Oireachtas Joint and Select Committees

Wednesday, 8 March 2023

Joint Oireachtas Committee on European Union Affairs

General Affairs Council: Minister of State at the Department of Foreign Affairs

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour) | Oireachtas source

I wish the Minister of State, Deputy Burke, in his first presentation to this committee, every success in his work, although I have met him in his new role elsewhere.

Needless to say, the GAC always has a broad agenda. I want to focus on a couple of areas the Minister of State might focus on. First, I want to talk about the new Windsor Framework. I had the privilege of being in Belfast on Sunday and Monday at the British-Irish Parliamentary Assembly. The plenary met, with some degree of irony, in the Assembly chamber in Stormont. Some MLAs said it was the first time they debated any issue since their election last May, and hopefully that particular issue will be resolved.

I have become familiar over the years with negotiations in relation to the impact on Northern Ireland sometimes being characterised by the euphemism "constructive ambiguity", to allow everybody to present issues in a very clear way. One of the difficulties that has beset, if you like, dealing with the protocol is that there is very little room for constructive ambiguity, because of the legal framework that needs to be tied down in European law, and clearly understood. One of the things I am not clear about yet - and the Minister of State might amplify his understanding of it - is how the Stormont brake is to work. My understanding, as it is presented, is that if there is an issue in relation to trade that impacts Northern Ireland in a way that is particularly disruptive, and if 30 members of the Northern Ireland Assembly from at least two parties sign a motion from, that goes before the full Assembly, and if the Assembly votes on it, the so-called brake can be activated but how this will work is not clear.

My understanding is that it is a matter for the British Government to respond by using some mechanism of mediation. The details of that are unclear so can the Minister of State answer a couple of questions on that aspect for clarity's sake? Will there be a requirement in the first instance both for the 30 initial MLAs to be not only from two parties but from both communities? Second, what will be the consequences if the brake is ultimately applied in terms of the disapplication of European law on trade in the part of the Single Market? That is certainly an issue that has been raised.

I also have an allied but different question. Because we have, quite understandably, been focused on the implications for Northern Ireland to settle that issue, there are also issues relating to direct east-west trade, from Great Britain into Dublin and Great Britain into Rosslare which is a port I am very concerned about and interested in. There has been a significant diminution of east-west trade into the southern and middle corridor routes, and a huge expansion of trade directly to continental ports with sailings from Rosslare to the Continent from six per week to 36 per week because of the land bridge issue, for example. Can the witnesses give any indication of when and how the application of the full treaty obligations will be applied, or will they be applied, which would impact on that east-west trade?

I have one other question but maybe if I could allow the Windsor accord issues to be addressed first that would be acceptable.

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