Dáil debates

Tuesday, 12 March 2019

Ceisteanna ó Cheannairí - Leaders' Questions

 

2:25 pm

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

It is important to make a distinction between the legal changes made last night to the Brexit process by adding an extra layer in the legal instrument that was agreed and legal changes to the backstop in terms of what it looks like and how it delivers an outcome. On the second point, there are no changes to the text of the withdrawal agreement or the Irish protocol it contains and, therefore, there are no changes to the backstop in terms of how it would work should it be triggered. What is significant and different and has legal effect is the reassurance - and the processes which deliver that reassurance - on the temporary nature of the backstop. This is an insurance mechanism that nobody wants to use. If, however, it is ever used, both sides will use their best endeavours to ensure that it is temporary. On the first of those commitments, there is now a clear mechanism, with a timeline of one year, for both sides to use their best endeavours to consider alternative arrangements seriously in order to see whether they can replace the backstop. If they stack up, it will be agreed; if they do not, alternative arrangements will need to be continued to be worked on. The test in terms of the replacement of the backstop is still an actions-based test. It would still need to be there if it is ever triggered unless and until something that can do the same job can replace it. The commitment on the processes by which the EU and UK can consider those alternative arrangements were outlined in much clearer language yesterday that have legal effect.

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