Dáil Éireann Debate, Thursday - 8 March 2018
32. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade the backstop arrangements he envisages if option 1, the Government's preferred option, and option 2 fail to be negotiated in the context of the withdrawal agreement. [11334/18]
View answerThe Government has always been clear that our preference is to resolve the Irish-specific issues through the wider future relationship agreement between the EU and the UK, a view we share with the UK government. We also stand ready to consider proposals from the UK on specific solutions. At the same time, it is necessary to have legal certainty on the backstop as part of the Withdrawal Agreement. This is a default and will only be triggered if the commitments made by the UK in phase one cannot be delivered through the wider future relationship agreement or specific solutions.
Since the principles and commitments set out in the Joint Report from the EU and UK negotiators published on 8 December 2017 were agreed, including on citizens’ rights, the financial settlement and on the Irish specific issues, my team and I have been working closely with the Task Force to ensure that the agreements reached in December are given legal effect through the Withdrawal Agreement. I am fully satisfied with how this process was managed by the EU Chief Negotiator, Michel Barnier and I welcome the proposed Protocol on Ireland and Northern Ireland.
The draft protocol, which is an integral part of the proposed Withdrawal Agreement, gives legal effect to the commitments on avoiding a hard border, protecting the Good Friday Agreement in all its parts and also includes elements on rights and on the Common Travel Area.
In terms of protecting North South cooperation and avoiding a hard border, and in line with the commitments agreed by the UK in paragraph 49 of the joint progress report of December, the protocol proposes a common regulatory area in which the UK in respect of Northern Ireland would stay fully aligned with those rules of the Customs Union and Single Market necessary to achieve these objectives. It also proposes the establishment of a joint EU-UK specialised committee to ensure the ongoing effective implementation of the protocol, including a robust oversight and enforcement mechanism. This is important both in terms of the implementation of the protocol but also to ensure the integrity of the Single Market and Customs Union and Ireland’s place in them.
