Dáil debates

Thursday, 21 September 2017

Ceisteanna - Questions - Priority Questions

Brexit Negotiations

3:45 pm

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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2. To ask the Minister for Foreign Affairs and Trade the status of Article 50 negotiations; and if he will make a statement on the matter. [39914/17]

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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I ask the Minister of State to update the House on the status of the Article 50 negotiations which are ongoing. What progress has been made and in what areas? What challenges still present in terms of issues that relate to Ireland?

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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Obviously, we had quite an indepth discussion on this earlier this morning, during which we also heard the personal views of Mr. Guy Verhofstadt, MEP. That said, I will outline the current position. There have been three rounds of negotiations to date, with the most recent round concluding on 31 August. As this is the first phase of negotiations, and in line with the agreed sequencing, the focus has been on the withdrawal issues of citizens’ rights, the financial settlement, other more technical separation issues and the issues unique to Ireland. Both the EU and UK have used these early rounds of negotiations to clarify their respective positions, highlighting the areas of agreement and divergence.

Discussions on several issues have been reasonably constructive to date, with some progress being made in the areas of citizens’ rights and the other separation issues. However, it is clear that difficult and complex issues remain, above all in regard to the financial settlement. It is the area in which the least amount of progress has been made. Although the UK has accepted that it will have financial obligations to honour on its departure, it has not yet advanced a more concrete position on the issue and has argued that its obligations are moral, not legal.

It is imperative that sufficient progress is made on this issue, as well as on all of the other withdrawal issues, in order for the European Council to be able to make a decision regarding the opening of parallel discussions on the framework for future relations. It will be in the second phase that trade and sectoral issues, including the question of transitional arrangements, will be discussed. Given that these issues are of crucial importance to Ireland and our economy, the Government wants to see phase 2 begin as quickly as possible. However, unless the UK demonstrates greater and more constructive engagement on these issues in the next two rounds of negotiations, it is unlikely that the European Council on 19-20 October will be in a position to decide on whether sufficient progress has been achieved in the first phase of the negotiations. The Deputy will be aware that the UK Prime Minister, Theresa May, will give a speech tomorrow. While we can speculate as to what might be in that speech it is not until it has been made that we will be able to work out what implications it will have on the negotiations due to commence next week.

3:55 pm

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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I thank the Minister of State for her reply. There is a focus on Ireland now because it is one of the three areas that forms part of the current negotiations, namely, the financial settlement, citizens' rights and Ireland. The Minister of State has rightly recognised that there has been positive movement on citizens' rights. There may be an announcement tomorrow by Prime Minister May in respect of the financial settlement or the divorce obligations, as they are named by the European Union. If that happens, it is possible that Ireland will fall down the pecking order in terms of priorities because the discussion will then move towards trade and the broader issue of trade between Europe and the United Kingdom. This will present challenges and so we need to get as many concessions now as we possibly can in respect of Ireland.

I welcomed the Commission's paper in respect of Ireland in terms of its reference to protecting the Good Friday Agreement and the unique circumstances for Ireland. Earlier today, we heard Mr. Verhofstadt say that the North should remain in the customs union but that is not the position of the British Government. What we need to hear from the Irish Government is that it fully supports this and that it is a red line issue. Whatever about the European Commission and others, this must be a red line issue such that the Irish Government will ensure it will not sign up to it, and in fact will use its veto, if necessary, to ensure that the North does not withdraw from the customs union and that we get full protections for the Good Friday Agreement.

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As stated by Deputy Cullinane, we do enjoy a high level of support from the task force, headed by Michel Barnier and Mr. Verhofstadt. We are very appreciative of the level of support that the task force and our partners have shown for Ireland's unique concerns. Mr. Barnier, following his meeting with the Minister, Deputy Coveney, on 4 September reiterated that Ireland’s interests are the EU’s interests. The Irish Government has clearly stated that any return to a hard border or physical border for the island of Ireland would be detrimental. The Minister, Deputy Coveney, and officials from the Department of Foreign Affairs and Trade have been working very closely with Mr Barnier and his team to ensure that Ireland’s position is fully reflected in the negotiations. As this process continues and irrespective of what is announced in the statement tomorrow by Prime Minister May, we will continue to engage closely with them in the weeks and months ahead. Our officials are engaged on a daily basis with Mr. Barnier and his task force team. Our aim is to ensure that Ireland's priorities are front and centre in the negotiations. It is clear, following on from the first round of negotiations and the publication of a paper around dialogue between North and South of this island, that the manner in which we are proceeding is working. We will continue to engage in that way.

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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While it is the position of the European Commission and the European Parliament that the North should remain within the customs union, this will be subject to ongoing negotiation with the British Government. What we are trying to work out is what will be the end game. In other words, what will be in the withdrawal agreement. For Ireland, it is a red line that the North remains in the customs union because if it does not then we will be dealing with a border and an EU frontier on the island of Ireland and all talk of open borders and frictionless borders becomes a nonsense. This must be a red line issue for Ireland. Will the Minister of State confirm that this is also a red line issue for the Government?

Sinn Féin has put forward a proposal that the only way to protect the Good Friday Agreement in its entirety is to incorporate it as a protocol into the withdrawal agreement. This means that the Good Friday Agreement would have full legal protection and remain within the European Union and thereby citizens in the North would have access to the European Court of Justice and European Court of Human Rights. We cannot cherry-pick the Good Friday Agreement and so it must, in its entirety, be incorporated as a protocol attached to the withdrawal agreement. Is this also the position of the Irish Government and is it an issue it will press with the Commission?

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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This is a decision that has been made by the British people and a decision that we respect. That said, the Government would prefer if the UK remained within the European Union and that it would remain in the Single Market and the customs union. Following on our meeting earlier in this Chamber it is clear that the most positive outcome would be for Northern Ireland and the UK to have the closest possible relationship to their current relationship, which would include the UK remaining within the customs union and Single Market. We cannot make that decision for the UK. It is a decision it will have to take itself. However, the UK has again stated that it is committed to maintaining the Good Friday Agreement and the peace process. In terms of imaginative solutions, at this moment in time this seems like the most practical solution to make sure that we maintain the peace that, as stated this morning by Mr. Verhofstadt, is so fragile.