Dáil debates

Wednesday, 5 December 2018

Ceisteanna (Atógáil) - Questions (Resumed)

Brexit Issues

1:45 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

There is not much to be achieved by trying to discern any final outcome from the chaos in Westminster at the moment. There are many different groups and constantly shifting coalitions. For example, the vote yesterday on the Dominic Grieve amendment was interesting. It saw European-positive Tory MPs, who will mostly support the deal, vote with the UK Opposition while the deal's most bitter opponents actually supported the Government. The week's events raise serious issues. We have also seen the Keir Starmer parliamentary manoeuvres in forcing the publication of the advice of the UK Attorney General. In many ways this illustrates the strength of the British Parliament, its parliamentary tradition and its power vis-à-vis the UK Executive. It is something we might look at here.

I put it to the Taoiseach that the advice of the British Attorney General is now published. I gather we are waiting for the European legal advice and it is due in the coming period. Should our own Attorney General's advice not be published given the unique circumstances governing this issue? It is a serious issue for all concerned. The Taoiseach indicated to me that the EU legal service will make a statement at some stage about the legal implications of the withdrawal treaty. It might be useful if we had our own advice.

I accept that, as the British Attorney General pointed out, there is a political dimension and a legal dimension. He made the point that the backstop can never be permanent while at the same time saying that the UK could be trapped because of EU law and so on. He then made the strong point that, politically, there will be a desire to have an agreement and suggested that we should look at the positive side of that. Nonetheless, it would be helpful if we were to reflect on what is happening in Westminster in terms of the power of parliament there and compare it with what is happening in this Parliament in terms of access to important advice.

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