Dáil debates

Wednesday, 15 February 2017

Brexit and Special Designation for the North: Motion [Private Members]

 

4:30 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 3:

To delete all words after “Dáil Éireann” and substitute the following:

"notes that:— while the result of the United Kingdom’s (UK) European Union (EU) membership referendum of 23rd June, 2016, was not what the Government would have wished for, it respects the outcome of the democratic process in the UK and the decision of its electorate to leave the EU;

— recognising its value and benefits, Ireland will remain a fully committed member of the EU and continue to play an active role in the EU;

— the outcome of the UK referendum creates particular concerns in Northern Ireland, where a majority voted to remain in the EU;

— Brexit presents significant and unique challenges for Northern Ireland and the island of Ireland;

— Northern Ireland and the protection of the peace process are central concerns for the Government in the upcoming Brexit negotiations, in addition to the other stated priorities such as economy and trade, the Common Travel Area and the future of the EU;

— the Good Friday Agreement (GFA), an international agreement registered with the United Nations, remains the foundation for all our engagements on Northern Ireland and remains in force whatever the status of the UK within the EU;

— the GFA, which was endorsed by the people of this island, North and South, includes the principle of consent and the possibility of a change in constitutional status in Northern Ireland;

— the Government, as co-guarantor of the GFA, has emphasised at every opportunity in extensive discussions on Brexit with all EU member state Governments (including the UK Government), with members of the European Parliament, the EU Commission and other EU institutions that the principles and provisions of the GFA must be fully respected in any future agreement between the EU and the UK; and

— the Government has clearly and repeatedly stated and demonstrated its commitment to working urgently and intensively with our EU partners, the British Government and the Northern Ireland Executive to see how collectively we can ensure that the gains of the peace process in the last two decades are fully protected in whatever post-exit arrangements are negotiated;recognises the progress that had been made through the North South Ministerial Council in scoping out the sectoral implications of Brexit for Ireland, North and South, and agreeing joint principles for moving forward, including:— recognition of the unique circumstances of Northern Ireland, bearing in mind its geography and history;

— ensuring that the treaties and agreements between Ireland and the UK are fully taken into account;

— protecting the free movement of people, goods, capital and services; and

— maintaining the economic and social benefits of co-operation on both sides of the border; andfurther notes that:— the re-establishment of devolved power-sharing institutions in Northern Ireland as soon as possible after the upcoming elections on 2nd March, 2017, will be important in ensuring effective local political representation at this critical time in the Brexit process;

— the Government, as co-guarantor of the GFA, and its institutions will work to support the political parties in Northern Ireland in this regard;

— Northern Ireland is included in the EU’s list of negotiation priorities following an intensive diplomatic initiative by the Irish Government; and

— the Government remains committed to ensuring that the unique circumstances of Northern Ireland including all aspects of the GFA are fully considered in the upcoming negotiations and securing the best possible outcome for all of the people on the island of Ireland."

I am pleased to have the opportunity to move the Government's amendment and to acknowledge that this is a very important debate in the context of a critical issue, namely the matter of Northern Ireland and the withdrawal of the UK from the European Union. This is a major strategic challenge to the island of Ireland and a matter of great concern to all of us in the House and beyond. We face acute challenges to our economy and trade as well as in relation to Northern Ireland. I assure the House that the Government continues in a determined way to work closely with our European partners to ensure that they understand issues like the common travel area and our right to continue its operation, consistent with EU law, notwithstanding the withdrawal of the UK from the Union. Brexit is very much at the top of our agenda and has been since well before the referendum vote in the UK. It is top of the agenda in every Department and that is doubly so for my Department and that of the Taoiseach. The challenges of Brexit are multifaceted as indeed is our response. Across every Department, a substantial programme of work is well under way.

For the last eight months, I have been working closely with the Taoiseach, briefing governments in the European Union on our priorities and highlighting Ireland's approach and position to partner countries outside the European Union.

I have had over 150 high level meetings and discussions to date. Most recently, last week I travelled to Brussels where I met EU chief negotiator Michel Barnier, the European Parliament's representative Guy Verhofstadt and leading and influential MEPs from the Parliament and held formal meetings with foreign ministers from Italy and Finland.

While I was in Brussels the Taoiseach was in Warsaw holding bilateral talks with the Polish Prime Minister. The diplomatic programme undertaken by the Taoiseach and all of my Government colleague, including the Minister of State, Deputy Murphy, is buttressed by an intensive programme of engagements at official level and discussions with officials in the Commission, and member state Governments are continuing.

At national level an enormous programme of work has been undertaken. Ireland alone was in a position to publish a framework contingency plan on the day of the UK referendum result. The work across Government is intensive and relentless. It has been co-ordinated and led by the Taoiseach. To the suggestion in the Fianna Fáil amendment of a Minister for Brexit, I reiterate that the strategic challenge of Brexit is a job for the entire Cabinet led by the head of the Cabinet and Government, the Taoiseach. All Ministers in Government have their part to play, as do all political parties North and South.

As regards Northern Ireland, the Government has been clear that there are entirely unique circumstances that must be taken into account in the matter of the negotiations on the UK's withdrawal from the Union and the future relationship between the UK and the EU. The Good Friday Agreement, an international treaty registered with United Nations, provides for a unique political and constitutional settlement in Northern Ireland which is the foundation of the peace process. This is something the European Union as a whole has always recognised and has been supportive of. I have received heartening support from my foreign ministerial colleagues in that regard.

It is worth recalling that the Good Friday Agreement recognises the birthright of all of the people of Northern Ireland to identify themselves and to be accepted as Irish, British or both. This means that virtually everybody born in Northern Ireland can, as of right, choose to be an Irish citizen and, therefore, a citizen of the European Union with all of the rights and obligations of both. There is no parallel for this anywhere in Europe, a point I have continued to highlight with my colleagues.

The Agreement also contains very important provisions on the constitutional status of Northern Ireland. The Government has been clear that Brexit must cause no legal impediment to the mechanism set out in the Agreement for a united Ireland, in accordance with the principle of consent, and this point is specifically referenced in the Government's counter-motion.

The European Union is, first and foremost, a peace project and the Union has made immense contributions to the peace process on the island of Ireland over the past two decades and longer. From my engagement with all of my EU counterparts, Members of the European Parliament and senior representatives of the Commission and Council, I know there is a deep appreciation of the role of the European Union and the contribution it has made in support of the peace process, and they wish to continue that support regardless of the challenges and changes resulting from Brexit.

At the core of both Opposition motions is a specific request for the Government to adopt a position whereby Northern Ireland remains in the European Union with a special status post-Brexit. The UK's withdrawal from the Union is patently not something that this Government or anyone in the House wanted. The Government actively engaged and advocated for just the opposite during the referendum campaign in Northern Ireland and Great Britain. Our task now is to face up to the unwanted result and outcome, with all of the challenges that brings, in order to secure what will be the best outcome for the island of Ireland as a whole.

The cold reality is that, notwithstanding the unique circumstances on the island of Ireland, concepts and terms like "special status" give rise to serious concerns for other EU partners about precedents that might be set elsewhere. This would risk undermining the efforts of the Government to specifically address and mitigate the very real impacts facing our island and the people of Northern Ireland, in particular, due to the withdrawal of the UK from the union. While I entirely understand the rationale, the fact is that such a proposal would unnecessarily distract from work to secure arrangements which reflect the genuinely unique situation of Northern Ireland, which was founded in the peace process and the Good Friday Agreement, as well as its geographic status as the only border between the UK and 27 EU member states.

The provisions in the Government motion clearly support and point to the need for specific, effective and realisable measures that could address the major concerns about Brexit. Whether this relates to the Border, citizenship, constitutional and human rights provisions of the Agreement or otherwise, the Government will also advocate for the continuation of a range of EU policy support for Northern Ireland and the peace process, including EU funding. It is considering precedence and potential approaches of an innovative nature in this regard.

There are an array of difficult issues to address. Perhaps the most difficult and concerning of all is the matter of the Border. There has been much discussion and speculation about how this could be achieved, but the position of the Government from the very beginning has been that the invisible Border must be maintained. We are intensively engaged, in order to deepen understanding and support for each of Ireland's headline concerns, with every one of our EU partners, including the United Kingdom, as I have already outlined.

Over the past eight months, I have engaged intensively throughout the European Union and there is not a Foreign Minister in the European Union who is not aware of the central importance of the Good Friday Agreement and the staunch determination of the Irish Government, its co-guarantor, to make sure its principles and provisions are fully respected in any future arrangement or agreement between the European Union and the United Kingdom.

We must ensure that none of the gains of the peace process are lost. We have to be clear about the Border and many other areas. The United Kingdom and the European Union may need to compromise if we are to achieve the demanding objectives that the Government has set. The preservation of the invisible Border is a shared goal of the Irish and UK Governments. The Taoiseach set out to Prime Minister Theresa May on 30 January in Dublin the imperative for achieving that. There will be a need for the British Government to factor into its negotiating position with the European Union the stated objective in regard to our Border. I reinforced this message in my meeting with the Secretary of State for Northern Ireland at a meeting yesterday.

The Government will continue to work with our EU partners and prepare comprehensively in support of our overall objectives, including those pertaining to Northern Ireland, the peace process and all-island issues. It is, therefore, essential that the indispensable work of the North-South Ministerial Council can recommence at the earliest possible opportunity as the EU-UK negotiations are about to start.

The re-establishment of the devolved power-sharing institutions in Northern Ireland as soon as possible after the elections on 2 March is critical in managing the implications of Brexit for Northern Ireland. The Executive, as Deputies will be aware, is responsible for politically representing Northern Ireland's interests, including in the upcoming EU-UK negotiations. Members of the House have a specific responsibility in that regard.

Our amendment sets out the overall strategy for protecting the gains of the peace process and working in the interests of the island as a whole, underlining the work the Government has undertaken in regard to Northern Ireland in the context of this challenge. Many of the elements of the motions proposed by both Opposition parties are covered in this ongoing work, but are not listed in the Government motion so as to avoid inadvertent prioritisation of some and possible exclusion of others.

The avenue we take is that which will ensure that all provisions of the Good Friday Agreement are fully respected in any future EU-UK arrangements. We will secure the peace process and all-island interests. This is what the Government will continue to make progress on in the context of these negotiations. I commend the Government's counter-motion to the House.

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