Frances Black (Independent) | Oireachtas source

I welcome the Tánaiste back to the Seanad. I appreciate his continued engagement with the House on Brexit. I have listened closely to each address and participated in each debate we have had on this issue. As a member of the Seanad Special Committee on the Withdrawal of the United Kingdom from the European Union and as someone who is extremely committed to avoiding the return of a hard border on this island, it is a major priority for me both politically and personally. I give credit to the Chairman of the Seanad Special Committee on the Withdrawal of the United Kingdom from the European Union, Senator Richmond, who is doing a great job.

It is to our credit that Brexit has not been seen as a partisan issue. As the negotiations have progressed, the Irish position on the need for a legally-operable backstop has been made crystal clear by the Tánaiste and our diplomatic officials and that has been recognised and supported in these Houses. The need for such an insurance policy to avoid the return of a hard border has been agreed and understood within the Oireachtas but also across 26 other EU capitals. That is not something that is taken for granted. It is the result of years of careful work and preparation.

As the Tánaiste may know, I was in Norway last week, speaking with Members of its parliament's foreign affairs committee about my own legislative work, and they told me about how they had been to visit the Border counties, and had physically walked across the invisible Border. That kind of experience is invaluable in making sure the importance of this issue is understood across Europe, and it takes a lot of time and effort. That work is very much recognised and appreciated.

In preparing for today's debate, I must admit that the situation feels different compared with previous updates and discussions we have had in this House. Thirty days out from a Brexit deadline that has already been postponed once, the sense of fear I have when thinking about the path towards a workable solution is much greater than it has been previously. I cannot even imagine what it is like for people living on the Border. I look to Westminster, and the extremist positions being outlined there, and it is really difficult to comprehend. If a deal or an extension are not agreed before the European Council on 17 October, the prospect of a disastrous no-deal Brexit becomes a reality. It truly is a frightening prospect.

There was discussion in the Dáil this afternoon about the so-called non-paper UK proposals leaked late last night, regarding border posts. They were rightly condemned both by the Government and Opposition parties, and even the British Prime Minister quickly distanced himself from the documents. While nothing else has been forthcoming in the meantime, it is a recognition of how grossly unacceptable the proposals are. The idea that a 20 km zone bookended by border posts could credibly solve the problem is an affront to our hard-won peace, and an insult to all those living on this island. It is particularly troubling that the UK Government, and those negotiating on its behalf, seem to think the issue is with the location of border infrastructure and not the fact that it could be erected in the first place. We must be clear on this: there is absolutely no mandate for the return of a hard border on this island. It would run contrary to the Good Friday Agreement, and it cannot be allowed to happen. That was stated firmly in the Dáil this afternoon, and it should be restated here in the Seanad.

It is also important that we try to consider exactly why proposals like that are being made. Partly, it is due to an inherent disregard for Ireland that has been apparent in Tory politics for decades, but it is also the result of a context that we are soon going to find ourselves in. The proposals on potential border infrastructure or checks taking place at posts removed from the Border are being delivered in part because the UK Government is trying to reconcile three competing goals that seem fundamentally incompatible. It is effectively trying to square a circle and meet three conditions. The first is to leave the European Union in a manner that will satisfy the hard Brexiteers, which seems to mean exiting the customs union and so on. The Prime Minister, Boris Johnson, has been clear about his desire for a clean break from the EU and his actions have reaffirmed that. The second is the stated commitment to avoid a hard border on the island of Ireland, which is an absolute priority for everyone here, as well as the rest of the EU 27. The third is to ensure that the integrity of the EU Single Market is protected, and that there is not a 500 km long gap at what may soon be an external frontier of the European Union.

The insistence on the backstop in the first place is recognition that these goals are so close to being incompatible as to require a legal guarantee. Throughout the negotiations, in effect, an insurance policy has been sought that would secure the latter two goals against the former. The withdrawal agreement has always allowed for technological and other solutions to be presented to satisfy all three demands but they have not been forthcoming. Yesterday's leaks are just another example of that. The absurdity of the Johnson Government's latest proposals, or lack thereof, must be seen in that light. It is not just a matter of competence; they are the result of attempts to square a circle.

What is especially worrying about this situation is that while we can rightly say that it is a problem of British invention, that does not do a single thing to bring about a solution. It is a problem made by the UK, but in the event of a no-deal Brexit, on the morning of 1 November it becomes our problem in a very real manner. There is a cruel irony here, in that we will find ourselves in effectively the same situation as Boris Johnson is in now, but of the three goals mentioned previously - a hard Tory Brexit, no Border and protecting the EU Single Market, the first one already will have happened. The UK will have left and we will be asked how we are going to reconcile the two remaining goals. How are we to secure the external frontier of a 500 million-person strong continent and trading bloc, while also honouring our commitments to ensure no hardening of the Border on this island?This is a question that has yet to be answered. I appreciate the Government's position and that in the final days of a year-long negotiation what is said is bounded by diplomacy but, similarly, I appreciate the growing frustration at the lack of detail on what exactly we will do if the UK crashes out of the EU in a few weeks. We hear that discussions with the European Commission are taking place but we do not have any detail. This is not reassuring to hear as a legislator and it certainly is not reassuring to the thousands of people who are waiting for an answer with regard to their jobs and their daily lives.

I do not say any of this to point fingers. Every time I have spoken on this issue I have noted my respect and appreciation for the leadership shown by the Tánaiste and his officials working on the backstop and getting support for it, but if a deal is not agreed and no backstop is in place we will need an answer very soon to the question on what we do with regard to the Border on the morning of 1 November. What will we do on 30 November, over Christmas and in the months afterwards? It is undeniable that the rise in the potential for a no-deal Brexit significantly increases the possibility that a border poll could be called in the coming years. I understand the sensitive position the Government is in but this is something we have to start talking about openly and without fear. It needs to happen in a manner that includes everyone on this island and demonstrates a generosity of spirit and respect for diversity. The Brexit vote itself should act as a stark reminder on what can happen if people go into something without proper planning. At present, we find ourselves in a catch-22 position. We cannot consider the potential for a border poll without detailed planning but any effort to do that detailed planning is similarly rebuffed. In the absence of detailed plans from the Government these conversations are already happening in every part of the island.

Trinity College, UCD, University College London, Ulster University and Queens University Belfast have launched an academic project on what a border poll could mean in practice. As a member of the Joint Committee on the Implementation of the Good Friday Agreement I have spoken with nationalist and unionist communities in the North who engage with us in good faith. The overwhelming feeling is one of uncertainty. It is about practical questions. If Brexit makes a border poll more likely what will this mean in practice? What would the impact be on people's daily lives? What would be the impact on identity? People are asking these questions. In my view, we need to start working on answers in a manner that is open, inclusive and generous in spirit. It is not inflammatory to recognise this possibility and to want to account for it in a sensitive manner. I have said before that I believe this is something a parliamentary committee could do in an inclusive manner working on a cross-party basis. It could be similar to the work of the Joint Committee on the Implementation of the Good Friday Agreement and seek to engage in good faith with all parties based on the principles of consent and parity of esteem. I am very passionate about this issue. These conversations will happen. While I understand the sensitivity, the Government has a responsibility to be involved. I dearly hope a deal is reached in the next 30 days but if it is not it will be incumbent on the Government to share its plans with the Houses on how previous commitments will be maintained.

Last January, prior to the Brexit deadline in March, the Tánaiste told the House that no matter how good we are at no-deal contingency planning we will not be able to create a situation whereby the status quopersists through a no-deal Brexit. He went on to say that deal or no deal, the Government will insist on finding ways to avoid Border infrastructure on the island. This is a genuine and strongly felt commitment but if a deal is not reached in the coming weeks we urgently need details on how this will be achieved. Everyone in the House will work with the Minister of State and the Department in this regard. I thank the Minister of State for all of the great work she, the Tánaiste and all the officials involved are doing.