Catherine Murphy (Kildare North, Social Democrats) | Oireachtas source

We know this emergency legislation is very much of a technical nature. As we debate it, the ground is shifting in the House of Commons and, hopefully, we will never have to use this legislation. I noted the Tánaiste's comments about the value of a united front across all of the political divide. While I agree with him on that, and agree most Irish people feel a sense of belonging to Europe, it is important to say that does not mean we like or, indeed, respect the European institutions. That is where opinions diverge.

During the height of the economic crisis, we saw intergovernmentalism, driven by Germany and France, at the core of decision making in the European Union. The Union ceased to be a union of member states and the small or more vulnerable countries learned a hard lesson that eroded trust, not least here in Ireland, and it has had a lasting effect. That said, the vast majority of people want to remain within the Union, although that does not mean people would not like to see significant and fundamental reforms of the EU. However, that debate is for another day.

Speaking some time after the Brexit vote, German philosopher Jürgen Habermas said:

Of course, the call to "take back control" that played a role in the British campaign is a symptom to be taken seriously. What really hit home with observers is the obvious irrationality not just of the result but of the entire campaign... Like all symptoms, this feeling of the loss of control has a real core – the hollowing out of national democracies that, until now, had given citizens the right to co-determine important conditions of their social existence. The UK referendum provides vivid evidence about the keyword "post-democracy". Obviously, the infrastructure without which there can be no sound public sphere and party competition has crumbled. After initial analyses the media and opposing political parties failed to inform the populace about relevant questions and elementary facts, let alone make differentiated arguments for or against opposing political views.

We can see that playing out now within the House of Commons in a very real way. The great irony is that the need to protect democracy following the referendum, which played out in slogans and misinformation, is being held up as the essence of democracy, while at the same time a much more informed populace may not get the opportunity to vote in an environment where they have a real understanding of the enormity of the decision and the consequences for them as a people. That, I would argue, is a huge undermining of democracy rather than a protection of democracy. It is a real-life demonstration of the “post-democracy” era.

While the decision is not for us to make, I hope there will be another vote. We have reversed referendums in the past. While it is popular to point to European referendums, I am glad we had two referendums on divorce, for example, with the second one being carried. The experience of both the Constitutional Convention and the Citizens' Assembly have been extraordinarily useful as a precursor to referendums. We know that asking the question in a referendum in the absence of information on possible outcomes is problematic.

We are perhaps in a more unique situation than we fully realise. This is our second divorce with the United Kingdom. In 1922, the new Dáil was tasked with setting up an entire state apparatus with the backdrop of the fallout from the Treaty and a civil war about to erupt. This perhaps gives us some understanding of how difficult the early years were. Unlike 100 years ago, there is a unity of purpose in that the North voted to remain and there is a united approach on the island of Ireland in regard to commonality and the value of being members of the EU. Reading the record of the Dáil in the early years of the State shows how it was not possible to think of all the things that needed to be done. Several different versions were needed and institutions had to be created and re-created. In some cases, it meant we inherited institutions, the nature of which reflected the culture they were devised within. Our legal, education and local government systems were all inherited and were developed within a culture that was not uniquely Irish. They were devised with the backdrop of people being subjects rather than citizens. Almost 100 years later, who could have envisaged that there would be some degree of regret about the division between Ireland and England, if we can leave the United Kingdom out of it? It is a strange feeling.

This emergency legislation, which I hope is never used, refers to Northern Ireland as a third state. I have asked myself why that description is so dispiriting. Like many, I want to see a united Ireland but I do not want to see a return to violence, and that is reflected in the approach of the Good Friday Agreement. While a commitment to no hard border is paramount, the border of minds is a very serious concern. What have been so important in building and maintaining peace are the mundane and not very prominent mechanisms for engagement within Northern Ireland, but just as importantly within the North-South institutions. There is a small number of such formal institutions but new strands have been added underneath them which have broadened the reach and co-operation. If anything, that shows the success and the bedding in of the peace process but the border of minds is a real concern in that context. While this legislation deals with very technical and practical issues, it is obvious Brexit in any form will change the nature of those institutions, which will undermine the situation to a greater or lesser extent.

The success of the peace process has its greatest impact on the island of Ireland but it is valued internationally. In a world where there is ongoing conflict, it shows other parts of the world where there is conflict that there can be a more hopeful and peaceful future.

It is essential that we can point to such examples. Any undermining of the process will have a much wider impact. Our joint membership of the European Union was central to that possibility. While ongoing, the conflict in Northern Ireland held both North and South back on many fronts, but certainly economically. It is to our mutual benefit that both parts of the island thrive. Early on, after the referendum on Brexit was carried in Britain, I heard it said that the big risk was that we should be moving into the second phase of normalisation in post-conflict Northern Ireland. Brexit will inhibit that for years.

New diplomatic arrangements are also unlikely to replace the soft diplomacy which the European institutions offered. It is not possible to account for that in this kind of legislation. Things are, however, going to crop up regardless of what type of Brexit happens, if any. Some structure will have to be designed and put in place but it will not offer the same informal opportunities. New institutions will need to be built should the unthinkable occur and a no-deal Brexit happens. Any form of Brexit will require that. People are very fearful about something that could happen, that is not of our making and that we have very little control over. We are all hearing that. We can make as many efforts as possible to deal with what might happen but it is very difficult to do that until we actually see the shape of Brexit.

We can try to anticipate how things will work out and how institutions will adapt in the context of a no-deal Brexit. What we are really doing here is making a series of educated guesses. That is something we all acknowledge and we all have to work through. It is not a criticism but it is reality. We are in a very fluid situation. We have no way of knowing how the votes in the House of Commons will go. We do know we have a great deal of trade with Britain. Nearly 200,000 people are directly employed in 5,000 or more small to medium-sized enterprises. If the multipliers associated with that sector are included, we are most likely talking about closer to between 300,000 and 350,000 people employed. Tariffs, in that context, are a real concern. Currency values are also a concern. This legislation is to deal with some very immediate things. It certainly gives us some understanding of what we face. Even thinking through it gives us some understanding that this is very much a tentative first step. This is going to have to be revisited, depending on how this situation plays out. We will, of course, be supporting this legislation and assisting in its speedy passage through the Dáil.

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