Dáil debates

Wednesday, 27 February 2019

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019: Second Stage (Resumed)

 

2:05 pm

Photo of Thomas PringleThomas Pringle (Donegal, Independent) | Oireachtas source

Despite the omnibus legislation being before the House this week, we are no more certain than we were before. Even if the Bill passes, the Government will still need to ensure Irish interests remain central to future negotiations in a post-Brexit fallout. The Bill has arrived far too late for proper and effective analysis if we are to maintain Irish interests post Brexit. Communities most affected by Brexit, such as Donegal, will not have had sufficient time to deal with the implications of the legislation or prepare for any mitigation required. It is astonishing we are getting the text only now, when many on this side of the House have been calling for a Government response since the referendum took place. For so long we have heard the mantra that Fine Gael was not preparing for a hard border simply because it could not imagine an Ireland with one but, in reality, that is not how crisis management works and it reflects a Government which has its head in the sand and will continue to have its head in the sand as Brexit dominates politics in the upcoming weeks.

It also brings to light the extent of the Government's dependence on Europe to do its bidding, which is short-sighted and does not have Irish interests at heart. Presenting an omnibus Bill in this form this late in the day means that other important legislation is being put on hold. If the same time and effort was afforded to the crises we have at home, we would be one step closer to fixing our housing and health crises.

Fianna Fáil’s cynical support for the Government is something to note. The party states it will not go to the polls because it is not in the interest of the people at this turbulent time yet it believes Fine Gael is so incompetent when it comes to homelessness and health that it hammers it at every turn. How can it think that Fine Gael is competent to dealing with an international political crisis when it cannot deal with health and homelessness? It amazes me every time I hear Fianna Fáil on about it.

As far as preparations for Brexit go, Ireland, which claims to be the country that will be most affected by the Brexit fallout, has lagged behind nearly every other country in the EU. Other countries are further ahead than we are, with some having legislation in place. In the Netherlands, for example, an omnibus Brexit Bill was published in November. It provides the Dutch Government with a legal basis to prepare laws and amendments, and to act without the need for an act of parliament in an emergency. I would not advocate Fine Gael retaining emergency powers but an appropriate and timely response would have been welcome. In France, a contingency plan was triggered on 17 January and agreed by its parliament. It includes the enactment of five ordinances and allows the French Government to make regulations that will then be ratified by parliament. In Spain, on 11 January, the government approved a comprehensive contingency plan, which includes legislative decrees that must be approved but cannot be amended by parliament. In Italy, on 21 December the government announced legislation and, in Sweden, for the past 12 months the government has been preparing emergency laws and ordinances. If we cannot legislate effectively in the same way as our European counterparts who will be less affected than us by Brexit, I seriously question the capacity of the Government to govern during a crisis. It automatically makes me question the overall quality of this omnibus legislation.

With regard to healthcare, I understand the Bill will protect current health projects but what about future projects and the development of services as time goes on? The Bill proposes to amend the Health Act 1970 and the Health Act 2004 to enable reciprocal healthcare arrangements to be maintained between Ireland and the UK, including reimbursement arrangements in the case of a no-deal Brexit. The common travel area facilitates access to health services in the UK and Ireland, including access to emergency, routine and planned care. Part 2 seeks to put in place an appropriate legal framework in Ireland to ensure the continuation of common travel area arrangements in respect of healthcare. I reiterate my concerns about future healthcare projects in Donegal and I question whether the Bill will secure the position of future projects that will be vital for citizens crossing the Border from Donegal. The Minister will need to clarify this.

Part 5 deals with student supports in higher education. The purpose of this part of the general scheme is to ensure continuity of the commitment to maintain the rights and privileges bestowed by the common travel area and eligibility for SUSI grants even in the event of a no-deal Brexit. While students from Donegal can apply for maintenance grants in respect of approved courses at higher national diploma level or higher, the student grant scheme is not available to thousands of students from Ireland attending post-leaving certificate equivalent courses outside the State, including Donegal students attending post-leaving certificate equivalent courses in North West Regional College in Derry. Will the Minister clarify what their situation will be? In the past, I have asked the Minister for Education and Skills to put this matter on the Department's agenda, with a view to allowing students taking level 5 courses in North West Regional College to access SUSI grant supports. He has committed to bringing it to the attention of the Department but I have not heard a word since. The Minister needs to clarify what will happen to these students who cannot access SUSI grants in the context of this section of the Bill.

Since partition, Donegal and other Border areas have suffered from chronic socioeconomic deprivation and a persistent lack of economic development. Coupled with Fine Gael's anti-rural policies, towns and villages throughout Donegal are losing jobs, businesses and people. This is why the proposed upgrade to the A5 was an enormous win for the region but all hopes were dashed yet again when Fine Gael failed to manage the costs of the national children's hospital and Donegal was the first to be bumped off the priority list. Brexit could result in the end of the project. What will happen to it?

Part 10 will be most relevant for bus and coach services that move in and out of Northern Ireland along Donegal's border. I understand the Bill provides for the backdrop to any future bilateral discussions to be held between the Irish and the UK Governments regarding arrangements to facilitate bus services. It is not very clear how transport services will be protected post Brexit, which makes the section redundant until we know what will happen in a few weeks. The Interbus Agreement is referenced as a reliable framework to protect existing transport routes that meander across the Border. However, representatives from the transport sector, North and South, have expressed concerns about the agreement as a solution for the full continuation of cross-Border bus services. I urge further clarification from the Minister. With all the drama around Brexit it is worth pointing out that at the height of the Troubles we were still able to cross the Border. I will continue to use the Border crossings when travelling up and down to Dublin; I certainly will not be going through Sligo to get here because that would be an absolute disaster.

Regarding social welfare, under the terms of the convention, all existing arrangements with regard to recognition of, and access to, social insurance entitlements will be maintained and protected in both jurisdictions. I hope the Bill will reflect the complexities involved in many people's lives when it comes to the need for income supports. My office deals with very complex situations regarding social welfare and pension entitlements. It is a bureaucratic system to navigate and I hope that post Brexit it will not become even more so.

Deputy Connolly will speak about Údarás na Gaeltachta but it is interesting that it issued a press release issued yesterday on the impact Brexit could have on it. This was on foot of inquiries from Deputy Connolly's office. How realistic is it? It pointed out that 25 out of 150 companies are at risk. These companies employ more than 20 people. It states the same entitlements as apply to Enterprise Ireland companies will apply to Údarás na Gaeltachta companies but Údarás na Gaeltachta is not mentioned anywhere in the Bill. What is the situation? It needs to be clarified as a matter of urgency.

A a meeting of the agriculture committee yesterday, two EU proposals relating to fishing came up for scrutiny. We asked for officials from the Department to come before the committee to discuss how fishing would be impacted by Brexit but we were told there was no need because it has nothing to do with the Department. As far as the Department is concerned, there are no Irish waters, there are only European waters. What is the situation in this regard? There is no mention of fishing in respect of Brexit. It has been left totally open to the EU, which tells Irish fishermen exactly how the Government views fishing.

Let us remember that while EU countries have given their explicit support for Ireland throughout the Brexit negotiations, many countries are also careful to mention that in the event of a no-deal outcome, while they support the Irish position that there should be no return to a hard border, it would also be necessary to protect the Single Market. It was interesting that a couple of weeks ago everybody jumped on the Polish Minister of Foreign Affairs when he stated the Irish situation in a no-deal Brexit would have to be up for discussion but when the German foreign Minister said the exact same thing the week before that there was no mention of it here in Ireland. Is it okay to kick the Polish but kowtow to the Germans? The reality is they will look after their interests when it comes down to it and the only way we will be looked after is if our interests ally with theirs. We can be certain the EU will look after its own position at all times.

If it suits the EU, it will happen. The EU will shaft us if it has to. It indicated that adjustments might be made with regard to the backstop and the Taoiseach rolled over on that point by saying that a review clause might be included. One thing that is certain in Europe is that might is right. If a country is big and powerful like France or Germany, it can call the shots. As the fifth largest economy in the world, the UK will get its own way. One can bet that the EU will agree in line with the interests of the UK and the EU, with Ireland's interests well down the line.

In many ways, Brexit, as an external political process, has shone a light on our political processes and the quality of our democracy. It has revealed the extent of our dependency on external forces, a dependency solidified by Governments past and present. It reveals how this and previous Governments have failed to make Ireland self-reliant in terms of healthcare provision and transport infrastructure, particularly in Donegal. The Brexit fallout should serve as a reminder of our short-sightedness and the lack of investment by the State in its people and industries. Donegal is an unwilling witness to the persistent lack of economic development in the north west. Governments past and present have assumed political stability and taken the Anglo-Irish Agreement for granted. The strength of our political stability, that agreement and its successors will now be tested.

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