Oireachtas Joint and Select Committees

Thursday, 29 September 2022

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Architects of the Good Friday Agreement (Resumed): Mr. Mark Durkan

Mr. Mark Durkan:

We should respect the validity of the broad architecture of the agreement. However, 25 years on, the fixtures, fittings and furniture that come with it certainly need to be looked at again and used. The agreement should not be looked on as a precious ornament, which is not to be touched. It is a tool kit to be used and developed, not least in the context of many of the issues and questions Brexit throws up. In terms of protecting the island economy and meeting the issues and difficulties that exist with the protocol, using the machinery of the agreement could be an answer, by using, repointing and repurposing some of the existing North-South implementation bodies. We have a trade and business development body called InterTradeIreland. While it was set up specifically with a remit to look at small and medium enterprises and to make sure they took full advantage of the market space not only in the island economy North and South, but also in wider markets, we need to look at that remit again not just in the context of the island and EU markets, but also the UK market. Both the UK Government and the EU in their respective proposals about express lanes or red and green channels talk about a trusted trader scheme. Can an existing North-South body be repointed to possibly oversee that? It is in the protocol that proposals are invited to the EU-UK specialised committee from the North-South Ministerial Council, or some of the implementation bodies. There is an invitation to use creative and lateral thinking but currently nobody seems to be taking that up. We do not have a North-South Ministerial Council because we do not have an Executive but that is where the argument should be made to those holding back from forming an Executive to say they could challenge other parties in the North to agree proposals from the Executive to the joint committee and the specialised committee. They could also challenge other parties in the North and the Irish Government to agree positive ideas for improving the workings of the protocol or easing the frictions around it by using those provisions in the protocol for the North-South Ministerial Council or implementation bodies. We need to take and use the agreement and its machinery. It is not treasure to be kept in a glass case.

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