Stephen Donnelly (Wicklow, Fianna Fail)
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632. To ask the Minister for Foreign Affairs and Trade if his attention has been drawn to the agreement with Spain regarding Gibraltar contained within the EU's draft guidelines for Brexit negotiations ahead of their publication; if he had requested a similar veto for Northern Ireland; and if he will make a statement on the matter. [19897/17]

Charles Flanagan (Laois, Fine Gael)
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A central pillar of the Government’s response to last year’s UK referendum on EU membership has been strategic outreach to EU partners and Institutions to ensure that the unique Irish perspective on Brexit is understood before negotiations begin. To that end, a significant programme of engagements with EU partners began after the referendum and is continuing. To date, there have been over 400 engagements across government at either political or senior official level. For my part, since the UK referendum, I have had in excess of 70 meetings or conversations, including with each of my EU counterparts. In recent weeks I met with the Foreign Ministers from Italy, Luxembourg, Germany, Denmark, Sweden and Austria and, most recently, met with my Croatian, Estonian, Finnish and Romanian colleagues in the margins of the Informal Meeting of EU Foreign Affairs Ministers on 28 April.

It is clear that this extensive political, diplomatic and official campaign has been effective in ensuring understanding and recognition of our unique circumstances and specific issues. This is clearly reflected in the negotiation Guidelines adopted by the EU 27 Heads of State and Government last Saturday, as well as in Prime Minister May’s letter of notification and the European Parliament’s resolution on Brexit, all of which contain strong a strong acknowledgement of our unique concerns, including in relation to the Good Friday Agreement.

Importantly, the Taoiseach also got agreement at the European Council last Saturday on a statement in the minutes of the European Council in which the EU explicitly acknowledges that the Good Friday Agreement expressly provides for an agreed mechanism whereby a united Ireland may be brought about through peaceful and democratic means; and, in this regard, acknowledges that, in accordance with international law, the entire territory of such a united Ireland would thus be part of the European Union.

As regards Gibraltar, its status with respect to the UK and the EU is that of a UK overseas territory to which the EU Treaties apply, subject to certain derogations. Moreover, its constitutional status is disputed. The situation is therefore completely different to that of Northern Ireland, the constitutional status of which, and how that status might change on the basis of the principle of consent, are set out definitively in the Good Friday Agreement.

Furthermore, the Guidelines make reference to Gibraltar within the context of the framework for future EU-UK relationship, which itself will be the subject of a separate negotiation and agreement at a later stage. In all likelihood, that agreement will require ratification by all EU27 Member States, including Ireland.

This is entirely distinct and separate from the Irish Government’s priority of ensuring that the unique circumstances on the island of Ireland, including the Good Friday Agreement, are recognised and protected within the context of the Article 50 negotiations leading to a withdrawal agreement.