Thomas Pringle (Donegal, Independent) | Oireachtas source

Here we go on the Brexit omnibus again. With the Covid-19 pandemic, the constant leaks and political controversies, one would be forgiven for forgetting about the next looming Brexit deadline. It feels as if we have been preparing for Brexit for years, because we have, and the tension is building before the end of the transition period on 31 December 2020. We had the campaign period before the vote in the UK in June 2016. We have had the withdrawal agreement process, the protocol on Ireland and the North and the transition period up to the end of this year. This transition period has allowed the UK to remain as part of the Single Market and the customs union of the EU while the negotiations on a future partnership agreement between the UK and the EU have been taking place.

The Bill before us is very comprehensive legislation and has again been prepared under an uncertain round of negotiations, with certain sticking points. We are still none the wiser about certain important issues such as fishing. The Bill comprises 21 Parts and a number of sections that will make provisions for continuing cross-Border life from 2021. It addresses the health service, reimbursement of medical expenses, taxation, student support and issues relating to the Employment Permits Act, to name but a few. I know that Department officials have been working diligently in the background, throughout the Covid-19 pandemic, to prepare this substantial legislation. How much money has Brexit cost us so far? That is a question we need to examine. I refer not just to the potential cost of issues coming down the line but in actual personnel working on issues over the past four years. The pre-legislative scrutiny process included the 11 relevant Ministers and Departments and engaged the necessary committees. These meetings took place throughout October 2020.

I appreciate the Brexit readiness briefings that were provided for Deputies. In the most recent briefing on 3 November, we heard from a number of the key Departments and officials. There was a good deal of emphasis on the communications that have been ongoing with stakeholders, with local radio and media campaigns also. Apparently, there has been a lot of outreach and training and I have no doubt that the impact of Covid-19 has had a detrimental effect on getting out the important messages. Covid has crowded the headlines and head space of the public but it is important that businesses get ready for what is coming down the line.

As I mentioned, the negotiations on a future partnership agreement between the EU and the UK are still ongoing, which means that yet again we are deciding on legislating without knowing the outcome of plans between the EU and the UK. Back in 2019, the first Brexit omnibus Bill was enacted in preparation for a no-deal Brexit. Just three sections of that Bill, Parts 1, 14 and 15, were commenced, while Part 3 was repealed, and others were not commenced because the withdrawal agreement came into effect.

From 1 January 2021, the UK will no longer be in the Single Market. Some of the main issues for the future are that trade on the island must continue freely and that the common travel area is protected and maintained. This Bill was explained as containing a number of safety nets as we await the outcome of the negotiations. The Revenue Commissioners told us that approximately 300 additional staff have been recruited for Brexit and that more will be deployed if needed. The customs system is to be completely IT driven, similar to the systems in France and Germany. I certainly hope it will be better than the IT system used for the leaving certificate. The official from the Department of Agriculture, Food and the Marine stated there would be "enormous challenges" from the beginning of next year and checks and controls in both directions, from the UK to the EU and vice versa. Again, we heard about improved IT systems and recruitment of additional personnel. I get worried when I hear so much emphasis being placed on IT systems.

The UK is now known as a third country and was referred to as a land bridge in briefings. The Department of Transport is one of the other key Departments involved in Brexit readiness. It was concerning to hear that the new cross-Border Interbus service will not be ready on 1 January. What will happen to those of us who live in Border counties and very often travel back and forth to the North by bus or pass through the North en routeto the South? An alternative for the interim was not presented at the briefing. Will one be in place before Brexit takes place?

The Bills digest by the excellent Oireachtas Library & Research Service outlined how Part 13 of the Bill relates to third country bus services. It is proposed that the National Transport Authority would be the competent authority charged with regulating bus services between Ireland and third countries.

It provides for enforcement by the Road Safety Authority, the National Transport Authority and An Garda Síochána, as is the case with existing services and existing regulatory rules. The intention is that Part 13 could provide the backdrop to any future bilateral discussions to be held between the Irish and the UK Governments regarding arrangements to facilitate bus services between the two jurisdictions. I do not believe there should be no arrangement in the meantime.

A number of years ago, we heard about the green card for car insurance. It has now been decided that drivers from the South will not require a green card to drive in the North or the UK but that those from the North driving into the Republic will be required to have one. Why the difference? Why is it not the same for drivers on both sides of the Border?

Apparently there are webinars taking place involving organisations such as the National Standards Authority of Ireland, NSAI, and the Health and Safety Authority, HSA. These webinars will be made available on the relevantpages. It is welcome that officials and Departments are providing information, but this year so many small and medium-sized businesses and many others have had to contend with closures or significant losses due to Covid-19, or both. How has the engagement been with Enterprise Ireland and other bodies since March? How many businesses know that product conformity issues will arise from 1 January 2021 if their products require a CE marking? A CE marking can only be provided by an EU-authorised authority and not bodies that may be issuing the markings now that are currently based in the UK. Many products require CE marking before they can be sold in the. CE marking indicates that a product has been assessed by the manufacturer and deemed to meet EU safety, health and environmental protection requirements. It is required for products manufactured anywhere in the world that are later marketed in the EU.

One area of the final negotiations that I am very concerned about and that has been widely reported as a sticking point is that of fisheries. On 4 November, Mr. Michel Barnier tweeted:

Despite EU efforts to find solutions, very serious divergences remain in Level Playing Field, Governance & Fisheries. These are essential conditions for any economic partnership. [The EU] is prepared for all scenarios.

Soon after, his counterpart on the UK’s negotiation team, Mr. David Frost, tweeted:

We've just finished two weeks of intensive talks with the EU. Progress made, but I agree with [Michel Barnier] that wide divergences remain on some core issues. We continue to work to find solutions that fully respect UK sovereignty.

It seems very Trumpian to be tweeting such updates and about reports coming out of the meetings that are blaming the UK for peddling back on some positions. Is it a case of one step forward and five steps back? There are livelihoods and industries on the line and these delays do nothing but create more stress and uncertainty. I am concerned that Mr. Barnier appears to be saying fishing is used as a negotiating tactic in dealing with us. He wanted to move on this but countries would not let him.

With the apparent slowing of negotiations and possible deadlock on certain issues, I fear that those in Donegal’s fishing industry will be hung out to dry. Bloomberg reported that it is possible that the UK could claim it has won back control of its seas and pave the way for the country's fishing industry to catch more than it does currently. By conceding on fishing and fisheries, it is possible that the EU would make headway on the other sticking points. This would be disastrous for our island and particularly for the fisheries in Donegal.

The UK wants fish quotas to be set using zonal attachment, and reports indicate that this could possibly be agreed, with final decisions on whole stocks left until further down the road. It was reported, however, that an official said:

It doesn’t make sense. There’s no way Barnier would agree to that. We would lose all leverage over future quota share.

What is the position? When will we have clarity?

Zonal attachment relates to where fish are when caught instead of where they spawn. The UK is reportedly negotiating around the zonal attachment method for up to 20 of its priority stocks, and the remainder could be dealt with as legacy catches. European boats catch an estimated €650 million worth of fish in UK waters each year so this is not an insignificant industry to be used as a pawn. It is clear that much of the value of the fish is Irish value. What will be the impact of this?

Another point of note in this Bill is Part 16’s amendment of the Extradition Act 1965. Should this not be a judicial decision? Part 16 sets out that the Government is intending to revert to the European Convention on Extradition, 1957, in cases where the European arrest warrant does not apply. Requests for extradition would be updated so that instead of hard copies going through the Department of Foreign Affairs, they would be transmitted electronically directly to the Department of Justice.

Another area of concern relates to the common travel area and third country citizens who are not citizens of Ireland or the United Kingdom but who live in the North. Their travel will be seriously restricted. Their plight should be examined and they should not be forgotten in our negotiations.

As I mentioned, the transition period ends on 31 December, but the deadline for the treaty to be ratified by the European Parliament is 14 December. Then the legal text needs to be translated into 23 different languages, and it must also go to several committees. As usual, we are left waiting to see what collateral damage will be caused by the UK voting to leave the EU.

The US election result, which saw the Democratic Party’s Joe Biden winning and the loss of Donald Trump, should put us in a stronger negotiating position. Will fishing lose out in that regard, however? President-elect Biden and others have previously said there will not be US-UK trade deals if peace on the island of Ireland is threatened. It is certainly better news for Ireland than if Boris Johnson’s pal Trump had won a second term in the White House. I will support the Bill. I acknowledge the significant body of work of officials here in Ireland.

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