Seanad debates

Wednesday, 23 September 2020

Withdrawal Agreement Between the United Kingdom and the European Union: Motion

 

10:30 am

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

It is okay. Clearly, any unilateral departure from the terms of the withdrawal agreement is not acceptable as such a departure could seriously erode and damage political trust in Northern Ireland, if it has not already. It also seriously damages the trust needed to deliver a successful outcome to the future relationship negotiations. The Commission has clearly stated that violating the terms of the existing withdrawal agreement would put at risk the ability to put a new agreement in place. I was particularly concerned at the UK's suggestions that its unilateral approach is designed to protect the Good Friday Agreement. In fact, the protocol itself was specifically designed by both the UK and the EU together to protect the Good Friday Agreement and the achievements of the peace process since then, including avoiding a hard border on this island.

The negotiation of the protocol was lengthy and detailed and it represents a fair and balanced outcome for all parties, with compromises on all sides. It must be implemented in full and in good faith. Clarity and stability are vital for businesses and people in Northern Ireland right now. This can only be achieved through full implementation of the withdrawal agreement that virtually everybody had accepted until a couple of weeks ago. The Taoiseach put these concerns directly to Prime Minister Johnson on the day that the Bill was published. He also discussed these issues with the chief negotiator, Michel Barnier, and with Commission President von der Leyen. We raised the same points during the extraordinary meeting on the implementation of the withdrawal agreement, which met on Thursday, 10 September. At that meeting, Commission Vice-President Sefcovic urged the British Government to remove the problematic measures from the Bill by the end of this month.

I attended the General Affairs Council in Brussels yesterday where the state of play on Brexit was discussed. I also met bilaterally with both Michel Barnier and Maros Sefcovic. We agreed that our collective focus should continue to be on achieving a successful conclusion to the future relationship negotiations and on continued engagement through the mechanisms provided for under the withdrawal agreement to resolve outstanding issues. I had a range of other meetings and contacts relating to these issues while in Brussels, including with Vice-President Sefcovic, whom Members are aware is the Co-Chair or the EU-UK joint committee, which is specifically responsible for the implementation of the withdrawal agreement and the Northern Ireland protocol, not its renegotiation. We remain in close contact with all of our EU colleagues.

As Members of this House will be aware, we have urged the British Government to step back from its deeply concerning approach and to work now both to repair the trust that has been damaged and to implement the withdrawal agreement and protocol successfully and faithfully. A positive resolution to this issue is in everybody's interests.

It is worth reflecting on where we are at this point in the negotiations. The withdrawal agreement, of which the protocol on Ireland and Northern Ireland is an integral part, 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. 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 for 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 a future relationship between the EU and the UK. Some people seem to misread that point. As I said earlier, the protocol is specifically designed to protect the Good Friday Agreement and the achievements of the peace process since then. The withdrawal agreement affirms in black and white the constitutional status of Northern Ireland as set out in the Good Friday Agreement. This is set out in the very first article of the protocol. The Internal Market Bill, if it were implemented in its current form, would undermine the certainty and stability that is so vital to protecting the Good Friday Agreement. Injecting uncertainly and confusion at this point of the process is not acceptable.

In looking at the current phase or political discussions, it is also important not to lose sight of the bigger picture. The EU and UK have been working closely together over recent years to try to agree a broad and comprehensive future partnership agreement. Eight formal negotiating rounds have now taken place. Unfortunately, nowhere near sufficient progress has been made. Significant gaps still remain on key issues, in particular on the level playing field, governance to ensure that any future agreement will be enforced and disputes can be resolved in an appropriate way, and of course an agreement on fisheries, which we all know is a very difficult thing to achieve. These fundamental issues must be addressed to secure an overall agreement. As set out in the political declaration agreed in October of last year, the EU-UK future relationship must encompass "robust commitments to prevent distortions of trade and unfair competitive advantages." We want to see this commitment followed through on. The next negotiating round will begin next week, on 28 September. Time is short, but we should not forget that it is in everyone's interests for a deal to be reached. Any deal must respect the EU's long-term, core economic interests. Michel Barnier and his team have done enormous work representing the interests of all member states, including Ireland. They have our full support as we enter into this next crucial stage. As the motion states, the full implementation of the protocol is a legal obligation for both the EU and the UK. I would stress that this obligation sits separate from the ongoing negotiations and must be honoured regardless of their outcome.

I also want to take this opportunity to update the House on the Government's readiness work for the end of the transition period. Given the limited progress in these negotiations to date, the Government is now taking forward our readiness work on the basis of two possible scenarios. The first is that of a limited free trade agreement, FTA, with a fisheries agreement and on the basis of a level playing field. The second is a hard Brexit, with the EU and UK trading on WTO terms from 1 January. We continue to support the closest possible future relationship between the EU and the UK. However, it is prudent plan on the basis of these two scenarios to ensure we are ready for the end of the transition period at the end of this year. Regardless of the outcome of the EU-UK negotiations, a number outcomes are already very clear, the most significant of which is that in less than 15 weeks the UK will be outside the EU Single Market and customs union. This means that any business that moves goods from, to or through Great Britain will be subject to a range of customs formalities, sanitary and phytosanitary, SPS, checks and other regulatory requirements that do not apply to such trade today. Failure to engage with and implement these rules will prevent businesses from trading with Great Britain.It could lead to significant delays in moving goods to, from or through Great Britain from 1 January next. I urge Members of the House to take every available opportunity to reinforce to stakeholders, particularly in the business community, the urgency of preparing for the end of the transition period.

To this end, I draw the attention of Members to the Government's updated Brexit readiness action plan published on 9 September last and to the associated Government supports, which are significant. The action plan is being accompanied by a major national communications campaign. It includes a nationwide communications campaign and outreach by a number of Ministers to stakeholders in the weeks ahead. Work is also under way on drafting the 2020 Brexit omnibus Bill, and I expect it to be brought before the Houses later in the autumn. Some Members will remember only too well dealing with the last Brexit omnibus Bill which, effectively, was legislating to ensure we could do all we could domestically to protect Ireland from a no-deal Brexit as the situation was then. It is now about protecting Ireland from a no-trade-deal Brexit.

With 99 days to go until the end of the transition period, it is essential that we redouble our Brexit readiness efforts for the substantial and lasting change that will occur on 1 January next, regardless of the outcome of these negotiations. We are at a crucial juncture in this process and time is growing short. It is in Ireland's interest that we maintain a strong and constructive bilateral relationship with the UK. We want to strengthen this relationship, which is one between neighbours, trading partners and co-guarantors of the Good Friday Agreement. Our bilateral trade with Britain is worth over €1 billion per week and our people-to-people relationships are almost unique. Close co-operation into the future is clearly in the interests of our citizens.

Just as the future shape of the relationship between the UK and the EU will be decided in the coming months, we must continue to develop Ireland's bilateral engagement with the UK outside the EU. We need to develop a new framework for British-Irish engagement for the coming years. We must develop structures for regular meetings at Heads of Government, ministerial and senior official levels. It will be important to enhance the roles of the British-Irish Council and the British-Irish Intergovernmental Conference. Working through these institutions will help to ensure that our interests are protected and advanced. In this regard, the continued effective operation of the common travel area and the safeguarding of reciprocal rights in social protection, education and healthcare will remain a priority on my agenda. Ongoing contact across Government with the UK on our responses to Covid-19 will continue to be essential over the coming months. We are investing in the British-Irish relationship and specifically our presence in the UK. The Government is committed to opening a new consulate in the north of England, a region linked to Ireland by history and our diaspora, and which offers significant commercial opportunities.

I wish to express again the Government's support of this motion and our appreciation for the solidarity shown by this House throughout the Brexit process so far. This unity of purpose has, in no small way, helped us to respond as robustly as we have to the challenges posed by Brexil thus far. For our part, we will continue to inform the House regularly. I am happy to come to the House at any point to answer questions and to be part of ongoing Brexit discussions as matters develop, as they will in the weeks ahead.

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