Oireachtas Joint and Select Committees

Wednesday, 5 May 2021

Joint Oireachtas Committee on European Union Affairs

EU-UK Trade and Cooperation Agreement: Engagement with Mr. Barry Andrews, MEP

Mr. Barry Andrews:

I thank Deputy Richmond for his question. There are three options for what I might term connective tissue between Brussels and Belfast. We could have a Northern Ireland delegation of the European Parliament. This is something I have in mind to do and it is something that could be done without requiring any permission from governments. Currently, there is a joint consultative working group under the withdrawal agreement comprising expertise from civil servants. There is, however, no representation of civil society, academia, experts in human rights or parliamentarians. It is a good mechanism but it meets once a month and cannot make any binding decisions. It must feed into the joint committee. There is a real need for a parliamentary option.

The primary way to deal with this would be to carve from the parliamentary partnership assembly a subcommittee dealing specifically with Northern Ireland. There would be Members of the European Parliament and MPs from the UK, with the potential to have MLAs involved. Failing that, there could be a Northern Ireland delegation from the European Parliament.

I have raised with the President of the European Parliament that there should be a Northern Ireland Assembly office located within the European Parliament building because of the special status of Northern Ireland. We must really remind ourselves all the time that Northern Ireland is in a totally unique position because it is in the Single Market for goods and it will be affected by EU laws that we make in the European Parliament and in the Council. We are guardians of the Good Friday Agreement into the future so it is really critical we establish some better connections with the Northern Ireland Assembly and leave the door open.

On the question of enforcement capabilities in the context of the agreement, the role of the European Parliament is evolving. In the resolution we set out our ambitions for how we will be involved. Normally, with trade agreements, the European Parliament is entitled under treaties merely to be informed of what is happening. We have sought from the European Commission an inter-institutional agreement, which gives stronger powers to the European Parliament. The European Commission has indicated it will involve the European Parliament in the bigger questions, such as the power that the Commission has to end the TCA with 12 months' notice or to amend it. Any of those steps would include the European Parliament. The process is really evolving and the European Parliament is trying to decide exactly where its supervisory position will be. Will it be within trade and foreign affairs committees or will the UK co-ordination group continue? All that remains to be seen.

On the question of member state parliaments, much can be done. Within the architecture of the Good Friday Agreement we must really put new energy into that. I am particularly concerned with North-South and east-west co-operation. That is strands two and three. I am surprised the scrutiny function of this committee has not changed post Brexit. We relied, to a certain extent, on Whitehall to analyse some of the proposed regulations and directives coming from the European Union and we could do more to scrutinise future legislation, with a particular focus on how it might affect Northern Ireland. Perhaps the scrutiny function could be reviewed.

It is probably worthwhile mapping the multiple reviews that are coming up under the TCA and the withdrawal agreement, whether they concern the grace periods we have heard so much about, the four-year review of the protocol or reviews of fisheries or the TCA. All of these are pitfalls so it would be worth mapping when those reviews are due and what are the issues. In developing its work programme, the committee to tailor it to some of the potential minefields that lie ahead. The Deputy is absolutely right that this is a thin agreement. It is supposed to be a foundational agreement with additions on security and defence, recognition of professional qualifications, data and financial equivalence.

All these things remain to be settled and all of them are minefields. This committee will probably be well served by mapping all of that out and figuring out how to contribute in some way to safeguarding Ireland's interests, and, indeed, Northern Ireland's interests.

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