Charles Flanagan (Laois, Fine Gael)
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I welcome the ongoing engagement of the Seanad with matters relating to Northern Ireland, which is a key priority for all of us in both Houses, and I look forward to listening to the contributions of Senators. As they will appreciate, this is a critical time for Northern Ireland, which is again in election mode less than a year after the previous election. In the weeks before the election was called I was in close contact with the Secretary of State, James Brokenshire, and the leaders of the political parties in Northern Ireland. I travelled to Belfast on a number of occasions to meet in person with the Secretary of State and the then First Minister and deputy First Minister. Both Governments pursued all appropriate avenues to encourage the Executive parties to find a way beyond their difficulties. However, an agreement could not be found and the Secretary of State, as required under statute when the joint office of First and deputy First Minister cannot be filled, called an election, which is scheduled to take place on 2 March next.

The circumstances that contributed to the breakdown in trust between the two parties in the Executive gave rise to a good deal of public acrimony and risk a divisive election campaign. As the campaign gets under way, I have urged the parties to remain measured and respectful in their electoral rhetoric so that the political institutions are not damaged in the longer term. The people of Northern Ireland expect nothing less than an effective Assembly and Executive at Stormont underpinned by a genuine spirit of partnership. In my discussions with party leaders, I have strongly emphasised the imperative of the swift resumption of the power-sharing institutions after the election period. In support of this, I will remain closely engaged with the political parties and the British Government in the weeks ahead.

In the time leading up to the dissolution of the Assembly, the question of compliance with the terms of the Good Friday Agreement was a key focus of debate and discourse. The interlocking political institutions of the Good Friday Agreement are at the heart of the Agreement and are the delivery vehicle for many of its commitments. Within this framework, the devolved power-sharing institutions are vital, both for effective government in Northern Ireland and the overall functioning of the Agreement. For instance, without the devolved institutions, the North-South Ministerial Council cannot operate and North-South co-operation on a wide range of matters is somewhat compromised. This has tangible and serious impacts on all people across this island of Ireland. It is, therefore, of vital importance that the institutions of the Agreement return quickly to full operation after the election. In this regard, the relevant legislation provides a narrow window of three weeks from the date of election to when a new First Minister and deputy First Minister must be nominated.

If the institutions are the heart of the Good Friday Agreement, then the principles of the Agreement are its lifeblood and are vital to the success and sustainability of any power-sharing administration in Northern Ireland. Those principles were articulated in the Agreement and are worth recalling today: "full respect for, and equality of civil, political, social and cultural rights, of freedom from discrimination for all citizens, and of parity of esteem and of just and equal treatment for the identity, ethos, and aspirations of both communities." These principles constitute the essential template for political and civic relations on this island and between Ireland and the United Kingdom. There has been discussion about deficits and shortcomings in upholding these principles and the need for parties that comprise the Executive to fully live up to the commitments made in the Good Friday and successor agreements. I fully understand the rightful insistence on the principles of equality and parity of esteem being respected at all time. I also understand the frustration in the Nationalist community when these principles are disrespected. It is a great pity that the spirit of friendship that Martin McGuinness sought to espouse as deputy First Minister was not at all times reciprocated in equal measure. While acknowledging the deficits, we also need to find solutions. I hope, therefore, that in the weeks ahead specific proposals to address the deficits in this respect agenda will be brought forward for consideration and discussion.

As typically occurs at moments of challenge in Northern Ireland, there have in recent days been calls on the two Governments to discharge their obligations under the peace process. I assure the House that neither I nor the Government needs any encouragement to fulfil our responsibilities as a co-guarantor of the Good Friday Agreement. That serious and solemn responsibility is hard-wired into the performance of my duties as Minister for Foreign Affairs and Trade. The Taoiseach and I have been steadfast in acting to pursue the full implementation of the Good Friday Agreement. I may touch on this in more detail in my closing remarks.

Looking beyond the Assembly election, Northern Ireland will still have to manage the challenges of the United Kingdom's decision to leave the European Union. The Government will be fully supportive in this regard. In the upcoming negotiations, protecting the gains of the peace process and upholding the Good Friday Agreement is one of the four major priorities on the part of the Government. We are continuing our comprehensive preparations for these negotiations, including through the all-island civic dialogue. The Taoiseach and I will co-host a second plenary meeting of the dialogue on 17 February and a series of sectoral consultations are under way. On 13 February, I will convene a sectoral consultation on human rights under the Good Friday Agreement to look at how these are fully upheld and sustained following the withdrawal of the United Kingdom from the European Union. All-island consultation through the dialogue and engagement with the Northern Ireland Executive through the North-South Ministerial Council are essential in addressing the challenges of withdrawal of the UK from the EU. In this regard, the Northern Ireland Executive is primarily responsible for politically representing the interests of Northern Ireland and it is very important that this direct representation can quickly resume following the elections to the Assembly on 2 March next.

The risks posed by Brexit are not the only considerations facing Northern Ireland but they are an example of why fully functioning and effective political institutions are needed. Northern Ireland requires these institutions to protect what has been built and secure a peaceful and prosperous future for all its citizens. In the coming days, the Taoiseach will welcome the British Prime Minister to Dublin. At the top of their agenda will be the welfare of Northern Ireland and its people and the related need to protect the interests of the island of Ireland in the forthcoming Brexit negotiations. None of their discussions will be easy but I can assure the House that no two issues are receiving as much priority attention in government. Our commitment, as a co-guarantor of the Good Friday Agreement, is a constant one, in good times and, as now, when they are more challenging.

I expressly acknowledge the commitment of all parties in this House to the Agreement. That spirit of co-operation, from those of all parties and none, has been an enormous support to successive Governments over the past three decades in achieving and sustaining peace and stability on our island. I look forward to hearing the perspective and analysis of Members.

Robbie Gallagher (Fianna Fail)
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Cuirim fáilte roimh an Aire go dtí an Teach. I extend my best wishes to the former deputy First Minister, Martin McGuinness. I acknowledge Mr. McGuinness's contribution to the peace process and his commitment to the institutions when they were established. I will not claim he and I have sung from the same hymn sheet at all times, as that was certainly not the case, but it would be remiss of me not to acknowledge the major contribution he made. I extend my best wishes to him as he fights his current illness and wish him and his family many years of good health and happiness.It would also be remiss of me to fail to mention his replacement, Michelle O'Neill, a good Tyrone lady. I wish her well in her position.

One must note that the timing of the Executive collapse could probably not have been worse. We are facing into Brexit with all the unknowns and uncertainties that brings. If we ever needed an Executive to be up and running and singing from the same hymn sheet, it is now. Unfortunately, that is not the case and we are going to be in a state of limbo for quite some time until the elections are concluded. Hopefully, an Executive will be formed sooner rather than later. We are all aware of why the Executive failed. Ms Foster should take note of the situation we now find ourselves in. If she had taken the advice that was given to her in good faith by all concerned, she would have stood aside until a proper investigation had been conducted into the renewable heat scheme. Perhaps we would not then be in the abyss we are today.

The election will come and go and we will find ourselves back in the same position again. There will then be an onus on all parties, particularly the two major parties which have left the Assembly and which will no doubt come back in the same proportions, to redouble efforts to ensure the institutions in Northern Ireland and the Good Friday Agreement are properly worked on and are a success. There is also an onus on the Irish and British Governments to ensure that the institutions in Northern Ireland are nourished and continue to run in a successful manner. I find sometimes that the Dublin media in particular ignores Northern Ireland, except when there is a crisis such as the current one. All of a sudden, there is a clatter to discuss and expose Northern Ireland at that point in time. There is an onus on all of us to work to ensure that we nurture and protect the peace process on which a lot of people have worked very hard and even lost their lives to get to for the benefit of the entire island.

That leads us to Brexit. There is no part of this island that will be more affected by Brexit than the North of the country. Coming as I do from a Border county, I note the genuine fear among people of what the future will look like. It appears the London Government has very little sympathy for the plight of the citizens of Northern Ireland and, perhaps, the citizens of Northern Ireland should take note of that. Until such time as the Executive in Northern Ireland is up and running again, we are in a bit of an abyss.

I express the sincere hope that the election will not be too bitter and that all parties will stand back if it starts to develop into a slanging match. That is a temptation, but hopefully it will not happen and the elections will conclude and an Executive formed as a matter of urgency. That will allow us to get down to the real business of addressing the massive obstacle before us of Brexit. I hope we can all work together on this island to ensure that we get the best possible deal from Brexit.

Frank Feighan (Fine Gael)
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I thank the Minister for coming to the House to explain the work he has done. I was in Belfast last Sunday and Monday. It was only on Sunday night that we saw the cowardly shooting of a PSNI officer which brought back the reality of a breakdown in trust and peace. All parties have worked and are working extremely hard to ensure that we never go back to the awful times we saw in the last 30 years in Northern Ireland, on the island generally and, indeed, around these islands. We had a meeting of committee "A" of the British-Irish Parliamentary Assembly to consider a great many submissions on the impact of Brexit on the island of Ireland, Northern Ireland and the United Kingdom. Some very stark submissions were made and, as someone said, we must muddle through. In effect, that is what we are doing. We are muddling through.

It was very sad to see the breakdown among the political parties in Stormont. Trust was breached and things were said which should not have been. I thank the Minister for going to meet with Mr. James Brokenshire and the leaders of the political parties to try to mend the fences. Unfortunately, that did not happen and an election has been called for 2 March. Like other speakers, I hope we continue in the vein of heretofore and that the election is not divisive. I hope the power-sharing institutions are not damaged. I believe they will not be and that after the election, the function of government in Northern Ireland will continue to deliver on the commitments made in the Good Friday Agreement. I thank the retiring deputy First Minister, Mr. Martin McGuinness, for the work he has done. He has been a great inspiration having come from very difficult times. He has been a leader and I wish him every success and thank him for the work he has done over the last ten to 20 years. I also wish Michelle O'Neill every success in her work as leader of Sinn Féin. Indeed, I also wish every success to the other parties including the SDLP, UUP, DUP, etc.

Human rights must be fully upheld under the Good Friday Agreement. With Britain exiting the EU, we have to uphold European law on human rights. The UK Supreme Court judgment yesterday puts a lot of things in play. From my discussions with many MPs, I am aware that many in the House of Commons were against Britain leaving the EU. The people of the United Kingdom failed to take into consideration the impact Brexit would have on the Good Friday Agreement, on Northern Ireland generally and on Scotland, as well as on the island of Ireland. We now have a case to say that the institutions of the Good Friday Agreement may well be undermined by an agreement of the United Kingdom to leave Europe. We must articulate our views to MPs and Members of the House of Lords that, whatever happens in the next two or three months when there is a vote on Article 50, they must now look at the Good Friday Agreement and its institutions and avoid undermining all of their great aspects. The welfare of the people of Northern Ireland and the interests of Ireland must be taken into account.

I thank the Minister once again for the work he has done, a great deal of it behind the scenes. We are committed members of the European Union, albeit we will be at a certain disadvantage in some ways. However, I know the Minister will ensure that the interests, first of the Republic of Ireland, but also of the island of Ireland, are considered and maintained. Once again, I note that the structures and implementation of the Good Friday Agreement must be maintained and enhanced. I wish the Minister well in that regard.

Frances Black (Independent)
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I thank the Minister for coming here today. He has a very big challenge ahead. I would like to take this opportunity to pay tribute to Martin McGuinness, who as we all know was instrumental in the peace process. We all know that he has worked tirelessly to connect with people to whom he has been diametrically opposed politically, most notably the late Rev. Ian Paisley. We may not see his kind in office again, and I hope he makes a full recovery. I also want to send best wishes to his successor, Michelle O'Neill, and all of the democratic leaders in the North.

The forthcoming elections in the North are taking place in an atmosphere of crisis. It does not seem likely that a new power sharing executive will be formed easily unless there can be a fresh start, renewing the commitments made in 1998 and 2007. While we await the people's verdict in the North, we all know what is occurring. There are also the consequences of the referendum held in the UK last June.

It is not just about that. We can all agree that the cash for ash scandal needs to be addressed, respecting principles of good and clean government. The costs to the people of the North must not be forgotten, as they look at the prospects of the drying up of the EU funding of agriculture and numerous other important functions, including cross-Border and peace programmes, which are areas that I am specifically interested in as I have worked in the community in the North on many different occasions.Ever since the signing of the Good Friday Agreement it has been obvious that there has been resistance by the DUP to the equality agenda. In addition the DUP has been reluctant to engage in all-Ireland bodies or to treat nationalists as equals within the Executive. Sadly, its reluctance to embrace equality goes further as shown by the party's strong opposition to same-sex marriage. Given that the Irish Government is co-guarantor of the Good Friday Agreement and has equal status with the British Government, will the Minister urge his British counterpart to put pressure on the DUP to fulfil all its current and future obligations?

Theresa May seems on course for a hard Brexit. All considered opinion suggests this will have a significant effect on the island of Ireland because the Border between North and South will be the only land border between the UK and the EU. The reimposition of a hard land border will have implications both for trade and security. Britain's departure from the customs union suggests that there may have to be some physical barrier to the transport of goods between both jurisdictions on this island.

The fact that the Brexit campaign was strongly focused on the issue of immigration also suggests that freedom of movement between the EU and the UK may be at risk, thus affecting North-South travel. Recent submissions to the parliamentary Northern Ireland affairs committee highlight the impact on people's lives that Brexit will have. The head of the Northern Ireland arm of Dairy UK has warned of the damage ahead. No longer being part of EU trade deals will see dairy exports to major markets such as Malaysia and Thailand face at least double tariff rates, which "would kill that business". On the possibility of a hard border with a customs barrier, and with immigration officials behind it, he stated:

This is a major issue for the dairy industry. We are very dependent on what we call an all-island value chain. If we have any interruption in the current practices it is going to effect the longer term viability of the industry.

Now that the ideal outcome of a soft Brexit for the whole of the UK seems unlikely, what plans have been put in place to establish a separate strand in the negotiations focusing on the specific concerns which arise for the island? Will the Minister be asking our EU partners to ensure that the Good Friday Agreement is fully protected? Will that request include special status for the North to enable it to stay within the Single Market and the customs union, and to place the practical border between Ireland and Great Britain in the Irish Sea at ports and at airports? That seems the best way to keep the borderless island we were promised by the outworkings of the Good Friday Agreement and which we have enjoyed for over a decade. The status of the North was supposedly enshrined in the Good Friday Agreement through an act of Irish self-determination North and South. The modification of Articles 2 and 3 of our Constitution was based on the understanding that a majority in both jurisdictions had to vote in favour of any change of the status of the island.

Would the Minister agree that, as currently envisaged, Brexit contravenes these agreements both in word and in spirit? Has the Minister given any consideration to the possibility of the North and Scotland remaining in the EU and also in the UK, reflecting the wishes of their respective peoples? Professor Brendan O'Leary has argued that possibility in what would seem to be a rational democratic compromise as both areas voted to remain in the EU. The case of Northern Ireland is different from that of Scotland because of the Good Friday Agreement and the treaty. However, we must have regard both to the current and future interests of Scotland whether or not its parliament and people choose to stay in the UK.

In any case, the position advanced by Professor O'Leary and others emphasises the need for Ireland to have a well thought out and coherent strategy before the negotiations begin. It is the view of most of those I meet in my new role North and South that defending the Good Friday Agreement and the 1999 British-Irish treaty should be the firm red line of the Irish Government both with the UK and our EU partners.

The Good Friday agreement and the treaty signed by two EU member states assumed a borderless Ireland and created a North-South Ministerial Council tasked with addressing relevant EU matters. It is vital that no physical land border should be reintroduced, in addition to having no customs posts, immigration officers, police, military portakabins or watchtowers. This should be a red line for us and Michel Barnier should be so advised.

The ideal scenario would be for the North to stay fully in the EU or, failing that, to keep the North's existing European status as much as possible, for example, within the Single Market and the customs union. This option would exclude Northern Ireland from full UK exit, but would do so precisely because of the UK's previous commitments to a borderless Ireland. It would express the preferences of the North's voters.

I understand the Minister's concerns, including protecting the economic interests of our citizens and its resident businesses. However, these interests have much less traction with Ireland's allies in the rest of the EU because they are our competitors in these matters. Focusing on the Good Friday Agreement therefore makes moral, political and strategic sense. It is simply the best way to deal with all the prospective difficulties. We should also do our best to protect Scotland's current and future interests.

On Tuesday, the Supreme Court in London decided that the Northern Ireland Assembly need not be consulted as a matter of domestic UK law over the UK Government's decision to trigger Article 50 of the Treaty on European Union. This unfortunate and controversial decision is at odds with many Irish people's understanding of what was agreed in 1998, namely, that all of the institutional relations within the North, between North and South, east and west, and between these islands and our European partners, were one complex unity and that any constitutional change required the consent of the people of Ireland North and South.

I am asking the Minister to explain what he intends to do to ensure that the Good Friday Agreement is protected in its integrity, to ensure that the wishes of the majority in the North are upheld, and that the status of all-island relations are treated distinctly as a separate strand in the Article 50 negotiations.

Neale Richmond (Fine Gael)
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I am delighted to welcome the Minister to the House and I thank him for his remarks. I wish everyone well in the coming weeks and months as they go electioneering in Northern Ireland. I know that a number of Members of this House will be going up to campaign and canvass for various candidates and parties. We are all professional politicians and know the strains and stresses of elections, be they local or national, including the hazards of climbing ladders to put up posters, as well as dogs biting and chasing candidates. I appreciate that it will be a difficult and stressful time but I sincerely wish the best of luck to everyone who enters into the spirit of true democracy.

Everyone acknowledges it is unfortunate that we are having an election and that the Assembly did not run to its full term. It is a good thing, however, that we are having a peaceful election. We should take care with our own rhetoric in this House and avoid point-scoring or attacking those who cannot answer back. Let us rather enter into the spirit of the debate. We should let the parties and individuals contesting the elections in the North have it out. Hopefully, they will resolve the issue so that we can get a fully functioning Executive after the election in March. Northern Ireland faces many great challenges at the moment, including Brexit. I am sincerely disappointed that Prime Minister May will not take the opportunity in her forthcoming visit to address either House of the Oireachtas. I trust that the Government is going into talks with the other 26 member states ahead of Article 50 being invoked and the Brexit negotiations to put the best case for the island of Ireland.

Other things need to sorted concerning scandals and the sheer stability of Northern Ireland. I fear that we take that stability for granted. We currently take a lot of things for granted, which was apparent in the referendum. People took so many of the benefits of EU membership for granted, that they simply forgot how far things have come since Ireland and the UK joined in the 1970s. An emerging generation is taking for granted the peace and stability we have in the North, which required great sacrifices from every side.

The shooting incident in the North earlier this week brought home how closely we could slip back into the dark days of the 1980s and 1990s. My grandfather would be rolling in his grave to hear me say this, but I too want to add my best wishes to Martin McGuinness. If it is good enough for Ian Paisley junior to say so, there is no way that I can stand in the way. He must be commended for what he has done and the sacrifices he has made. There are many people on both sides of the community in Northern Ireland who have made great sacrifices, as has the average Irish man and woman on both sides of the Border. Let us take that spirit of optimism and realism into the next few weeks.I have full faith in our Government and perhaps the British Government to act as guarantors and allow these elections to take place in the appropriate environment so that we get a resolution that will allow continued peace and stability on both sides of the Border and will allow Northern Ireland and the Republic to face the unique challenges of the coming years.

Paul Coghlan (Fine Gael)
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Senator Aodhán Ó Ríordáin has eight minutes.

Aodhán Ó Ríordáin (Labour)
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I welcome the Minister to the House. I join with others in expressing my thanks to the former deputy First Minister, Martin McGuinness, for the journey he has taken, his commitment and work in the past number of years. I wish Michelle O'Neill MLA the very best in her new role. I disagree with Senator Neale Richmond in his belief that the British Government will act in good faith in terms of its responsibilities as co-guarantors to the Good Friday Agreement.

I watch the debate and I am outraged by the complete and utter indifference of the British Government and the Brexit campaigners to their responsibilities on this island. They are a massive part of the problem that existed on this island for a very long time. Now it appears that we are almost completely indifferent to their negotiations and their thought process. It was very decent of Prime Minister Theresa May to place us at No. 4 on her list of 12 items of concern. It is possible the Minister had some role in that and is to be congratulated for that. If it was to be seen in the cold light of day as to where we stand in her thought process, she had an historic opportunity to come to the Houses of the Oireachtas to speak in the Dáil and to put on record her commitment and that of the British Government to their responsibilities on this island. She decided not to do that.

I have a deep-felt distaste for hardline nationalism. It bores me to tears. I am not necessarily looking forward to the debates in the North when the electioneering begins because I find hardline nationalism on either side particularly tedious. There are other issues in Northern Ireland to discuss. I was very taken by a speech by Colum Eastwood MLA on the child poverty rate in west Belfast and the numbers of adults in west Belfast who had no formal qualifications.

Other speakers have mentioned marriage equality and other social issues that rarely get an airing. I was at a meeting in Belfast before Christmas on the issue of drugs. There are serious social issues, such as equality that need to be addressed. The hardline nationalistic stances of either side of the debate are the views that come to the fore. It is the hardline nationalist instinct in the United Kingdom which is now at the centre of the debate on Brexit. It is the campaigning zeal of those who are in favour of Brexit that has led to Britain walking off from its historic responsibilities in Europe as a whole and has led it to walk off the stage in terms of its responsibilities here.

We have had 20 years - perhaps longer - of couching everything we have said about the United Kingdom and our relationship with Britain in friendly terminology. It has been important to do that. It was important and responsible that Irish Governments and people representing the State would not say anything that would inflame tensions or make things worse, particularly when lives are at risk. However, there comes a stage when one has to call a spade a spade. When the Prime Minister in No. 10 Downing Street is pandering to the worst excesses of British nationalism, I think we must call it out. The new Prime Minister of the United Kingdom had a fantastic opportunity to come to these Houses and speak to the Members about the Good Friday Agreement, her commitment to it and about the fact that Brexit will not impact necessarily on peace in this island, but she is reportedly refusing to do so.

May I suggest that it is important for the Minister for Foreign Affairs and Trade, as a representative of the Government, to speak in frank terms about our dismay that Ireland and Northern Ireland are not on the real priority list for Prime Minister May and her Government and also when overseeing and commenting on the events in Northern Ireland in the coming period that it is the social issues, equality, empowerment and the issues beyond those of orange and green that will come to the fore.

It is time for the niceties of language and the pretence of friendship to be put to one side for a certain degree because if one cannot speak frankly to people who are walking away from their historic responsibilities, then we are doing the people of Ireland and Northern Ireland a disservice. This is not about a flag waving blame game. I am the last person in the world to stand with a Tricolour flying in somebody's face trying to score a nationalistic point off them. That is not me. It worries me to the bone that such a powerful country with such historic responsibilities for a place in which it has had a significant impact over centuries, does not give thought to and does not take the opportunity it had to settle the nerves I have about its intentions.

I would like the Minister to respond to my remarks. I understand that he has the responsibility for this Ministry. His words carry weight. I think that is very important. It is important that Members in this House speak frankly about the direction that Prime Minister May and her Government are taking in respect of Northern Ireland the entire island of Ireland.

Paul Coghlan (Fine Gael)
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The grouping to which Senator Craughwell belongs missed its place on the rota, but I have the pleasure of calling him now. Senator Craughwell has eight minutes.

Gerard Craughwell (Independent)
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Go raibh míle maith agat. I was at the presentation at the Joint Committee on the Implementation of the Good Friday Agreement. I am trying to keep a lot of balls in the air today.

I welcome the Minister to the House. At the outset I congratulate the Minister on the work he is doing on Brexit. After that I will start to take things apart.

Let me put it in context. There is a great deal of talk about nationalism in Northern Ireland. It is no secret that I spent five years of my life in the British army, in the Royal Irish Rangers. It is also no secret that Sinn Féin voted for me to have me elected to this House. I have no axe to grind with Sinn Féin and I never had. I would not have seen eye to eye with the IRA down through the years.

One of the things that has frightened me considerably is a rise in polarisation in the North. For the first time, in as far as I can remember, I was attacked recently on social media by a member of the Unionist community, telling me to keep my "effing" nose out of northern affairs. I was so delighted when I saw some of my Unionist pals kick in and say: "Hey, back off. This man has no interest in trying to colonise or take over the North of Ireland." I have no doubt that the North and the South will be unified at some stage, but I am not advocating for it as a result of Brexit. I want to have due regard to our friends and colleagues who are of the Unionist tradition who want to remain in Britain. Nonetheless they signed up to the Good Friday Agreement and they are as much a part of the Good Friday Agreement as we are and as our Catholic friends, or at least they should be. I know that certain things in the recent past would call that into question. Like most Members who have spoken here today have mentioned, the former deputy First Minister, Martin McGuinness, has played the greatest role as the leader of the Nationalist group in Northern Ireland. I have the greatest admiration for the man. I think he did a good job.

This brings me to an issue I raised on the Order of Business, where I requested the Minister for Foreign Affairs and Trade to address the issue following the Supreme Court ruling. I was told the Minister would be in the House today so I did not press the issue.The Supreme Court was asked to consider the question of whether any provision of the Northern Ireland Act, read together with the Belfast agreement and the British-Irish agreement, meant that primary legislation was required before notice of triggering Article 50 could be given. The Supreme Court, in paragraph 131 of its judgment, found:

[It] is unquestionably right, however, to claim that the NI Act conferred rights on the citizens of Northern Ireland. Sections 6(2)(d) and 24(1), in imposing the EU constraints, have endowed the people of Northern Ireland with the right to challenge actions of the Executive or the Assembly on the basis that they are in breach of EU law.

The Good Friday Agreement confers rights on Northern Ireland citizens which will vanish in two years' time with no recourse. Amending the Good Friday Agreement is not the concern of the European Union. As we go through our negotiations, we are one of 27, but the 27 collectively has no interest in the Good Friday Agreement other than what the Minister for Foreign Affairs and Trade and his fellow Ministers can bring to the table. Neither is it the unilateral concern of the British state, which brings Theresa May into the picture. It is the concern of Ireland, the United Kingdom and the elected Executive of Northern Ireland. We now find that we are coming back to the tripartite arrangement that led to the Good Friday Agreement. We cannot allow a situation to arise where Theresa May triggers Article 50 without first enshrining the Good Friday Agreement in primary legislation. If that requires the Irish Government taking the British Government to the European Court of Justice before Article 50 is triggered, then so be it. We must take every possible step.

I am somewhat concerned by the benign statement that came from the Minister's office following the UK Supreme Court decision. When I was young, my mother told me to be quiet and my uncle would look after me. I was quiet all of my life but my uncle died and left me nothing. Are we sitting quietly in the background, hoping it will be all right on the night? I do not think it is going to be all right on the night. I have met parliamentarians from all over Europe, some of whom are very sympathetic to our situation but, by and large, they are concerned about their own countries and whether they will be able to sell their Volkswagens, Fiats, Bosch washing machines and so forth. That is their concern and rightly so.

A colleague of mine recently asked a member of the European Commission about the possibility of relocating various European agencies to Dublin. The answer he got was: "Get in the queue". Following Brexit, we are an island sitting out on the edge of the Atlantic Ocean, far removed from the UK and mainland Europe. We now have a hostile US Administration. While there is a good chance that we will see high-quality financial services jobs coming to Dublin, given the work of the Ministers for Finance, and Foreign Affairs and Trade, and the Taoiseach, what will happen to the 41% of our agricultural produce that is sold in the UK if we lose part of that market? It is not easy to take a farm-hand or a production operator in an agrifood business and transfer him or her into IT or financial services.

I have some serious concerns. The time has come for the Taoiseach to make a state of the nation address to explain to the people of Ireland exactly where we are and to outline the work the Government is doing all over Europe to ensure we have the smoothest transition possible.

I am sorry if it seems that I am taking a negative view. I am sure the Minister will put me right when he gets to his feet. I thank him for taking the time to listen to me.

Aidan Davitt (Fianna Fail)
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Cuirim fáilte roimh an Aire go dtí an Teach. I have two brief queries. I am well aware of all of the hard work being done by the Minister and his Department but it is the Taoiseach who is our main point of contact for all matters related to Brexit. I do not believe that is the right policy, with all due respect to the Taoiseach. One man can only do so much. I believe it would be in the nation's interests to have a Minister for Brexit. I was one of the first politicians to ask that question, to which the Minister responded last October. We should think outside the box on this matter. We need another point of contact, if only to meet representatives of business and various interest groups that have genuine concerns regarding Brexit. We should consider this, rather than just saying "No".

I want to extend my best wishes to Mr. Martin McGuinness. I have met him previously and found him to be very amiable. I wish him a speedy recovery. Michelle O'Neill has been appointed as the new leader of Sinn Féin in the North and I wish her all the best. It is estimated that €500 million will be wasted as a result of the cash for ash disaster and it must be pointed out that Sinn Féin was in power when the scheme was set up. Sinn Féin was in power and was working together with the DUP. It should have done the deal and reversed the wrong. I firmly believe that should have been done before Sinn Féin pulled the plug. I have no problem whatsoever -----

Aidan Davitt (Fianna Fail)
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No.

Paul Coghlan (Fine Gael)
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Please allow Senator Davitt to speak without interruption.

Aidan Davitt (Fianna Fail)
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We cannot just say what we want to say when it suits. I fully agree with many of the points made by Sinn Féin. However, it was in power with the DUP. The latter needed Sinn Féin for the power-sharing arrangement to work. In the context of all of the money that will be wasted, I cannot understand why Sinn Féin did not reverse the terrible mistake that was made with the aforementioned scheme before pulling the plug on the Executive in the North. That is the only query I have in that regard.

Rose Conway Walsh (Sinn Fein)
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I thank the Minister for being with us this afternoon to discuss this important subject. I want to begin by paying tribute to my colleague, Mr. Martin McGuinness. I wish him and his wife, Bernie, well and hope he enjoys a speedy recovery. I want to thank him for the wonderful work he has done for peace on this island. I also want to thank Senators for their acknowledgement of his work. I hope that he will be able to work in another capacity in the future. I know he will spend all of this days working for peace in this country, as many of us do. I completely agree with his final act as deputy First Minister in terms of him stepping down. Let us be clear about it - we did not want an election in the North. I know there are some in the Dáil who would have advocated the collapse of the institutions, even as late as a number of months ago. That was never what we wanted. We understand the importance of the institutions and have participated fully in them but we were left with absolutely no choice.

A Fianna Fáil Senator asked what Sinn Féin did about the scheme. As soon as we became aware of the scandal of the renewable heat initiative, RHI, the Sinn Féin Minister for Finance, Máirtín Ó Muilleoir, suggested that the First Minister should step aside because of her key role in the scheme.We also advocated for a full public inquiry with compellability into the issue. That was our response. I could never be part of a party which did not stand up against corruption and cronyism, least of all because I have seen what it has done in this State when it has not been addressed. As I have said before, my 15-year-old son will be 54 when he has finished paying for the cronyism and corruption that was allowed to happen and facilitated under a Fianna Fáil Government in this State. We were not prepared to let that happen. I commend Martin McGuinness.

Aidan Davitt (Fianna Fail)
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Money is still being wasted in the North.

Rose Conway Walsh (Sinn Fein)
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This matter has to be sorted out and we took the only decision available to us.

I am heartened by the many good wishes I have received for Martin McGuinness, both in this House and from all political persuasions, with regard to his speedy recovery.

I want to address the distaste and disdain expressed for hard-line nationalism, which does a real disservice to the good work that has been done in the North. Indeed, the Minister for Foreign Affairs and Trade has played a role in that regard. Before Christmas, I met cross-party women’s and youth groups on the issue of domestic violence, from both the nationalist and loyalist sides. This shows the excellent work that is being done. That is not hard-line nationalism. I was in the Short Strand in Belfast the other night where, again, the discussion was around housing and other issues, as well as the DUP’s position and the whole extreme of British nationalism which includes its pro-Brexit stance. While good work is being done, I will not take lectures from a party that will not stand any candidates in the North or go there to work to ensure that the peace process is upheld and everyone prospers.

In case there is any doubt, discussions on the situation in the North take place regularly both on the Order of Business in the Seanad and during Leaders’ Questions in the Dáil. My party leader, Deputy Gerry Adams, often uses Taoiseach’s Question Time to encourage and implore the Taoiseach and his Ministers to take a more active role in the North. This is done in a genuine manner because there are many people in the North who look to the Irish Government to protect their rights and defend their interests. As a gesture to our citizens in the North, will the Minister show them that he truly understands the principle of equality by supporting the call for voting rights here for them? I have much more to say around this subject and I have many concerns. I hope this will be the beginning of many sessions we will have here in trying to work together to bring about a special status for the North within the EU. That is the way forward and what we need to do to prevent the hard Border being discussed.

Paul Coghlan (Fine Gael)
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Indeed, I have no doubt the Senator will have many more opportunities.

Charles Flanagan (Laois, Fine Gael)
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I thank Senators for their contributions, guidance, advice and suggestions. I always very much value the opportunity of coming to the Seanad. I agree with Senators that we should have a more frequent and intensified engagement, our respective schedules permitting. I would be happy to explore further opportunities in this regard.

All Members acknowledge the Good Friday Agreement has secured peace on our island. The Agreement, endorsed by the people both North and South, in effect transformed relationships which had been a source of division, conflict, rancour and suffering for past generations. All parties to the Agreement have a solemn duty to ensure its full implementation, as a transformation and accord resoundingly endorsed by the people. As co-guarantor of the Agreement, the Government continues its unstinting work and application to achieve this end. I acknowledge that, with cross-party support, all Governments since 1998 have taken their obligations in this regard seriously. They have been committed to this solemn duty and obligation.

I particularly acknowledge the comments of Senators Feighan, Black, Craughwell and others on Brexit. The withdrawal of the United Kingdom from the European Union is a challenge. The Good Friday Agreement and the need for peace, stability and engagement is certainly at the heart of the Irish Government's negotiating priorities. I acknowledge in particular the remarks of Senator Craughwell. I am encouraged by what my EU ministerial colleagues continue to tell me regarding their acknowledgement, appreciation and understanding of the peace process on the island of Ireland, with particular reference to Northern Ireland, and the strains which will be imposed on this process with the withdrawal of the United Kingdom from the European Union. We will continue to engage at the highest level. I am encouraged at the deep understanding of the existence, as well as the terms and conditions, of the Good Friday Agreement and the importance of ensuring they are fully adhered to in the context of the negotiations. This is a point to which I will return.

Senator Richmond is correct that one can never take peace and stability for granted. It is a work in progress. We need to ensure the process is nourished. I agree on the matter of those elements of the Good Friday Agreement and succeeding agreements which are not yet fully implemented. It is worth recalling the status of some of these in detail. The question of the bill of rights for Northern Ireland has been raised. The Good Friday Agreement provided for the Northern Ireland Human Rights Commission to consult and advise on defining rights to reflect the particular circumstances of Northern Ireland. Over the ten-year period between 1999 and 2009, there were three processes of consultation, all engaged with strong support of the Irish Government of the day. On each occasion, regrettably, there was insufficient consensus between the parties in Northern Ireland to proceed with codifying rights specific to Northern Ireland. At the Stormont House talks in 2014, on behalf of the Irish Government, I supported a bill of rights for Northern Ireland, but, yet again, there appeared to be insufficient consensus. There was, however, a commitment by all parties to several important principles, including the promotion of a culture of tolerance, mutual respect and understanding. All parties need to continue to work to fully integrate this commitment in governance in Northern Ireland. In my view, a bill of rights, focused on specific circumstances in Northern Ireland given its history, could be a powerful symbol of commitment to a better future for all.

The North-South consultative forum is another outstanding provision that has yet to be fully complied with or addressed. In 2008, the Government sent proposals for such a forum to the Executive, but there was no reply. Between 2009 and 2011, three consultative conferences were hosted in Dublin to support the establishment of such a forum.While the issue remains on the agenda of the North-South Ministerial Council, the Northern Ireland Executive has not been able to give its assent to the setting up of the forum. At the Stormont House talks in 2014, I made a further proposal to establish the forum but the focus of the Executive parties appeared to be on other issues during those talks. There remains an undiminished obligation to implement the agreed commitment to a North-South consultative forum and the Irish Government's commitment in that regard is undiminished.

Respect for linguistic diversity and the Irish language has rightly been raised as central to the Good Friday Agreement. Indeed, it can be seen as something of a litmus test for the issue of mutual respect. Both Governments reiterated their support for this in the Stormont House agreement. An Irish language Act in Northern Ireland, to be enacted by the British Government, was provided for in the St. Andrews Agreement of 2006. Successive Irish Governments have advocated strongly in favour of this and the current Government continues to do so. However, to date there has been no agreement within the Executive to take forward what is now, in essence, a devolved matter in any event.

Charles Flanagan (Laois, Fine Gael)
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The Government will continue -----

Charles Flanagan (Laois, Fine Gael)
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Again, I wish to make it perfectly clear to everyone that we will continue to support the Irish language on an all-island basis, including, as we already do, through providing financial support for the work of Foras na Gaeilge.

The St. Andrews Agreement also provided for a review to identify additional areas for North-South co-operation. Again, the Government supported a provision in the Stormont House agreement on this and the Taoiseach has raised this issue at successive plenary sessions of the North-South Ministerial Council. A number of new areas of North-South co-operation have been mooted, including, for example, in the area of higher education. However, taking new areas forward would require approval not only of the Assembly but of the Executive and this remains to be forthcoming. In review meetings with the Secretary of State and the First Minister and deputy First Minister, I have raised the need to maintain political attention on realising each and every one of these outstanding commitments. I did so, most recently, just before Christmas. It is vital that there be more substantive discussions and progress on these outstanding commitments in the period ahead.

Reference was made to Lough Foyle. I do not agree with the British Government's position on this and said so as soon as the parliamentary question was replied to in the House of Commons. I also raised the issue directly with the Secretary of State for Northern Ireland, Mr. James Brokenshire, a short time after the parliamentary question was answered. I acknowledge that this issue needs to be resolved. For the sake of clarity, I wish to inform the House that there is a working committee on this issue which met just before the end of 2016. That committee continues to explore avenues towards a solution to this matter which is long outstanding, going back as it does to the 17th century.

In conclusion, the institutions, principles and procedures of the Good Friday Agreement are the bedrock of the peace process. As co-guarantor of the Agreement, the Government continues to work relentlessly to support its implementation and that of subsequent agreements. I assure the House that the Government will continue to discharge its duty in this regard so that the full promise and potential of the Good Friday Agreement and subsequent agreements is fully realised.

Aidan Davitt (Fianna Fail)
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I know that we have run out of time but I only asked one question regarding the appointment of a Minister for Brexit. Will the Minister give me a "Yes" or "No" response at least?

Paul Coghlan (Fine Gael)
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I am sorry Senator, but the Minister has concluded. I am sure -----

Aidan Davitt (Fianna Fail)
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I asked a direct question.

Paul Coghlan (Fine Gael)
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I am sure the Minister will be back in the House regularly to keep us updated on -----

Charles Flanagan (Laois, Fine Gael)
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What I can say to the Senator is that there is a Cabinet committee dealing with this issue on the basis that each and every Government Department is in some way affected by the withdrawal of the United Kingdom from the European Union. That special Cabinet sub-committee will be meeting again late this afternoon. Each Department has engaged in an impact assessment on the forthcoming withdrawal of Britain from the EU. That committee and the Irish negotiating position is being led by the Taoiseach, as a member of the European Council. In effect, the Taoiseach, working in conjunction with all Ministers affected, is in charge of our negotiating and Brexit positions.

Paul Coghlan (Fine Gael)
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I really cannot -----

Paul Coghlan (Fine Gael)
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The Minister has been very generous with his time and I have no doubt that he will be back in the House soon to update us. That concludes today's business.