Throughout the Brexit process there has been a strong understanding from EU partners of the need to address the unique circumstances on the island of Ireland. This was once again reiterated by partners, including at the highest levels, in the lead up to the European Council meeting on 10 April. Ireland and the EU are at one in our determination to do all we can, deal or no deal, to protect the peace process and to avoid a hard border.
The strong solidarity from EU partners resulted in the endorsement of the Withdrawal Agreement by the European Council on 25 November 2018, which includes the Protocol on Ireland and Northern Ireland. This protocol fully addresses issues specific to this island and protects the Good Friday Agreement and the gains of the peace process.
The Protocol underpins, in a dynamic way, continuing North-South cooperation and the all-island economy. It acknowledges the Common Travel Area, whereby Irish and British can live, work, study, and access healthcare, social security and public services in each other’s jurisdictions. It includes commitments to ensure no diminution of rights, safeguards and equality of opportunity as set out in the Good Friday Agreement, and that people in Northern Ireland will continue to enjoy their rights as EU citizens. Importantly, nothing in the Agreement will prejudice the constitutional status of Northern Ireland and the principle of consent as set out in the Good Friday Agreement.
A key element of the Protocol are the measures included for a backstop to prevent the re-emergence of a hard border. The EU-UK shared customs territory which would apply under the backstop will involve no tariffs or quotas, and includes well established rules with regard to ensuring a level playing field, including in the area of tax. Northern Ireland would remain aligned to those rules of the Single Market that are indispensable to avoiding a hard border.
The backstop acts as an insurance policy, which we hope will never have to be used. It remains our priority to achieve a future relationship agreement that can resolve all these issues. We are determined to work towards that best possible outcome. The Withdrawal Agreement provides for a period of transition, during which EU rules and regulations will continue to apply to the UK, which provides us with the time needed to negotiate an agreement on the future relationship.
Without a Withdrawal Agreement, avoiding a hard border would become more complex and challenging. We have been working closely with the Commission over recent weeks on how we can work together to avoid a hard border, in the case of no deal, while also protecting the integrity of the Single Market and Customs Union and Ireland’s place in them. Any solutions in a no deal scenerio will be sub-optimal to the backstop and there would be serious disruption to the functioning of the all-island economy.
This is why the Withdrawal Agreement, including the backstop, is so important, and why we remain focussed on securing its ratification. It provides the best way to ensure an orderly withdrawal, while fully protecting the Good Friday Agreement and the all-island economy. This is why in its conclusions of 10 April, the European Council made clear again that during the agreed extension to the Article 50 process, the Withdrawal Agreement, including the Protocol on Ireland and Northern Ireland cannot be re-negotiated.
Maintaining our strong relationship with the UK is a priority for Ireland, and we want to see a future relationship between the EU and UK that is as deep and comprehensive as possible. The ratification of the Withdrawal Agreement by the UK will enable both sides to move on to agreeing this new relationship.
