Oireachtas Joint and Select Committees

Wednesday, 13 October 2021

Joint Oireachtas Committee on European Union Affairs

State of the Union 2021: Discussion

Ms Barbara Nolan:

I have tried not to get too drawn into the UK's threats and the sword of Damocles that is Article 16. From our perspective, invoking Article 16 would not solve any of the challenges people and businesses in Northern Ireland are experiencing due to Brexit. On the contrary, it would only add to the uncertainty. It would probably further complicate the process of finding solutions. If the UK Government's concerns are more about sovereignty and domestic policies than the actual problems on the ground in Northern Ireland, it may indeed decide to trigger Article 16. If it does so, we will at least feel that we have done everything to avoid that situation. We would then have to look at deploying parts of our own legal toolbox under the withdrawal agreement and the trade and co-operation agreement in response. What are those measures? One is arbitration to challenge such measures. The next is to move to an infringement procedure which was launched in March but then put on ice. We could also launch a series of new infringement procedures on, for example, chilled meats and other areas in which the protocol has been breached. We can use measures under the trade and co-operation agreement as well. We do not want a confrontation. We do not want to enter such a phase but we have to prepare for that case arising. That is where we stand on that.

On the European Court of Justice, I do not want to use the term "red lines" because everybody is talking about red lines, but that is a clear red line. The European Court of Justice is the arbiter on the Single Market. If one takes out the European Court of Justice, one cannot have access to the Single Market. It is a chicken and egg situation. Vice-President Šefovi said the same to the Institute of International and European Affairs last week. He made it crystal clear how important this is. I do not think I need to add anything to that.

The ALMA programme was just announced by the president last month. Colleagues in either the employment or the education Directorate General - I am not sure which - are now preparing it. We have to wait to see when that proposal comes through but the idea is that this is not for the higher education area but more for young people who may have fallen through the cracks to some extent, in that they are not in employment, education or training. As soon as I have more details on that programme, I will be happy to share them with the Senator.

I thank the Senator for participating in our event on the state of the Union on the day the president made her speech because she had to react in real time. She did a great job. I thank her for participating in that event.

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