Frances Black (Independent) | Oireachtas source

I welcome the Minister of State, Deputy McEntee, to the Chamber. I do not believe that any of us can say we welcome the legislation to the House, despite its obvious importance. We are in a remarkable and unusual situation where there is a high degree of support in the Dáil and the Seanad for a Bill that none of us ever wants to see enacted. We are dealing with emergency legislation that aims to protect, to a certain extent, against the worst effects of a hard Brexit. We are trying to maintain seamless co-operation in case the UK crashes out of the EU without a deal on 29 March. I thank the Minister of State, Deputy McEntee, the Tánaiste and the officials who have worked so hard to produce the Bill before us today. I truly hope it will never be enacted. That is just the way it is. It is a strange time to be debating this Bill, given that all eyes today are on Westminster and how the UK Parliament will vote this evening. We are, as we have been for many months, ultimately waiting to see what the UK will do. We have worked for two years to put a deal on the table that can avoid a hard border in Ireland, but despite the best efforts over the past few days, it is hard to be optimistic about tonight's events.

We are trying to balance the need for a legally-binding backstop with assurances to the UK over its concerns on the length and content of the backstop. The advice from the UK's Attorney General today, and the reaction of many MPs, seem to suggest that it may not be enough. In an almost impossible situation, it seems that constructive ambiguity over the legal character of the backstop may only go so far. The core substance of the insurance policy to prevent a hard border on this island remains the same, and rightly so. It is essential for peace and prosperity.

On whether this Bill will need to be enacted, it also seems possible that if the deal is not agreed tonight, the UK may seek an extension to buy more time. This seems preferable to a devastating no-deal Brexit on 29 March but I am not convinced about what can change with an extension, apart from us repeating this process in two or three months’ time. The Bill is trying to prepare for such a scenario and to maintain seamless co-operation as much as possible. The sad reality is that current arrangements have allowed for this co-operation and the UK is very close to walking away from it.

The Brexiteer extremists who led this process did not care one bit about the North and their efforts in recent months have only reinforced that. It barely registered in the campaign as they fought for an exit from the EU at all costs, and they seem happy to play with peace on this island. It is truly shameful. Brexiteers can pursue their tragic, imperial delusions safe in the knowledge that their investments, their property portfolios and so on will be fine. They may even see a tidy profit. The daily lives of average citizens across the UK and across this island are merely collateral damage. It is a shameful attitude. In that context, the Bill is sadly necessary and outlines efforts to deal with practical, everyday issues such as the provision of electricity, education, healthcare, our harbours and so on. We are trying to maintain the status quo.

I acknowledge the work done by the Tánaiste, the Minister of State, Deputy McEntee, and so many Departments to get this legislation ready. A huge amount of work has gone into producing the Bill and it is not taken for granted. Alongside the diplomatic efforts it has taken a huge amount of time and resources in recent months. Much of it is understandably focused on trade but I am glad that areas like social protection, in section 11, are included. I think of the people relying on State support, worried about how a no-deal Brexit might up-end that, and we need to ensure that they are looked after.We also need to recognise that this Bill is largely a first attempt in an emergency situation and to a certain extent it is the bare minimum. There are much bigger and more fundamental issues that are not covered in this legislation. If the withdrawal agreement is not passed and a no-deal Brexit comes about, we will need to have the more serious conversations to which the Government has referred in recent weeks. We will need to have those conversations in the Oireachtas and in our communities but also with the UK and the EU about how we can avoid a hard border on this island. This is not something the Government can fix by way of primary legislation days before the 29 March deadline. It emphasises that the emergency measures before us today are minimal. If it is a no-deal scenario, and I dearly hope it is not, we will be back in this Chamber very soon debating and trying to work out much more fundamental issues. The UK will be obliged to comply with World Trade Organisation, WTO, rules and Ireland will be obliged to comply with EU and WTO rules. An external frontier of the EU could run across this island, and we are going to be asked how we can protect the integrity of the EU's Single Market. It makes the threat of a hard border very real. I am a member of the Oireachtas Joint Committee on the Implementation of the Good Friday Agreement, and in all our work, at every hearing, at every meeting, in every written submission, it has been made crystal clear just how important it is to avoid a hard border. Members of the Seanad Special Select Committee on the Withdrawal of the United Kingdom from the European Union were in Belfast last week and it was very powerful to listen to people and to hear their anxiety.

I acknowledge this is a goal shared by everyone in this House, and I have continually recognised the hard work that has been done to have that reflected in the backstop. In its work, the Joint Committee on the Implementation of the Good Friday Agreement, hears about this constantly from business representatives, professionals and legal experts. We also hear it from community groups and individuals, and their fear and anxiety are very apparent. People are scared about the economic, political and social impact that a hard Brexit and a hard border could have, and they do not see the plan to avoid it if the current withdrawal agreement is not accepted. Diplomatically, we have been trying to square a circle, and people want to know what plan B is if this does not work. At the moment, we do not have an answer for them, and it is causing huge anxiety.

Professor Colin Harvey of Queen's University, Belfast, gave a fantastic presentation to the Joint Committee on Justice and Equality recently on citizens' fundamental rights. He asked what rights he will have as an Irish citizen in the event of a no-deal Brexit. He produced his Irish passport from his pocket and asked the committee to tell him what that document really means and stands for. It is a good question and one being asked with increasing regularity by Irish citizens in the North. They will remain EU citizens after Brexit, but they will not be able to vote in European elections and as such, will have no formal representation in the EU's democratic structures. These are fundamental issues that remain unsolved, despite the common sense and practical measures proposed in the Bill. I am not laying the blame at the feet of the Government and I recognise the difficult situation we are in but this is not something about which we can be complacent. I appreciate that, for obvious diplomatic reasons, we have been careful in how we discuss what plan B is, choosing instead to emphasise the importance of a legally-binding backstop but we are getting to the point where the Government needs to tell people what plans are being made for the possibility that no agreement is reached. It is not enough to say we are not planning for a hard border. The point may arrive sooner than we would like where we are going to have to ask how. If we work through the implications of the different scenarios, it seems obvious to me that a no-deal Brexit and pressure to enforce a hard border on this island are going to put a border poll on the table. I fully understand the need to be sensitive on this but it is not inflammatory to say that a no-deal Brexit significantly increases the possibility that it could happen at some point in the coming years. I have made this point to the Tánaiste. It is something we have to and need to talk about, in a manner that includes everyone on this island, and demonstrates a generosity of spirit and respect for diversity. We need to be able to speak openly and carefully about what a border poll would mean in practice. If people may be asked to vote on reunification, we need to be able to discuss what that would mean economically, politically, socially, and culturally, for everyone in Ireland. Brexit itself should offer a warning of what can happen when one plunges head first into a referendum without proper discussion, care, consideration and planning beforehand. We need to be willing to have these conversations.That is all I am asking. We have to start having those conversations and not be afraid of them. For today, I offer my full support for the legislation and commend the Government and so many Departments for preparing it. I dearly hope it will never be enacted. All eyes will be on Westminster tonight. It is also clear to me that we may need to come back to this Chamber very soon to work out a plan B well beyond what is contained in the Bill. Those conversations may be more difficult but we need to face them with bravery, honesty and courage.