Dara Calleary (Mayo, Fianna Fail)
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110. To ask the Minister for Foreign Affairs and Trade if he accepts the assertions made by the United Kingdom government that it has been actively trying to make the Northern Ireland Protocol work; and if he will make a statement on the matter. [32933/22]

Neale Richmond (Dublin Rathdown, Fine Gael)
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159. To ask the Minister for Foreign Affairs and Trade if he will report on his recent conversation with EU Commission Vice-President; and if he will make a statement on the matter. [32850/22]

Alan Farrell (Dublin Fingal, Fine Gael)
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161. To ask the Minister for Foreign Affairs and Trade if he will provide an update on efforts to protect the Northern Ireland Protocol. [27390/22]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 110, 159 and 161 together.

As has been the case throughout the Brexit process, the Government continues to undertake a coordinated and consistent approach in support of our Brexit priorities, which includes working with the Commission to find jointly agreed solutions to the challenges around the implementation of the Protocol on Ireland/Northern Ireland.

The Taoiseach, Ministers, and officials from Dublin and all our embassies continue to meet regularly with our counterparts and stakeholders in the EU Institutions and across Member States and globally.

I am in ongoing contact with European Commission Vice-President Šefcovic, who I spoke with on 13 June regarding the UK Government’s publication of draft legislation to dis-apply the core elements of the Protocol.  It is clear from this conversation, as well as others I have had with my EU counterparts, that the EU retains its strong willingness to seek practical solutions that will work for Northern Ireland. The UK's unilateral action has concerned colleagues across the Member States of the European Union. The General Affairs Council this week took the opportunity to reiterate the full support of Member States for the Commission’s approach.

The tabling of this legislation marks a particular low point in the UK government approach to Brexit.

Brexit, and in particular the hard Brexit chosen by the UK Government, is the root cause of the uncertainty in Northern Ireland. The Protocol is the solution, jointly designed and freely chosen by the British Government to mitigate the challenges posed by their preferred version of Brexit.

The situation on the ground backs this up. Northern Ireland is growing faster than any other UK region, according to the UK’s own Office of National Statistics. The Protocol is a factor in helping protect Northern Ireland from negative effects of shortages and delays, as Northern Irish supply chains have added resilience thanks to its EU Single Market access. Foreign direct investment interest in Northern Ireland is at historically high levels. Northern Irish-based businesses consistently underline the importance of dual market access.

The message I hear from business in Northern Ireland has been consistent. There is a real desire to make the most of the opportunities the Protocol brings. They want continued access to both the EU and GB markets. They want predictability and stability.  The UK Government’s unilateral actions undermine these objectives and create uncertainty for Northern Ireland businesses, as well as for their suppliers and buyers.

People and business across Northern Ireland have been clear: they want an agreed solution between the EU and the UK. They want the EU and the UK to work together to address the genuine concerns that have been raised.

A majority of newly elected Assembly MLAs have written to Prime Minister Johnson rejecting in the strongest possible terms the UK government’s reckless approach, as it, and I quote, “flies in the face of the expressed wishes of not just most businesses, but most people in Northern Ireland.”

Commission Vice-President Maroš Šefcovic, and his team have done commendable work engaging and listening to people and businesses in Northern Ireland. They have come up with practical and flexible means of implementing the Protocol that can address some of the real-world concerns that have arisen in relation to the movement of goods, and for enhancing Northern Ireland engagement around the Protocol.

These are bespoke arrangements that further demonstrates the flexibility and compromise the EU is willing to show - including an openness to further change its own rules.  And importantly, the EU’s approach is not a take it or leave it one.  The EU is willing to discuss these solutions with the British government.

However, the UK has not engaged in any meaningful discussions since February. Their unwillingness to explore the EU’s solutions in any real depth – taken together with their newly proposed unilateral legislation action – is the very disappointing and concerning. 

I have said many times that these issues can be resolved if there is political will to tackle the issues together.

The UK Government continues to state that a negotiated solution is their preferred outcome. If that is true, the UK needs to demonstrate a show of good faith soon to avoid more polarisation on the ground in Northern Ireland and more harm to relationships between our two governments and between the EU and the UK.

James Lawless (Kildare North, Fianna Fail)
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111. To ask the Minister for Foreign Affairs and Trade his views on the United Kingdom’s use of necessity as a justification for abandoning the Northern Ireland Protocol; and if he will make a statement on the matter. [32920/22]

Seán Haughey (Dublin Bay North, Fianna Fail)
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152. To ask the Minister for Foreign Affairs and Trade his views on whether the United Kingdom’s legal rationale for seeking to override the Northern Ireland Protocol has any plausible basis; and if he will make a statement on the matter. [32936/22]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 111 and 152 together.

On 13 June, the UK Government published draft legislation in the form of the Northern Ireland Protocol Bill. The Bill proposes to disapply much of the Protocol without the agreement of the EU, including elements in relation to the movement of goods, VAT, excise and state aid, and the role of the European Court of Justice.

International agreements, such as the Withdrawal Agreement and the Protocol, cannot simply be rewritten by one party to the agreement. Yet this is what the UK Government propose. Their approach is wholly inconsistent with international law.

In its published ‘Legal Position’, the UK Government asserted that the doctrine of necessity can be invoked to lawfully justify non-performance of their international obligations under the Withdrawal Agreement and Protocol.

Necessity as a legal justification for non-performance of an international obligation is an institution of customary international law now codified by the United Nations International Law Commission in Article 25 of its Draft Articles on State Responsibility. This provides that necessity may only be invoked when it is the only way to safeguard an essential interest of the state concerned against a grave and imminent peril, and when it does not seriously impair an essential interest of the party to which the obligation is owed, or of the international community as a whole. Furthermore, it clarifies that necessity may only be invoked when there is no other remedy available, and that it may not be invoked by a state if the state has contributed to the situation of necessity.

The British government’s decision to table a Bill that sets aside international law and ignores the majority in Northern Ireland is deeply disappointing. The approach has been widely criticised by people and business in Northern Ireland.

I am in ongoing contact with our partners across the EU, including European Commission Vice-President Šefcovic.  The EU’s remains deeply committed to Northern Ireland.  Opposition to the UK’s unilateral action is uniform across the Union and support for the Commission approach remains steadfast.  This was made clear again during discussions at this week’s General Affairs Council.  

Despite the tabling of this legislation, the EU remains open to talks on finding durable and sustainable solutions.  With political will, solutions can be found to the genuine issues of concern to people and business in Northern Ireland.  Finding these solutions will allow Northern Ireland to experience in full the positive effects the Protocol can have on trade, investment, growth and employment.

I continue to urge the British Government to step back from their unilateral approach and to pursue a path of constructive engagement with the European Union to resolve the outstanding issues under the Protocol.

Bernard Durkan (Kildare North, Fine Gael)
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112. To ask the Minister for Foreign Affairs and Trade the extent of any recent discussions with the UK/EU authorities in relation to ensuring the protection of the Good Friday Agreement and the attendant Protocol which was agreed internationally; if a particular procedure is required in the event of one of the participating parties taking a unilateral stance which might jeopardise any such agreement; if it is recognised that there may be far reaching consequences in such a case; and if he will make a statement on the matter. [33200/22]

Michael Moynihan (Cork North West, Fianna Fail)
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134. To ask the Minister for Foreign Affairs and Trade his views on the claim made by the United Kingdom government that the Good Friday Agreement is threatened by European Union action; and if he will make a statement on the matter. [32931/22]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 112 and 134 together.

The Protocol on Ireland/Northern Ireland was designed and agreed by the UK and the EU to protect the Good Friday Agreement in all its dimensions, to mitigate the inevitable disruption arising for the island of Ireland from Brexit, and to protect the integrity of EU Single Market, and Ireland’s place within it.

The Protocol fully recognises the constitutional position of Northern Ireland and the principle of consent as set out in the Good Friday Agreement. It protects North South cooperation and the all-island economy, the gains of the peace process which benefit communities North and South, and ensures ‘no diminution of rights, safeguards, or equality of opportunity’ as set out in the Good Friday Agreement.  

The fundamental purpose of the Protocol is to protect the Good Friday Agreement. Arguing that the Protocol and the Good Friday Agreement are incompatible is disingenuous and irresponsible. Taken together, they are a powerful expression of what negotiation and partnership can achieve.

It is Brexit, and in particular the type of hard Brexit pursued by the British Government, that is the major impediment to the free flow of goods from Great Britain to Northern Ireland. The EU has always been, and remains, committed to the smoothest possible implementation of the Protocol but this is only possible with cooperation from the British Government. 

I maintain regular and ongoing contact with my British Government counterparts, including Foreign Secretary Liz Truss and Secretary of State Brandon Lewis, with regard to the Protocol. I also maintain ongoing contact with the parties and other stakeholders in Northern Ireland, as well as with Commission Vice-President Šefcovic, EU counterparts, and a range of US partners.  

In contacts with the British Government, I have consistently set out the Irish Government’s deep disappointment at their decision to table legislation that would empower UK Ministers to unilaterally disapply core parts of the Protocol. Such unilateral action would, if enacted, breach international law. It damages relationships within Northern Ireland, across our islands, between our governments, and between the UK and the EU. 

I underlined that people in Northern Ireland do not support this legislation. We have seen that 52 MLAs have written to Prime Minister Johnson expressing “in the strongest possible terms” their objection to it. Northern Ireland business is clear that they need certainty and stability and that this requires a negotiated settlement. 

Both the Irish Government and European Commission have engaged consistently with Northern Ireland stakeholders, including the Unionist community, to understand their concerns. In October, the Commission presented proposals directly addressing these concerns, but the UK has not seriously engaged with them. Last week, in addition to relaunching infringement proceedings following the UK’s actions on the Protocol, the Commission outlined further detail on these proposals. We fully support the EU’s calm, measured and firm approach. 

Only joint solutions can provide the long-term legal certainty and predictability which people and business in Northern Ireland need. The UK needs to reciprocate the flexibility shown by the EU. I urge the British Government to step away from the path it has chosen and engage constructively with the EU.

Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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113. To ask the Minister for Foreign Affairs and Trade if he will provide an update on his recent discussions with the British Labour Party Leader Mr. Starmer; if he will provide a further update on the situation in relation to the Northern Ireland Protocol; and if he will make a statement on the matter. [33181/22]

Simon Coveney (Cork South Central, Fine Gael)
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I met with the Leader of the Official Opposition in the UK, Keir Starmer MP, and the Shadow Secretary of State for Northern Ireland, Peter Kyle MP, on 9 June 2022 in Dublin. At the meeting, we discussed a broad range of issues including the Protocol on Ireland/Northern Ireland, the legacy of the Troubles, and the impact of recent British Government decisions on Northern Ireland.

I underlined the Irish Government’s deep disappointment at the British Government’s intention to table legislation which would allow British ministers to unilaterally dis-apply elements of the Protocol. Such unilateral action would represent a serious breach of international law. I emphasised the damage that such action on the Protocol would do to relationships within Northern Ireland, across our islands, between our governments, and between the UK and the EU and its member states. It would also clearly damage the international reputation of the UK.

I also emphasised that we have listened to and take very seriously all sincerely held concerns in Northern Ireland about the Protocol. The EU has also consistently engaged with the perspectives of everyone in Northern Ireland and last October produced a package of proposals to directly address these concerns.

We agreed that only joint solutions can provide the long-term legal certainty and predictability which people and businesses in Northern Ireland need, and that there are solutions to practical issues which have arisen with regard to certain aspects of implementation of the Protocol.

We also discussed the UK Government’s decision to unilaterally introduce legislation on legacy cases in Northern Ireland, which moves away from the process agreed in the Stormont House Agreement, and in a direction that does not have the support of victims or any political party in Northern Ireland. I expressed my very real concerns with both the process and substance of the draft legislation that has been introduced. These include concerns about the independence and effectiveness of the proposed review system, and its compliance with international human rights obligations.