Oireachtas Joint and Select Committees

Tuesday, 27 April 2021

Joint Oireachtas Committee on European Union Affairs

EU Protocol on Northern Ireland-Ireland: Engagement with the Minister for Foreign Affairs

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

On the trust issues, in a negotiation that is complex trust builds up over time. The breakdown of relationships at different moments during the Brexit discussions are well documented and understood at this stage. What would help from an EU perspective would be to get clarity and line of sight on, for example, physical infrastructure in ports in Northern Ireland with regard to Border control posts. It is not that they want to force more inspections, it is just that they want to make sure the infrastructure is there so that it is for real. This in many ways is a signal that the British Government and the Executive in Northern Ireland are facilitating what has been agreed and what is part of international law in the withdrawal agreement and protocol.

Likewise, there are practical things that were fully committed to in December, for example, access to IT systems in Northern Ireland to understand the data around trade flows. Part of the deal in December was that the UK did not want the EU to have a significant presence in Belfast or Larne. The UK wanted that presence to be low-key, and understandably so. There is not a big EU office in Belfast with an EU flag hanging out of the wall. Instead there is a very low-key presence of trade experts from the EU, who are there not to impose checks but, effectively, to report back to the EU that the protocol is being implemented as agreed. It is important for those people to be able to access in a low-key way the data on goods that are coming and going to ensure they know that the systems are working as they should. It is important also that their security can be guaranteed in respect of some of the tension. These are practical things that can happen in a way that does not involve press releases or drama but reassures the Commission that, from a technical perspective, the infrastructure and the data are being shared and that this relationship and partnership is transparent and is working as has been agreed. The facilitation of those kinds of practical issues makes it easier for the European Commission then to show flexibility or pragmatism around things such as extensions of grace periods because there is an understanding that the British Government is fully committed to implementing the protocol. Some of those things are happening, but a bit more pace in delivering some of those elements would be helpful.

I have said it before and I will say it again: the institutions of the Good Friday Agreement are not just about the Executive and the Assembly in Northern Ireland; they are also very much about the North-South Ministerial Council. Let us face it: nationalism in Northern Ireland - certainly, many among the nationalist community in Northern Ireland - bought into the Good Friday Agreement. Many people in Ireland agreed to amend the Constitution because of the commitment to a structured engagement with the Irish Government in the context of managing an all-island, North-South relationship through the North-South Ministerial Council. It is, therefore, an absolutely essential element of the Good Friday Agreement in terms of all-island co-operation, and the idea that we could just shut that off and try to effectively isolate Northern Ireland and not to interact politically with the Republic of Ireland in the context of North-South Ministerial Council meetings very much undermines not only the letter but also the spirit of the Good Friday Agreement. That is why it is important that those meetings function and happen regularly. There are different arguments surrounding the BIIGC, but it is a really important structure for the Dublin and London Governments to interact on. That is why we continue to advocate for a BIIGC meeting, and not only that but also a scheduling of meetings in order that we do not have to essentially lobby for a BIIGC meeting for months every time before one happens. I think that message is understood, but let us wait and see where it goes.

I have had quite a few interactions - they are usually on Zoom these days - with the business community in Northern Ireland. When we lived in more normal times and I was travelling to Belfast or elsewhere in Northern Ireland almost once a fortnight for quite a sustained period, some of those interactions were with business communities such as Belfast Chamber and the Derry and Newry chambers of commerce. The business community in Northern Ireland is pragmatic. What it is looking for is certainty in order that it can then shape its business, trade and supply chains around as much certainty as we can give it. Of course, many business people welcomed the British Government's unilateral action to extend grace periods because it meant that some of the choices they needed to make got pushed back for a period. However, the uncertainty that has created now in terms of the relationship is not good for the business environment in Northern Ireland, not good for foreign direct investment and not good for managing supply chains out into the medium term. The primary ask of the business community is that it be given a picture of how this will look. It is not interested in getting involved in the political stand-off on some of these issues. It wants these issues resolved, whether customs checks and the delays in that regard; SPS checks or future SPS agreements; health certificates; or tariffs on certain products that they had not anticipated might have tariffs applied to them because of country of origin issues. Flour is a good example of that. Because mills in the UK source grain from Canada to produce flour in the UK for the Irish market, that is not considered UK flour because of where the grain comes from and, therefore, tariffs apply. There are issues like that on which we need to work with business to try to address and accommodate.

From my perspective, the interactions with business leaders and the business community, who happen to be primarily unionist, have been very frank and positive, but there are other anxieties in Northern Ireland, obviously, that are linked to loyalism and political unionism, which we have to respect and try to understand in how we talk about these issues. However, we have to be honest too. There is no point in telling a community, a political party or somebody what they want to hear to try to reduce tension if one is not telling them the truth. We have to be respectful but also truthful about the options that are there for us in the context of the deals that have been done and international law, which is now part of the international treaty that is there.

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