Dáil debates

Thursday, 12 November 2020

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Second Stage (Resumed)

 

3:15 pm

Photo of Marian HarkinMarian Harkin (Sligo-Leitrim, Independent) | Oireachtas source

Even though he is not here, I thank the Minister for Foreign Affairs for his work on this issue so far. I saw it from a Brussels perspective as a Member of the European Parliament. I saw how sure-footed he was in his work and his negotiations. That was a great comfort and my colleagues in the European Parliament recognised that was happening. I also thank him for his assurances that he would fully co-operate with Members of the Opposition if they wish to propose relevant and well-founded amendments. That is really important because there needs to be a sense that this is a Bill that represents the interests of everybody in the entire country.

The Bill is extremely complex because it straddles so many ministerial responsibilities and deals with so much different legislation, including certain EU directives, regulations and, of course, Irish legislation. However, its coherence comes from the fact that the legislation sets out to protect citizens insofar as it can, and to adhere to the Good Friday Agreement and the Northern Ireland protocol. Hopefully, it also seeks to minimise the bureaucracy and red tape that Brexit will entail. I say "hopefully" because at this stage it is very difficult to assess how the Bill will contribute to minimising red tape and bureaucracy while at the same time protecting the interests of citizens and different sectors. I know the Government also wants to be ready to deal with emerging or unexpected issues that will require a legislative response, which is what makes this legislation so crucial.

I have watched the entire debate and virtually all speakers have emphasised that they hope this omnibus Bill - or most of it - will never see the light of day and I concur with those sentiments. I also fully recognise that if we do not put a safety net in place and do not co-ordinate systems between the Republic and Northern Ireland and the Republic and the UK to the maximum allowable degree, and if we do not deal with the necessary details and difficult circumstances that may arise, we are storing up a tsunami of complex situations and interactions. People will be tearing their hair out, especially those who live and work in Border regions and those who trade across the Border, unless we have the safeguards, the safety nets and the co-ordination systems in place. Even then it will be difficult.

This is not our first run at this. I was not a Member of the Dáil when the previous Bill was introduced, but there seemed to be good co-operation between the parties in the Dáil. As I said, the Minister, Deputy Coveney, promised that this would continue with this Bill. We will get down to the finer details on Committee Stage when I hope we do not encounter too many unexpected minefields. However, if there are any, Committee Stage is the time to deal with potential difficulties as carefully and as expertly as we can.

I will return to some specific issues and questions before I finish. Where do we stand now with the Northern Ireland protocol? Is the UK Government seriously working on addressing its concerns on the protocol, which are real? Is it making any serious attempt to formulate ways to set up arbitration, conciliation and dispute resolution mechanisms? These procedures are all contained in the protocol. Has the UK demonstrated flexibility in this area? Has the EU reciprocated by, for example, actively working to streamline and simplify exit summary declarations for goods moving from Northern Ireland to Great Britain? Has the EU shown sufficient flexibility on the application of state aid rules so that certain supports can be provided to Northern Ireland without distorting the market? From the point of view of North-South interactions in particular, that is a very fine line. We want to see movement and flexibility on both sides. One of the issues this will throw up is whether we can ensure a level playing field when it comes to companies from Northern Ireland tendering for projects in the Republic and vice versa.

My final question on this section relates to the joint committee to be set up to adjudicate on disputes under four different strands. I will not go through them but this joint committee is the most crucial piece of architecture that we need to put in place.

I would like to know where we are in respect of setting up that committee.

I have a few questions on the specifics of the Bill. I see that it proposes the reimbursement of medical expenses for Northern Ireland residents, for unplanned care if they are actually in the EU. However, in regard to the current cross-border health directive, which I was actively involved in when I was a Member of the European Parliament, I am wondering what exactly we are putting in place for patients from the Republic to go to Northern Ireland or the UK to access necessary treatments, where the waiting times are too long, and where the cost will be reimbursed by the HSE. Through the memorandum of understanding, are we putting in place the same, or a similar type scheme? I have heard people say that patients can go to other EU countries. Yes, they can, but for virtually all of them, it is impossible, with the language barrier, the issue around prescriptions etc. Very few people do that. Therefore, I am asking what we are doing in that sphere.

Also, what arrangements are there in place, or does the Minister of State hope to put in place, to deal with issues like rare diseases, where for many Irish people, the UK health system has been a lifeline? Also, will the all-Island approach that we have in place, for example, in the area of paediatric cardiology services, continue? Will cross-border initiatives, such as the Co-operation and Working Together, CAWT, initiative, which is part-financed by the EU Regional Development Fund, continue? Will there continue to be the recognition of professional qualifications between Ireland, the UK and Northern Ireland, in all of the various different circumstances?

Various colleagues have raised the issue of information flow between ourselves and the UK. How will social security co-ordination be impacted by GDPR? As we know, many Irish people have returned from the UK, either to work here or to retire here. What, if any, implications will it have for the information flow between the two countries?

I also want to ask the Minister of State a really important question. What plans, if any, are in place to alleviate the passing of costs of consumer checks and operations from businesses to consumers? Just under half of our total food imports, which amounted to about €7.8 billion in 2018, came from the UK, with exports of foods and beverages from Ireland being valued at around €4.2 billion. To break it down very simply, it is also estimated that the extra cost per kilo on a carcass of beef will be approximately 11 cents and that is with a basic trade deal. Significant work needs to be done and significant supports need to be put in place in order to prevent significant increases in the cost of many items, but particularly in the area of food.

From the perspective of balanced regional development, the Minister of State is aware that all regions and sectors will be impacted, some of them severely, but there is no doubt that Border regions will experience severe dislocation. People cross the Border every day to work and their entire lives are lived on a cross-border basis. Also, there are certain sectors, such as the dairy sector, which are inextricably linked across the Border. I mentioned the cross-border CAWT initiative, but there are many other cross-border initiatives, encompassing everything from health to rural and local transport. These initiatives are a support system for communities and Border regions and citizens will be hardest hit, both financially and socially. This Government has committed to delivering balanced regional development and the Border regions cannot be a casualty of Brexit. They must receive the support and resources necessary to remain economically viable and for their social fabric not to be unravelled.

I was listening to Deputy Ó Cuív and another Member commented on his speech, perhaps it was Deputy Tóibín, where he talked about the "Sean-bhean bhocht". He said that in the white heat of negotiations our interests might not be fully protected. What I say to Deputy Ó Cuív is this: if we were at that table, the Belgians would have to be there; their losses from Brexit will be very significant, and the French would also want to the there. Therefore, it is much better that we negotiate as a Union, because that is what gives us strength and that is what makes the EU what it is. Whether it is negotiating a trade deal, data protection or leads on climate change, it is the fact that we work together that gives us strength. Individual nations on their own cannot have the same influence. Also, we could not have been luckier in getting Michel Barnier as negotiator, who was a commissioner for regional development and helped set up the peace funds in Ireland and who knows Ireland and therefore has context. We could not have been luckier with the negotiator that was appointed. However, I do not view the EU through rose-tinted glasses. I spent 15 years there and I see the reality of how things work. The reason that I hope our interests will be protected, namely, the Good Friday Agreement and the Northern Ireland protocol, is that all institutions of the EU have said that they will be protected. At the end of the day, our interests dovetail with those of the EU, because it cannot be seen that leaving the EU will confer a benefit on member states and those who remain will suffer. Our interests will, therefore, be protected because they are the same as those of the EU.

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