Dáil debates

Tuesday, 8 September 2020

Saincheisteanna Tráthúla - Topical Issue Debate

Brexit Negotiations

6:10 pm

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

I welcome the opportunity to address Members of the House on this important issue. As Members will be aware, negotiations on the future partnership between the EU and the UK are ongoing. The eighth round of talks is taking place this week in London.

In accordance with the EU negotiating mandate, as Michel Barnier has repeatedly underlined, and as the Commission President, Ursula von der Leyen, stressed yesterday in her statement on the matter, progress on the future partnership is inextricably linked to the full implementation of the withdrawal agreement, a legally-binding international agreement between the EU and the UK, of which the protocol on Ireland and Northern Ireland is a central component.

I am aware of the briefings and comments regarding the UK Government's intentions concerning proposed legislation implementing the provisions of the withdrawal agreement. If those comments represent the considered view of the British Government, then I find them gravely concerning. While we still await publication of the legislation, earlier this week we raised the media reports and briefings on this issue with the UK through diplomatic and official channels to express our concerns, as would be expected. Rather than being reassured, however, my concerns have been exacerbated by the additional comments deliberately made in the House of Commons today, openly committing the UK Government to legislate to break international law regarding the withdrawal agreement. I have asked our ambassador in London to raise this issue directly with the UK Government this afternoon. Michel Barnier is also due to raise the issue with David Frost during their engagement today.

Clearly, any unilateral departure from the terms of the withdrawal agreement would be a matter of considerable concern and a very serious step. Our view is that such a departure could seriously erode and damage political trust, not only in the Brexit negotiations but also within Northern Ireland at a time of real sensitivity. Northern Ireland does not need this further uncertainty regarding Brexit. The UK has a long and proud tradition of upholding international law and advocating for the primacy of the rule of law. Any departure from this tradition, particularly on an issue as high profile as Brexit, would have serious implications, not least for the UK's international reputation. We and the EU will continue to take a calm and measured approach. Time is short and we are very much focused on trying to get a positive outcome in the future relationship negotiations. Together, we will carefully analyse the detail of the legislation in question once it is published and I remain in close contact, daily, with the EU task force on this critical issue.

It is worth recollecting where we are at this juncture. The withdrawal agreement was agreed by the EU and the UK in October of last year. It was approved by the heads of all EU governments and received the assent of the European Parliament. It was signed and ratified by the UK Government and legislation implementing it was passed by the UK Parliament at the beginning of this year. The withdrawal agreement is a legally-binding international agreement between the EU and the UK and it is not even 12 months old.

From the beginning, Ireland's approach has been guided by the principle of securing a deal that worked for Northern Ireland and the island as a whole. The protocol includes provisions that avoid a hard Border on the island of Ireland, that recognise the Common Travel Area, protect continued North-South co-operation and protect the integrity of the Single Market and Ireland's place in it. It maintains commitments to ensure no diminution of rights, safeguards and equality of opportunity, as set out in the Good Friday Agreement. It maintains the single electricity market and reaffirms the commitment of the EU and the UK to the PEACE PLUS programme.

Let me be very clear. The protocol agreed as part of the withdrawal agreement is designed and empowered to operate in all circumstances, including in the absence of an agreement on the future relationship between the EU and the UK. The protocol represents a fair and balanced outcome for all parties, with compromises on all sides. It is surely not too much to ask that the UK Government will implement it in full respect of its international obligations and have it in place in time for the end of this year, when the transition period ends. I look forward to comments from Deputies.

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