Róisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

In previous debates on Brexit, many Deputies have repeatedly urged that, in the context of the negotiations, the British Government should outline its exact plans for avoiding a hard border in Ireland and indicate what the final arrangement for the Border will look like. Unfortunately, we still have not seen those plans. It seems that in reaching this agreement, Prime Minister May has managed to shock many in her Cabinet into resigning. The political infighting in the Conservative Party has been allowed to hamper and delay these negotiations to such an extent that the deal agreed last week already seems to be in grave danger.

While the contents of the agreement are to be broadly welcomed - and I pay tribute to the hard work of Ministers, civil servants and others involved in the negotiations - there was a sense of unreality from Government last week that was not helpful. In the context of the very tricky political arithmetic that Prime Minister May faces in the House of Commons, the hubris in which the Government and others chose to engage was, in my view, damaging. I welcome the fact that we have a calm motion before us tonight. There was a danger that this motion might be a different kind of motion, but it is calm, short and to the point, and it is the correct approach to take. It is right that the Irish parliament endorses that motion. The Social Democrats are very happy to do that. I do not believe that the two amendments tabled are particularly helpful. Many of us might have sought changes to the motion and to add on various important things relevant to this whole issue, but it is important that a very straightforward, unanimous decision is made by Irish parliamentarians.

Last week, the Government welcomed the content of the draft withdrawal agreement enthusiastically. That was not helpful in terms of quelling the fears of even moderate Brexiteers that this deal was anything other than a capitulation to the demands of the EU 27. A difficult balance must be struck in that regard, particularly as what is very good for Ireland is seen as being very bad for the UK. This is an extremely sensitive matter and people must tread a very careful line. Similarly, the DUP, whose crucial votes in the House of Commons seem to be slipping through the Prime Minister’s fingers, will undoubtedly have been put in a position where it could not be seen to be supporting anything that Dublin was welcoming so heartily. This view is shared by many hard-line Brexiteers in the Conservative Party and the British Labour Party. Kate Hoey, for example, described elements of the backstop arrangement yesterday in the Belfast Telegraph as “look[ing] like they were written by the Irish Government".

I attended the briefing with the Tánaiste and his staff late last Wednesday night. I and others were very appreciative of that briefing; it was worthwhile. However, it would have been helpful if other party representatives had a greater insight into the actual politics of the issue. We had confidence that the Government had negotiated a good deal on our behalf but the politics of the situation in the UK and the relationship between the UK, Ireland and the EU will ultimately decide the outcome of Brexit.

It would have been helpful if we had more discussion in that regard.

It was a short-lived thing, but there were times last Wednesday when the reaction to the deal on the part of representatives of both the Government and other parties showed a lack of appreciation of how the mechanics and operation of this draft agreement are so intimately bound to the political reality in Westminster. While many may lambaste those in the Conservative Party and the DUP who seem to be intent on making their constituents poorer in order to further their particular political agenda, we must accept that the composition of the House of Commons will remain as it is until such time as there is a general election. While many are predicting that will happen soon, this may not necessarily be the case. That is why the reality with which the Government is dealing must be recognised and everybody should be mindful of the very difficult situation in which Prime Minister May finds herself.

I note with interest the comments by Amber Rudd this morning, who effectively contradicted the Prime Minister by saying the British Cabinet would act to prevent a no-deal situation in the event that the draft agreement fails to make its way through the House of Commons. That was a welcome comment. With these mixed signals in mind, I wish to ask the Minister a question I have previously raised in this Chamber. What will be the practical response of the Irish Government if the unthinkable happens and the United Kingdom leaves the European Union without a deal in place next March? Is a clear contingency plan in place to ensure that the land Border between the Republic and Northern Ireland remains open? Given the very volatile and unpredictable situation in Westminster, it is imperative that we are well prepared for this eventuality. While it has been said by others, we continue to be in a situation in which we hope for the best but must prepare properly for the worst.

While the focus of our attention is on the UK, it should not be forgotten that other EU states will be directly affected by Brexit. One such state is Cyprus, as thousands of Cypriots are employed on two British army bases in the south of the island which are considered sovereign British territory. Another such state is Spain. I note that reports emerged yesterday that the Spanish Government is unhappy with certain elements of the withdrawal agreement as they relate to the relationship between Gibraltar and the EU. I urge the Minister to engage carefully with his counterparts to ensure that the hard work on the deal is not scuppered by last-minute local political concerns in the EU 27, if it does manage to pass through the House of Commons.

If this issue is drawn out or if there is an extension, we simply do not know what other issues might come into play in a year or two that will affect the EU's attitude. We do not know if it will be possible to hold the EU together in that regard, which is why it is so important to get to a point at an early stage where there is an agreement on the final deal. Things will not always remain the way they are within the other member states. There is a genuine fear that the political situation in other countries could change. Attitudes to the EU could change in the next couple of years, which could make reaching a final agreement all the more difficult.

While there is an acceptance that this deal, if endorsed by the UK and EU, is the best that can be negotiated, it bears repeating that there is no such thing as a good Brexit for Ireland. Regardless of the UK's relationship with the European Union, it is inevitable that the relationship between our two states will be diminished. It is a great shame for Ireland that a state with which we shared a common position on many aspects of the European project is leaving the bloc, particularly a state which enjoyed as much influence in shaping the EU of today as did the UK. I acknowledge the efforts of the Government in building new alliances with small EU states similar to ourselves. These relationships will undoubtedly prove crucial in the future, when the dust of Brexit settles and the day-to-day functioning of the EU readjusts to the reality of the UK's absence.

I wish to draw attention to one particular area of the draft withdrawal agreement that I believe warrants further scrutiny and will need clarification. I refer to Article 5 of the protocol on Ireland and Northern Ireland, which concerns the common travel area. I have previously raised in the Chamber the seemingly impossible situation whereby other citizens of the European Union will continue to enjoy the right to free movement into and out of the Republic of Ireland, while the common travel area is retained as it is. As we know, the common travel area allows for citizens of Ireland and the United Kingdom to travel and work freely in each jurisdiction. It is not difficult to understand the issue with this proposal. In effect, the Border between the UK and Ireland will be an open land frontier into the United Kingdom for EU citizens. I do not see how this circle can be squared given how vociferous Prime Minister May has been regarding the fact that this deal will end free movement of non-Irish EU nationals into the UK.

If the DUP will not accept travel restrictions between Northern Ireland and mainland Great Britain, this presents a major stumbling block for the deal. I would very much welcome clarity from the Tánaiste on this issue, as the Border could in effect become a magnet for those wishing to enter the UK illegally. I note that reports emerged earlier in the week indicating that Ireland could refuse entry for EU personae non grataewho are not allowed to enter the United Kingdom. However, this does not address the issue of regular EU nationals intent on entering the UK via Northern Ireland.

While I commend the work of the Department of Foreign Affairs and Trade and the Minister in particular, as well as all of the others who have ensured that this deal is the best that could be brokered from an Irish perspective, I still harbour some grave fears about how this scenario will play out. Undoubtedly the Minister does too. We can only hope that the summit this weekend will be enough to ensure that the issues with the deal can be addressed without having to make major alterations and that the Prime Minister will be able to command enough support to guide it through Westminster.

The challenge for the Government is to strike a balance, holding the line on no hard border while also acknowledging the reality of the political arithmetic for the British Prime Minister. The fact that the promise of Mrs. May’s predecessor to hold a Brexit referendum was an enormous mistake does not make the task any easier.

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