Dáil debates

Thursday, 15 November 2018

Ceisteanna ó Cheannairí - Leaders' Questions

 

12:15 pm

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

On the permanence or otherwise of a backstop, that is there as a fallback position if nothing else can be agreed to resolve the Border issue through a future relationship agreement during a transition or extended transition period. It states that the objective of the withdrawal agreement is not to establish a permanent relationship between the Union and the UK. It also states that the provisions of the protocol shall apply unless and until they are superseded in whole or in part by a subsequent agreement. The definition of temporary is "unless and until" something else can be agreed. The key issue there is that, first, nobody wants to use the backstop. It is only triggered if it has to be used in the absence of anything else that can do the same job. Even if it is triggered there are review mechanisms, which clearly suggests that the intention here is that this is temporary until we can put another agreement in place that everyone can sign. However, that other agreement to solve the problem must be agreed by both sides, and that language is clear to reassure people. If the backstop is used - and I hope it will not - it will be temporary until we can secure a comprehensive future relationship agreement which will be permanent and fundamentally solve the Border question. That is what we are all trying to do, and we will work with the British Prime Minister on that.

Regarding legal advice, this text has been agreed between the EU collectively and the UK through the British Government. From an Irish perspective, the legal advice on this text is EU legal advice. The Attorney General might well have his view on it but the legal advice comes from the extensive legal team available to Michel Barnier and his task force.

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