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Dáil Éireann díospóireacht -
Wednesday, 5 Apr 2017

Vol. 945 No. 3

Brexit: Statements (Resumed)

The withdrawal of the United Kingdom from the European Union is not in our interest. However, we have to respect the wishes of the UK electorate and its Government and our focus now has to be on establishing a close and beneficial relationship for the future. There can be no bilateral negotiations between individual member states and the UK on its withdrawal or on matters that fall within the sole competence of the European Union. Ireland has a voice and a great ability to influence matters. That is what we have to do. There is already widespread recognition among our partners and the EU institutions that Ireland will be more affected by the departure of the UK than any other member state. Prime Minister May has now invoked the provisions of Article 50 of the Treaty of the European Union.

Turning to her letter of 29 March 2017, I will draw attention to two issues that are of particular interest to me as Minister for Justice and Equality. First, she makes clear the UK wants to agree a deep and special partnership with the European Union that takes in both economic and security co-operation. Security co-operation therefore will be a key issue. Second, she referred to the UK’s unique relationship with Ireland, the importance of the peace process in Northern Ireland and the common travel area. These are issues I wish to explore further in my contribution to this debate and I will start with the issue of security co-operation.

The question of border controls, police co-operation and judicial co-operation in criminal matters only entered into the mainstream of the European Union legal framework with the Lisbon treaty in 2009. Despite this, the legal framework for police and judicial criminal co-operation in criminal matters is now almost entirely based on EU instruments. Key instruments include the European arrest warrant for extradition; mutual legal assistance; Europol and the Europol information system; and the police aspects of the Schengen information system - Prüm for checking fingerprints, DNA and car registration and ECRIS for criminal records. There is a very wide variety of instruments. Entering into force in May 2018, before the withdrawal of the United Kingdom, we have the passenger name record, the PNR, for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. The ones I have mentioned just give a taste of the network of instruments joining all member states in their fight against crime. For us, the UK is a vital partner in security co-operation, not only in addressing dissidents in the context of Northern Ireland but also, because of its size and geographical proximity, we have more interaction with the UK criminal justice system than any other jurisdiction. Of particular importance for us is the European arrest warrant. I cannot overstate its importance in improving the arrangements for the extradition of wanted persons within the European Union. It addressed all the failings associated with the 1957 Council of Europe Convention on Extradition and means extradition is a relatively straightforward procedure that now takes months rather than years and avoids political issues. I would be very concerned if the UK did not continue its participation in the European arrest warrant system as it would have very significant and serious implications for security co-operation. I am heartened by the consistent statements of the UK Government reinforced by the emphasis in Prime Minister May’s letter that security co-operation is one of her top priorities. However, I am still concerned about the lack of detail on how the UK intends to reconcile maintaining such high levels of security co-operation with their plans to withdraw from the European Union. Negotiating new instruments for police and judicial co-operation can be a lengthy and complex process. The Prime Minister referred in her letter to the need to avoid cliff edges and refers to implementation periods to adjust in a smooth and orderly way to new arrangements. Maintaining this level of co-operation is in everyone’s interest and keeps everyone safer. We have a special interest in ensuring that the closest possible co-operation takes place. In the context of the EU-UK negotiations, we will be pressing that the UK exit should not result in any let-up in our work to tackle serious crime and terrorist threats.

I will turn now to the close links between Ireland and the United Kingdom and to Border issues and Northern Ireland. We all know the background to the common travel area arrangements which are bilateral, between the two States, and they predate our accession to the European Union. We know about the reciprocity of rights so I will not go into detail on those. We are all very clear about the rights of residents such as the right to vote in parliamentary elections, the access to various services and that they do not require work permits. We are also aware of the arrangements that exist here for UK citizens. Part of these arrangements was the decision that there should be no border control obligations on people travelling within the common travel area. To facilitate this, there are various arrangements in place to protect the interests of both the UK and Ireland while allowing the free movement of persons across our mutual borders. This is recognised in protocols 19 and 20. Ireland and the UK were specifically excluded from the obligation to participate in the Schengen arrangements. It is our intention to remain outside the Schengen area and to continue to avail of protocols 19 and 20 to maintain the common travel area arrangements with the UK. The UK has also said it wishes to maintain the common travel area arrangements and this is repeated. It is particularly important as we all know in the context of the peace process in Northern Ireland.

I have touched on specific issues raised in the Article 50 letter issued by Prime Minister May. However, her letter is not exhaustive in terms of all the issues. My Department has gone through every EU instrument falling within our remit, which amounted to more than 700 instruments.

As part of our preparations for this day, each was examined and the implications of a UK withdrawal assessed. We have identified the key priorities for the forthcoming negotiations and considered what alternative measures may be relevant. However, we can only progress our preparations so far in the absence of an indication of what position the UK will take.

I will briefly touch on issues not yet raised by the UK. Those living on the Border are probably more conscious of the practical day-to-day advantages brought about by the EU than most. Within the remit of my Department, there are many EU instruments dealing with the cross-Border aspects of, for example, the recognition and enforcement of judgments, family law and recovery of maintenance payments. These issues have not been highlighted by the UK and there are no indications to date as to what its plans are in that regard. This also applies to asylum policy. We have a co-ordinated approach currently, but there is no indication of what the UK is thinking for the future. Any change could have significant effects on us because of the common travel area and our proximity to the UK.

Another issue of which we need to be conscious is that of the new data protection regime that will apply within the EU and to law enforcement. This is not just a justice issue. Rather, it has implications over a wide range of services, including banking, insurance and payrolls. The exchange of data with UK-based bodies will be severely curtailed if the UK does not maintain a data protection regime that is equivalent to that in the EU. The new EU regime will apply before the UK leaves and one presumes that the UK will maintain the regime on departure, but that is something that will have to be watched closely.

The Government will shortly publish a consolidated paper providing more detail on the four main priority areas of minimising impact on trade and the economy, protecting the Northern Ireland peace process, maintaining the common travel area and influencing the future of the EU. We have prepared comprehensively for the invocation of Article 50 by the UK and it is positive that the UK has emphasised its desire for close co-operation with the EU on security matters. However, the detail of what the UK is going to be looking for in the justice and home affairs area has yet to be set out. The sooner the UK's proposals are made known, the sooner we can make progress on many of these vital matters, some of which I have outlined and will have serious implications for our citizens.

Gabhaim buíochas leis an Tánaiste. Chríochnaigh sí díreach laistigh dá cuid ama.

As my party's spokesperson on foreign affairs and trade, I welcome a further opportunity to speak on Brexit, but all of us would rather not to be in this position. The date 23 June of last year was a sad one for the EU, Ireland and, in particular, Britain, especially in light of the disgraceful and treacherous campaign run by the Brexiteers, the lies that were told and the unrealisable promises that were made. Now we see the reality of the Article 50 letter that Prime Minister May has submitted to the EU. We hoped that cool and calm heads would prevail as we transitioned through this phase, but the hard Brexiteers in the British Cabinet in London have won the day on what stance Britain will take. That Britain would look to remove itself completely from the Single Market and effectively from the customs union means in real terms that this will probably be the hardest of hard Brexits.

We must make it clear - my colleagues and I certainly do - that, as part of the negotiations, we are on the EU's side of the table. We have a centuries-old relationship with Britain, most of it not good, and we have a shared history, but Britain's history has tended to be imposed on us to the detriment of the Irish people. Only in recent times following Independence, the Good Friday Agreement and the peace that we enjoy in the North has that situation turned around. However, here we are with another example of Britain taking a wrong turn down the road, one that will drastically affect us and has the potential to damage our country, including people's livelihoods and quality of life. Our job as an Oireachtas and that of the Government is in the first instance to protect the interests of the Irish people in the Republic and the North. I will turn to the issue of the North shortly.

Consider the sectors that can be affected. We know the trade figures. There is €60 billion in trade between Ireland and Britain per year. Among others, our agrifood sector is dependent in that regard. However, we are a large and important market for Britain as well. We actually run a trade deficit with Britain. I have spent time in London speaking with people who bemoan their current situation and regret what has happened. Underneath the trade figures are people's jobs, incomes and their ability to feed their families, send them through education, pay mortgages and live the lives to which they aspire.

It was a reckless and treacherous act on the part of elements within the Tory Party. Now we have to live with it, but we must make as good a fist of it as possible. I understand the position taken in today's statements from the EU, particularly the Commission, to the effect that we should agree the terms of what has been termed the "divorce settlement" in advance of talks on the future relationship, but I hope that there will be overlap in real terms - there must be some - when we are deciding what the new arrangements will be when someone decides to leave.

I will turn to discuss a number of issues for my constituency, where aviation is important owing to the presence of Dublin Airport. The figures are stark. A total of 39% of all airline passenger traffic into Ireland is from the UK. The second busiest air route in the world, and the busiest European route, is Dublin-London. Dublin Airport accounts for 15,700 jobs directly and between 28 million and 29 million passengers. Consider the work that has been done by successive Governments, as well as by management and, importantly, staff at Dublin Airport and the airlines that fly out of it. It contributes 4% to GDP. This must be kept in mind.

I could pick any sector, for example, financial services or agrifood, which has seen a drop of nearly €600 million in the value of exports to Britain, because there are threats to jobs, livelihoods and homes in all sectors thanks to Brexit. My colleague, Deputy Donnelly, just reminded me that Mr. Michael O'Leary stated at the weekend that there was every possibility that, should these negotiations go off a cliff without agreement, UK flights would not be able to land within the EU or fly across its airspace for a number of weeks or months post the two-year negotiations. That might sound fanciful and ridiculous, but Britain has decided to pull out of the Open Skies agreement. The EU must ensure that the mechanisms and long-standing agreements between EU member states and associate states are adhered to. Who will be the regulator and so on?

The uncertainty over the free movement of goods and people poses a threat to aviation, including passenger flights and freight. The UK is moving away from the EU's liberalised market. I have spoken about Dublin Airport, but these major threats also affect Cork and Belfast airports. The British Government has not taken these matters into account.

The Irish Government must respond as opposed to just holding regular debates. Now that the British have outlined their plan, or lack thereof, seeing as how they do not know what they want, we must prioritise what is important to us and consider the risks to our sectors.

We have been led by some economists to believe there will be an upside to Brexit in terms of the stream of financial services and insurance companies looking to relocate to Dublin and the jobs that will ensue from that. As the Minister knows, that has not happened. While we were in the running in a number of areas some of the major companies have decided to locate elsewhere. I am not suggesting we can win them all. I am not convinced that in terms of our response, reaction and readiness we have been up to scratch.

In regard to the agrifood sector, 37% of all Irish foods and 50% of all dairy and beef exports are to the UK. It is estimated that in 2016 almost €600 million in the value of trade was wiped out because of the depreciation in sterling. These are real issues that arose pre-submission of the Article 50 letter. I earnestly hope the EU, with Ireland at the table as one of the EU 27, can move towards a reasonable agreement. Nobody wants to punish the UK but it cannot be outside the EU and at the same time have all that is good without any of the responsibilities. I cannot see how we can marry free access to the Single Market with restriction on the movement of European Union citizens. That is something that I personally could not agree with.

In regard to Northern Ireland, I remind the Minister that this Dáil voted on a Sinn Féin motion, amended and added to by Fianna Fáil, to give the North of Ireland special status in the negotiations. That motion was agreed. We should have insisted on that at the outset of our negotiations. The largest proportion of EU citizens that will be outside the European Union post-Brexit will be in the North of Ireland. We have a duty of care to Northern Ireland. We are a co-guarantor of the Good Friday Agreement. A citizen born in Belfast is as entitled to his or her Irish citizenship as any citizen born in Dublin or in any of the 26 counties. I believe the Government gave up on that even before the negotiations started. I ask that the Government look to what Spain has been able to achieve, even by way of mention of Gibraltar and the over-the-top reaction of some of the Tories in the UK. Obviously, the Spanish had lobbied for mention of Gibraltar. I know that we have a much stronger case to make because a sizeable proportion of the people in the North of Ireland have a close and earnest affiliation of citizenship in Ireland.

This is multifaceted. As negotiations move forward we will need to find a mechanism in the Oireachtas to allow our Ministers and the Government to report back on the various sectors and to work actively to protect jobs in the areas I mentioned, including aviation, horticulture and agrifood.

As we know, last week the British Government triggered Article 50 of the Treaty on European Union and began the process of formally withdrawing from the EU. The British Government's plan to date on Brexit shows it is ignoring the views of the people of lreland, North and South. Its intention to leave the Single Market and the Customs Union will have a detrimental impact on Ireland by placing a hard Border on this island. The British Government has no mandate to do this. The people of the North clearly voted in the referendum to remain in the EU but their democratic voice is being discarded as unimportant by the British Government. That a British Conservative Government would treat the citizens of the North as second class citizens is no surprise to me and other Irish republicans but it is infuriating communities across many different divides. Sinn Féin has a mandate and a duty to defend the democratic wish of this cross-community majority who have not consented to leave or be dragged out of the EU by the British Government. We will not allow the British Government use Brexit to unravel the progress of the past 20 years. This is a very serious threat, one we are not taking lightly.

Brexit will affect so many aspects of Irish life but particularly the movement of people, products, services and capital in Ireland to and from Britain. It will massively affect the indigenous export sector, particularly the agrifood sector. Brexit undermines the Good Friday Agreement and the peace process, particularly the provisions on consent. It moves the EU border onto the island of Ireland, leaving, potentially, 1 million Irish citizens and, therefore, EU citizens isolated on the other side. For this reason Sinn Féin is calling for special designated status for the North within the EU. This is supported by the majority of parties in the Oireachtas and by the majority of MLAs who were elected in the recent Assembly elections. It is a realistic and achievable solution. This will happen only if the Irish Government negotiates for our national interests and pushes for it. The Government has been asleep at the wheel thus far. It has failed to outline publically or privately to the Opposition its plans for the negotiations. We are being asked to row blindly in behind the Government while not being briefed by it on developments.

The Sinn Féin motion passed by the Dáil in February called on the Government to keep the Oireachtas updated on the Brexit process on a regular basis but that has not happened. There has been no meeting of party leaders or spokespersons. A briefing by the Department of Foreign Affairs scheduled to take place in the AV Room in February was cancelled for some reason and never rearranged. We are being asked to wear the green jersey while not knowing the tactics of the team. With the publication of the draft European Council Brexit guidelines we learned that the Spanish Government has been afforded a veto over any future exit agreement concerning Gibraltar. While reference is made to Ireland and the Good Friday Agreement and the unique circumstances on our island there is nothing close to a veto. Has the Irish Government requested such a veto? If it has, on what basis is Ireland being treated differently to Spain? If not, why not?

Today the European Parliament adopted a resolution regarding the Brexit negotiations. The resolution is far from perfect but it is far superior to the draft guidelines issued by the European Council last week. The resolution states that the Good Friday Agreement should be protected in all its parts, that there should be no hardening of the Border in Ireland and that the unique situation of the North should be recognised. It is because of this unique situation and in the context of the Good Friday Agreement that we are calling for the North to be granted special status. In my opinion, there is an onus on the Taoiseach and the European Council to take heed of this and to stand up for the Good Friday Agreement in all its parts, and to act in the best interests of Irish citizens. We are also calling on the Irish Government to ensure workers who lose their jobs because of Brexit will be compensated and to invest heavily in our infrastructure to ensure we can continue to export and import goods. We also call for a relaxation of the fiscal rules which hamper significant Government expenditure and tax measures.

We need to be doing things differently. The Government has failed its first big Brexit test. It now needs to step up to the plate and to put up a fight and defend our national interests at the European Council and to do so immediately. We all need to be on board when it comes to that fight and we need to be updated regularly on the negotiations. There is no reason leaders of the Opposition parties or spokespersons should not be updated on the discussions. Day in and day out we are meeting people who are arguing in relation to Ireland's situation but we do not know the Government strategy.

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