Dáil Éireann Debate, Wednesday - 12 December 2018
68. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if his officials have assessed the advice of the UK Attorney General regarding the backstop provisions in the Brexit draft withdrawal agreement; and if he has sought legal advice on same. [52119/18]
View answerThe European Union and Legal Divisions of my Department have reviewed the UK Attorney General’s advice on the “Legal Effect of the Protocol on Ireland/Northern Ireland”, as published on 5 December, as well as the “Legal Position on the Withdrawal Agreement”, presented to the UK Parliament by him on 3 December. The advice, including that on the backstop provisions, is consistent with the UK Government’s “Explainer for the agreement on the Withdrawal of the United Kingdom of Great Britain and North Ireland from the European Union”, published on 14 November 2018, and the European Commission’s fact sheets on the Withdrawal Agreement and the Protocol, also published on 14 November. It is also in line with our own understanding. The Withdrawal Agreement is a treaty between the EU and the UK. Should an issue of interpretation arise in the future, it would be for the Legal Services of the European Commission and the Council of the EU, to lead on the EU side.
While the legal advice is of interest, what is important is that the UK Cabinet agreed on 14 November that the draft text of the Withdrawal Agreement was an acceptable basis on which to proceed.
