Joan Burton (Dublin West, Labour) | Oireachtas source

Will the Taoiseach tell Members whether the legal text to codify the agreement he made in December, which he described as bullet-proof, is being prepared at present? Can he indicate what observations or requests for changes Ireland has made to the text and to the EU position documents on the proposed transition agreement and future trading relationship?

The backstop option was the Taoiseach's third option for arrangements regarding the Border in his December statement. Today's Irish edition of The Times reports that a source in the Department of Foreign Affairs and Trade has confirmed that rather than being in the main document, that is, the treaty or agreement that finally emerges, the backstop option will be contained in a protocol agreement to run alongside the main withdrawal deal under draft plans being considered by EU negotiators. It says that it will have the same legal backing as the main agreement but it is likely to be considered a victory for the UK where the Government has tried to explain, badly, how it might deal with the Border. The Border interests are likely to be contained in a protocol, annexe or addendum to the deal. I would regard this as being unsatisfactory in terms of constitutional arrangements in Ireland with respect to the Good Friday Agreement. It is important that the Taoiseach should clarify whether this is likely to be the case.

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