Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

Deputy McDonald raised the legacy matter. As soon as that was announced by the British I spoke to the British Prime Minister, Boris Johnson, to say we were unequivocally opposed to such a proposal and that in our view, an amnesty is not acceptable for anybody who murdered anyone else in Northern Ireland. That applies to members of the British army, any state police or whatever. It also applies where there were victims of IRA atrocities or loyalist paramilitary atrocities. All of these must be accountable to the law and particularly with regard to the victims, who need genuine closure and efforts made to uncover what happened in individual cases. We owe it to victims and the families of victims to think about how we approach this.

There had been an agreed approach and I am against any unilateral approach, as I made clear to the British Government. That is why, at the British-Irish Intergovernmental Conference on 24 June, the Irish and British Governments joined all the parties in Northern Ireland, as Members are aware, in a process of intensive engagement on these matters. That process has engaged fully with victim representatives.

On our side, we work on a continuous basis to implement the Stormont House Agreement framework as a way of assisting wider societal reconciliation to meet the legitimate needs of victims and survivors in Northern Ireland and across the island of Ireland. The Irish Government has always been very forthcoming in this respect and it will continue to be. We do not accept the British Government's proposals for a blanket statute of limitations on Troubles-related killings and attacks. We are with all the other parties in the North. On my recent visit to the North I met representatives from all parties and they confirmed to me their opposition to such an approach. Some parties indicated to me that the process involved in Operation Kenova, for example, is a model that perhaps people should give consideration to in terms of investigation and how to retrieve information. That is up to the parties involved. No party from any political perspective I met was in favour of the view advanced by the British Government.

Deputies Richmond and Haughey raised very important continuing matters concerning the protocol and the European Commission's approach. Outside the Cabinet subcommittee I have met frequently with all the main actors and during my visit to Belfast I met all the political parties on this matter. I met European Commission Vice President Šefčovič prior to him going to Northern Ireland. When he went to Northern Ireland he met all the representatives in the social, economic and political spheres. He very clearly responded then with very far-reaching proposals that went beyond what many people thought the European Union would present in respect of sanitary and phytosanitary, SPS, measures, where we would be looking at an 80% reduction in checks. There would also be a massive reduction in checks for customs and a full solution for medicines. He also said he would be open to discussions.

In Ireland, we have engaged with this entire process in good faith. We have sensitised the European Commission to Northern Ireland issues and we believe the European Commission wants the best solution. As I said at the weekend, it has been a long-standing supporter of the Good Friday Agreement and the peace process. It has supported it with substantial funding over the years and a genuine commitment to have a sustained peace and reconciliation in Northern Ireland. That is its main rationale for the level of detailed engagement subsequent to the agreements that the British Government signed up to.

The British Government signed up to the protocol as a condition of the trade and co-operation agreement. The trade and co-operation agreement would not have been signed off by the European Union without the protocol being signed off in advance. The British Government has knowingly signed up to that. The objective, of course, is to increase and protect jobs in Northern Ireland through access to the European Single Market. A unique solution was developed to facilitate continuing access to the Single Market for Northern Ireland with simultaneous access to the market in the United Kingdom.

The interaction between European Commission Vice President Šefčovič and the main sectors in Northern Ireland has confirmed that operational issues concerned them most, specifically checks and the operation of the protocol. We have acted in good faith and the European Commission has acted in good faith. A good faith response is required from the United Kingdom Government. It would be irresponsible, unwise and reckless to invoke Article 16 as a response to the proposals from the European Commission. If such an act was taken by the British Government, it would have far-reaching implications for the relationship between the United Kingdom and the European Union. It would also have implications for the relationship between the United Kingdom Government and the Irish Government as such action would not be in accordance with the spirit of partnership that has informed the peace process from the get-go and the creation of the entire architecture that underpins the Good Friday Agreement. That is my very strong view.

We are hearing, as Deputies Richmond and Haughey have outlined, similar vibes and sabre-rattling. I met with the President of the European Commission, Ursula von der Leyen, at COP26 yesterday and with the President of the European Council, Charles Michel, the day before who briefed me and updated me on the discussions between the EU and the UK. They were clear on the implications that would arise if such a decision were to be taken. I spoke with other EU leaders also, including briefly with the British Prime Minister, Boris Johnson, who was very involved in COP26. He is very aware that this issue needs to be resolved. When I said at the weekend that conditions exist for rapidly bring this to a conclusion, which Deputy Haughey raised, I meant that not in an optimistic tone but rather that the conditions do exist. Imposing the European Court of Justice, ECJ, as a response to proposals by Vice-President Šefčovič would be disingenuous and wrong. Anyone who knows about this issue will know that in regard to any issue that arises from the operation of the Single Market, it is accepted that the ECJ must be the governing body in that regard. It is in the interest of the people of Northern Ireland to have access to the Single Market.

At the COP26 summit, President Biden called me over to have a brief conversation with me after one of the sessions. He reiterated to me, in the strongest possible terms, how the Good Friday Agreement matters deeply to him and his administration. He said that he made this unequivocally clear to the British Government. I hope I have brought the Deputies up to date on the current situation. It is a very challenging and serious situation because international agreements have been entered into and signed off on. We must keep the needs of the people of Northern Ireland foremost in our minds as we proceed.

See this speech in context