Oireachtas Joint and Select Committees

Wednesday, 2 October 2024

Joint Oireachtas Committee on European Union Affairs

The Windsor Framework and Related Matters: Discussion

10:00 am

Mr. Paul Lynam:

I have just a few comments before I invite Ms Lynch and Mr. Donohoe to respond. Regarding a new framework and protocol, a review is due, but we are very conscious of the amount of water we had behind us in getting here and of not reopening matters. There is a big difference between dealing with a framework that is not operating as envisaged, or with some unexpected challenges, and renegotiating a new framework, which I do not think anybody has the appetite for. One thing we wanted from the get-go from the Northern Ireland protocol, and which would still apply, was the giving of greater strength and teeth to the joint committee that overseas it. Right now, it is just a matter of making sure the protocol is being fully implemented, whereas if the joint committee had greater strength and teeth, it would have a more dynamic response to some of the unforeseen challenges that have arisen. That would be the most pragmatic way forward; however, there is a different culture, perspective or outlook from the EU.

Deputy Harkin has more experience than most in understanding that the EU, whatever else about it, is certainly a union of laws, rules and regulations. That said, there was a change of approach. Michel Barnier did much of the heavy lifting in the exit negotiations but Maroš Šefovi, who is still in place, was far more pragmatic in finding solutions outside the box. That is what got us to where we are today, with the positive steps forward. We do not really want to open the whole thing again, go through all the battles again and have problems again but there are some identifiable issues that need to be addressed, as raised by Mr. Donohoe. To go back to what Deputy Howlin said regarding the review of the framework and putting something to Nick Thomas-Symonds, one could strengthen the joint committee on an ongoing by giving it some teeth.

The common travel area is very different in terms of free movement. We are proudly and unequivocally in the customs union of the EU, and Ireland's position on that will not change. Obviously, there has to be a border somewhere when one of the countries is outside the EU but there are pragmatic approaches that we could take, as alluded to by Ms Lynch. In this regard, there is the question of whether companies need to be set up. The UK has control of its own customs policy entirely , so whatever Ireland can do under the European customs code is very different from what the UK can do. We have seen that so far in its approach, including through HMRC and Border Force.

I will ask Mr. Donohoe to go into the specifics on what the Deputy said about veterinary medicines and Ms Lynch to address the Deputy's questions on regulatory concerns, what must be done by way of establishing companies, why the existing arrangement in this regard is in place and whether there is a compromise that the British might consider.