Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Financial Timesreported yesterday that the British Government intended to introduce legislation that would have the effect of not only undermining but breaking the withdrawal agreement entered into by the European Union and the Government of the United Kingdom. It was stated then that this was merely sabre-rattling or gamesmanship. Today, however, the Secretary of State for Northern, Brandon Lewis, informed Members of Parliament in the House of Commons that the British Government does intend to introduce legislation tomorrow that will "break international law in a very specific and limited way."

I was astonished when I heard that. I thought that it must have been a typographical error by the newspaper that reported it. I checked it, however, and, alarmingly, those are the words that were used by the Secretary of State for Northern Ireland. We know now that this is not gamesmanship or sabre-rattling. It is, instead, clearly an effort by a rudderless and reckless British Government to try to undermine the European Union regarding agreements reached previously.

What is the policy of the European Union and of the Irish Government in responding to this statement by the British Government? What we cannot do is become appeasers of a government that is blatantly engaging in breaches of international law.

Ruairi Ó Murchú (Louth, Sinn Fein)
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I thank the Ceann Comhairle for selecting this Topical Issue matter. It does not shock me that several Deputies have decided to row in on this issue. Deputy O'Callaghan has already said that we are talking about a breach of "international law in a very specific and limited way". It is an utterly crazy term. Initially, we thought that this was sabre-rattling and the British Government setting out a negotiating stance. However, then we had the news that Jonathan Jones, the head of the British Government's legal team, had resigned in connection with this issue.

We need an answer concerning what the EU is going to do and what the Irish Government is going to do. We are incredibly worried about what the British Government intends to do. This is a British Government that has missed every deadline connected with Brexit. We are also worried, if the British Government is willing to circumvent the Irish protocol and the withdrawal agreement, that we will have difficulties in the future. People in Border areas like Dundalk are very worried about what the future will hold, not just from a business point of view but also from a societal perspective. We do not want to see the resumption of any kind of infrastructure, checks or anything like that on the Border, because that would be utterly unacceptable given the history we have in that area.

John Brady (Wicklow, Sinn Fein)
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The Tánaiste and Minister for Business, Enterprise and Innovation, Deputy Varadkar, yesterday described what was emerging about the British Government's approach as "sabre-rattling". Today, however, we heard that the Secretary of State for Northern Ireland, Brandon Lewis, has confirmed the intention of the British Government to introduce domestic legislation that would clearly breach international law and he stated that fact himself. That has major potential to impact on the Irish protocol.

Attempts by the EU's negotiators, over many months, to find compromises have not been reciprocated by the British Government. Indeed, the British Prime Minister, Boris Johnson, stated that he believes a no-deal Brexit would be a good outcome. That would certainly not be the case on this island.

We need to reiterate that a no-deal Brexit will not be a good outcome for this island and that the Irish protocol is not up for renegotiation and cannot be undermined. Will the Minister for Foreign Affairs and Trade, Deputy Coveney, assure this House that the Government has the capacity to add steel to the resolve of the EU as it confronts the egregious attempts by the Tory Bullingdon club to place itself beyond the pale of the international system?

Simon Coveney (Cork South Central, Fine Gael)
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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.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Minister is correct to be gravely concerned. It is astonishing that a Minister of any government, in any part of the world, would attend before the parliament of that country and state that it is the intention of that government to break the law. What we need to learn, however, is that if we appease lawlessness we will end up only encouraging the lawbreaker.

It is absolutely imperative that the EU is straight in dealing with this issue. We should not tolerate any attempts by the British Government to break the law. The provisions in Article 12 of the protocol set out what should happen for the purpose of implementation and what arises when there is a breach. However, everyone involved in drafting and executing that agreement presumed that there would be no breaches prior to the conclusion of the trade deal between the EU and the UK. If it is the case that the UK Government goes ahead and publishes legislation that breaks international law, we should break off the talks and the Minister should tell the EU that we should do that. As I said previously, appeasing lawlessness only encourages the law-breaker.

Ruairi Ó Murchú (Louth, Sinn Fein)
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It is absolutely unacceptable for the British Government to bandy about the idea that it is okay to breach international law. It is like playing poker with a guy who never keeps to the rules. It is an impossible and unacceptable position. It is almost a throwback to previous imperial times when British Governments did deals and reneged on them. Considering where we have come from, this situation is utterly unacceptable.

I welcome what the Minister said. There is mitigation involved in the withdrawal agreement and Northern Ireland-Ireland protocol relating to the Single Market and customs. Those measures apply to businesses but this is also about the island we inhabit and cross-Border operations. We need any transition to be as seamless as possible. We do not want any impact on people's lives and it must be pointed out to the EU that the UK position is absolutely unacceptable. The Irish Government must remain firm that we cannot accept this position in any way, shape or form. As has been said by many people, a circumvention of the Irish protocol and all that can come from that without the necessary protections in place, will be utterly unacceptable to the people. There must be no impositions, including Border checks and infrastructure.

John Brady (Wicklow, Sinn Fein)
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I welcome some of the moves that the Government has made to get answers in response to what has unfolded over the past day or so. The Government is using diplomatic channels and going through the ambassador in London. That said, I was alarmed not to hear in the Minister's contribution that the Taoiseach has lifted the phone to talk to No. 10 Downing Street. I find it alarming that we are, essentially, sitting back and allowing this island to be used as some sort of political pawn in the game that Boris Johnson and the Tories are playing with the EU. It is astonishing. Why has the Taoiseach not lifted the phone to Boris Johnson to voice our serious concerns and objections to this attempt to rip up an internationally binding treaty? I appeal to the Minister to use his position to ask the Taoiseach to pick up the phone to Boris Johnson.

Has the phone been lifted to chief EU negotiator, Michel Barnier? Has a conversation been held at that level? If it has been, the Minister might give some details on it.

Simon Coveney (Cork South Central, Fine Gael)
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I reassure Deputies that there will be no appeasing of this approach. There will be no condoning a strategy that proposes to breach international law and undermine an agreement that the EU and UK signed together less than a year ago. That is why I, the Taoiseach, and others from various different political parties in this House, both in government and in opposition, have been saying similar things and expressing frustration and, quite frankly, surprise at the approach that it seems the British Government is proposing to adopt.

From my experience of Brexit negotiations, Ireland is empowered to influence final outcomes in its own interests by working as closely as possible with the EU task force. We speak to the task force on a daily basis and I regularly speak to Michel Barnier. On this issue, like so many others, I hope that we will have a significant input as to how the EU responds. We will be able to make a more informed choice as to how the collective EU, including Ireland, should respond to the course of action taken by the British Government when we see the legislation tomorrow.

Focus should not be taken away from the real prize, which is to get a deal that avoids tariffs and quotas being implemented on trade between Ireland, the UK and the EU next year. Despite the unwelcome distraction that this new problematic and illegal approach being taken by the British Government represents, we must focus on how to get an agreement between the EU and the UK that protects Ireland, both North and South, and ensure that, in January next year, we can continue to trade with our closest neighbour and friend in a way that minimises disruption and cost for businesses. Those are the issues on which Michel Barnier and I will focus. Despite the fact that the position that the UK has taken makes it more difficult to proceed on that basis, we need to remain calm, resolute and focused on the prize at hand in the coming weeks and months, although that will not be easily achieved.