Ms Mairead McGuinness:

I thank the Senators for the invitation to join them this morning because it is very timely. Next week, on 23 June, we will mark the fifth anniversary of the UK referendum to leave the European Union and, while I do not intend to rehash that decision or the events of the last five years, it is true to say that getting Brexit done was and is much easier said than done. It is also worth noting that the implications of Brexit for Ireland and Northern Ireland were known five years ago. Indeed, Sir John Major and Mr. Tony Blair came together in Derry and pointed out the realities of Brexit and the implications for Ireland in view of the fact that the invisible Irish Border would become the frontier between the UK and the European Union. In fact, Brexit reintroduced the word "border", which had long been forgotten, and reintroduced the implications of the word for the island of Ireland. It is sad to say that those concerns were dismissed out of hand by Leave campaigners and they did not make a ripple in the overall campaign and debate on Brexit. However, five years later, and it is quite extraordinary to think that it is five years, these issues are still confronting us and some, I believe, are still in denial.

On 1 January this year, Brexit formally took place and we are now actively working to implement the EU-UK Trade and Cooperation Agreement and the withdrawal agreement. My colleague, Vice-President of the EU Commission, Mr.Maroš Šefovi, is responsible for monitoring their implementation and co-chairs the joint committee and the partnership council with Lord Frost, his UK counterpart. I strongly stress to the committee that we want a good relationship with the United Kingdom as a close neighbour and a partner. We believe that relationship must be built on trust. Without trust we are nowhere. The Trade and Cooperation Agreement, TCA, and the withdrawal agreement provide the framework for the EU's relationship with the United Kingdom and the TCA represents the best possible outcome, given the UK's choice of a hard Brexit. We got as good a result as was possible within those limits - comprehensive access to the UK market with zero quotas and zero tariffs alongside a robust level playing field. The TCA gives the tools we need to build a positive and stable relationship with the UK. It also gives us the tools to monitor the UK's commitments and to guard against divergence.

Full implementation of the withdrawal agreement is also a prerequisite for a good relationship built on trust. After four years of difficult negotiations, the European Union and the United Kingdom agreed the protocol together. It remains the best and only possible solution to ensure peace and prosperity in Northern Ireland and to protect the Good Friday Agreement while protecting the integrity of the EU's Single Market. The protocol reflects the political choices of the United Kingdom. Indeed, the protocol was a UK choice. Members will recall that in the beginning the UK negotiated the backstop under the then Prime Minister, Mrs. Theresa May. Later, Mr. Boris Johnson pushed to renegotiate the withdrawal agreement and he agreed the protocol with the European Union. The EU agreed the protocol in good faith, expecting that an international agreement negotiated collectively with the United Kingdom and signed by the European Union and the United Kingdom would be fully implemented.

The UK's choice to leave the Single Market and the customs union has consequences. It makes trade between the UK and the European Union more difficult, with more red tape and more paperwork. The protocol addresses some of those consequences for Northern Ireland. Of course, there are still challenges with the implementation of the protocol, particularly when it comes to the movement of goods between Great Britain and Northern Ireland and especially around plant and animal health measures or sanitary and phytosanitary, SPS, measures, to use the jargon. On our side, the European Union continues to engage with the United Kingdom through the joint committee, in good faith, to find pragmatic solutions within the framework of the protocol. We want to help citizens and businesses in Northern Ireland to adapt and to limit the impact on daily life across the island of Ireland.

The Commission has already identified flexibilities and technical solutions, including on the very sensitive SPS measures, medicines, VAT and tariff rate quotas. On medicines, I stress that the European Union is very sensitive to public health issues, particularly in a pandemic. I assure the committee that the European Union wants to ensure absolute continuity of the supply of medicines to Northern Ireland. We cannot do this on our own, however. If we are to put forward practical, workable solutions, we need the United Kingdom to demonstrate that it is committed to full implementation of the protocol. In a way, there must be joint endeavour between both sides. Unfortunately, from our side, there are fundamental gaps in the UK's implementation of the agreement. The European Union has the tools to deal with these challenges, such as the infringement procedure launched in March due to the UK breaching its obligations under the protocol. If the UK were to take further unilateral action over the coming weeks, the EU would react firmly to ensure that the UK abides by its obligations under international law. There comes a point in a relationship when if one is not being fairly treated or treated with respect, there is a need to respond. I stress again, however, that we will continue engaging constructively with the United Kingdom.

The people on this island are aware that the impact of Brexit is already being felt and will continue to be felt for many years to come. Both the European Union and the United Kingdom have a responsibility to engage in close dialogue to ensure the full and effective implementation of the TCA and the withdrawal agreement but, as my colleague, Mr.Maroš Šefovi, said recently, trust, which should be at the heart of every relationship, needs to be restored. To have trust, we have to know that the UK will meet the commitments it made under the arrangements.

I am happy to listen to the comments of members of the committee, which is an important committee, and to share with them some of the issues that are still to be resolved. I believe that with goodwill and a practical approach we can resolve those issues.