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Thursday, 2 Feb 2017

Written Answers Nos. 336-352

US Travel Restrictions

Ceisteanna (336, 337, 338)

Róisín Shortall

Ceist:

336. Deputy Róisín Shortall asked the Minister for Transport, Tourism and Sport his views on the requirements under the Aviation (Preclearance) Act 2009 to enforce President Trump's executive order on immigration; the steps he is taking to ensure legal representation is provided to anyone impacted by this executive order within Irish airports’ preclearance area; his views on a potential conflict between the implementation of this executive order and the Treaty on the Functioning of the European Union, TFEU, in relation to persons with dual citizenship; the steps he is taking to ensure this order does not interfere with obligations of non-refoulement; the measures he is instituting to ensure obligations under the TFEU and the ECHR are fully complied with in the preclearance area; and if he will make a statement on the matter. [5171/17]

Amharc ar fhreagra

Ruth Coppinger

Ceist:

337. Deputy Ruth Coppinger asked the Minister for Transport, Tourism and Sport the discussions he has had with the United States authorities regarding the implementation of the changes to US immigration regulations relating to nationals of countries in the Middle East and the implementation at preclearance here; and if he will make a statement on the matter. [5213/17]

Amharc ar fhreagra

Ruth Coppinger

Ceist:

338. Deputy Ruth Coppinger asked the Minister for Transport, Tourism and Sport his plans to review the operation of the United States preclearance here in view of the recent changes to immigration regulations in the United States. [5214/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 336 to 338, inclusive, together.

Firstly, I would like to state that I strongly disagree with the policy which was recently announced by President Trump to ban travel to the US by nationals of certain countries.

My officials have requested an early meeting of the Ireland-US Preclearance Consultative Group. This is a mechanism outlined in the Preclearance Agreement which allows for representatives from both parties to meet and review any operational issues arising related to the Agreement.

As you know clarification was issued by the Embassy of the United States in Dublin on Tuesday last to the effect that the Executive Order in question does not restrict the travel of dual nationals to the United States, so long as they hold the passport of an unrestricted country and possess a valid US visa, if required. Therefore, Irish citizens travelling to the United States on Irish passports should encounter no difficulties in this regard, as long as they have followed the relevant procedures governing the US Visa Waiver Programme.

The Aviation (Preclearance) Act 2009 provides for a service whereby passengers can avail of the option to be pre-cleared for entry into the United States. The Preclearance service is available to all travellers on a voluntary and non-discriminatory basis.

The preclearance facility is within Irish jurisdiction and the laws of Ireland apply at all times. This is expressly confirmed at Article II(5) of the Preclearance Agreement. Given the fact that US law does not apply, provision is made at Article II(6) of the Agreement to confirm that passengers who wish to avail of preclearance do so on condition that they recognise and consent to the right of the US to grant or refuse preclearance in accordance with its laws.

If someone is refused permission to fly to the US at preclearance in either Dublin or Shannon Airports, the passenger then becomes the responsibility of the Irish authorities who deal with them, in line with Irish law and in accordance with the full human rights protections that apply.  A refusal at US Preclearance has no impact on the rights available to refugees or persons wishing to seek asylum in Ireland.  If they apply for asylum they will be dealt with in the normal way or if they wish to return to their point of origin they will be facilitated.  These are issues for Irish Immigration authorities and US officials have no role in relation to them.

It is my understanding that the operation of the Ireland-US Preclearance Agreement does not conflict with the Treaty on the Functioning of the European Union, nor does it give rise to any breach of obligations under the European Convention on Human Rights.

In light of recent events, An Taoiseach has requested that a review of US Preclearance in Ireland be undertaken by the relevant Departments:- Justice and Equality, Foreign Affairs and Trade and my own Department.  I expect that a report will be made to An Taoiseach next week.

Road Network

Ceisteanna (339)

John Lahart

Ceist:

339. Deputy John Lahart asked the Minister for Transport, Tourism and Sport his plans to supply capital investment for the extension of the N81 route from Tallaght to the border with County Wicklow; and if he will make a statement on the matter. [5217/17]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, Tourism and Sport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and operation of individual road projects is a matter for Transport Infrastructure Ireland (TII) (formerly known as the NRA) under the Roads Acts 1993 to 2015 in conjunction with the local authorities concerned. Noting the above position, I have referred your question to TII for direct reply. Please advise my private office if you don't receive a reply within ten working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Departmental Communications

Ceisteanna (340)

Michael McGrath

Ceist:

340. Deputy Michael McGrath asked the Minister for Transport, Tourism and Sport if he or any Minister of State in his Department uses a personal e-mail account for work purposes; the security controls that are in place in relation to the use of personal e-mail accounts for Department-related business; if his Department has a policy on this matter; and if he will make a statement on the matter. [5261/17]

Amharc ar fhreagra

Freagraí scríofa

I have an official Oireachtas email account and, since my appointment as Minister, an official Departmental email account. I have not, and do not, use private email accounts for official business. In relation to Minister of State Patrick O'Donovan I understand that the Minister of State also has an Oireachtas email address as well as a departmental email address. I understand that the Minister of State uses these email accounts for the vast bulk of his official communications. However, from time to time I understand that when unable to access either, he will use his gmail account to contact his Private Office. These communications have not included any personal or confidential data  and the records are then maintained on the Department's network. My Department has a policy that recognises the security risks inherent in personal email accounts and has specifically included instructions about usage of these accounts. The Minister of State's use does not contravene this policy.

Commencement of Legislation

Ceisteanna (341)

Róisín Shortall

Ceist:

341. Deputy Róisín Shortall asked the Minister for Transport, Tourism and Sport the Acts or sections or other provisions of Acts, coming wholly or partly under the auspices of his Department, or for the commencement of which his Department is wholly or partly responsible, which are not in force and which require the future making of a commencement order; if, in each case, it is intended to make such an order; if so, when; the reason for the failure to make such an order to date; and if he will make a statement on the matter. [5276/17]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy is contained in the following table.

Name of Act

Section

Purpose

Is it Intended to make order

Reason an order has not been made to date

Sea Pollution (Hazardous Substances) (Compensation) Act 2005

6-27 inclusive and Schedule 1 which contains the text of the 1996 HNS Convention

Sections of the Sea Pollution (Hazardous Substances) (Compensation) Act 2005 providing for the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, were not commenced as this Convention did not enter into force internationally.

 When the 2010 Convention enters into force internationally, it is intended that the remaining sections of the Act will be commenced.

Yes (subject to international entry into force of the 2010 Protocol to the HNS Convention)

The relevant sections were not commenced as this Convention did not enter into force internationally.

 

When the 2010 Protocol to the HNS Convention enters into force internationally, it is intended that the remaining sections of the Act will be commenced.

Aer Lingus Act 2004

Section 2

 

 

Certain repeals provided for involving the Air Companies Act 1966 and the Air Companies (Amendment) Act 1969 will not be effected as long as the State remains a shareholder in Aer Lingus

No

Will not be effected as long as the State remains a shareholder in Aer Lingus

Tourist Traffic Act 1957

5(1) (iii)

 

 

Unauthorised use of titles protected by the Tourist Traffic Acts

No plans at present

It is not clear from the relevant files why the provision was not commenced at the time. There are currently no plans to do so.

Tourist Traffic Act 1970

6(d)

 

 

Unauthorised use of titles protected by the Tourist Traffic Acts

No plans at present

It is not clear from the relevant files why the provision was not commenced at the time. There are currently no plans to do so.

Tourist Traffic Act 1983

7(4)

 

 

Unauthorised use of titles protected by the Tourist Traffic Acts

No plans at present

It is not clear from the relevant files why the provision was not commenced at the time. There are currently no plans to do so.

RSA Commercial Vehicle Roadworthiness Act 2012

Sections 36

Detention of vehicles, etc., by authorised officers and CVR inspectors.

N/A

Regulations Required

 

Section 43

Amendment of Second Schedule to Act of 1961 — consequential disqualification

N/A

Regulations Required

 

Section 45

Amendment of section 41 of Road Traffic Act 1994 - detention of vehicles.

N/A

Regulations Required

Road Traffic Act 2016

Entire Act

A variety of road traffic and safety matters

Yes

This Act was signed into law only on 27/12/2016.  The Department is currently engaging with key stakeholders with a view to commencing provisions in the Act as soon as practicable.

Road Traffic Act 2010

Sections 3 and 5

(with the exception of Sections 48 and 55

Part 3. Fixed Charge Offences and Notices

Part 5. Penalty Points

yes

Will be commenced with 2016 provisions in June 17

 

Part 4, Sections 50-52

Payment deposit from non-resident drivers in respect of certain offences.

N/A

Agreement with stakeholders required

 

Part 9, Sections 75, 82, 85 (d)

Miscellaneous provisions

N/A

Regulations required

Road Traffic Act 2014

Section 6

In relation to Driver Licensing

yes

Commenced June 2015

Merchant Shipping (Registration of Ships) Act 2014

Whole Act other than section 69

The main purpose of the Act is to replace and update the Mercantile Marine Act 1955, as amended, and provide a legal framework for the establishment and regulation of a modern and comprehensive ship registration system that will be more efficient, user friendly and accessible for ship owners.

Not at this time.

Full commencement of the Act requires the establishment of a new electronic Irish Register of Ships and registration regime which will be progressed under a separate IT project.  New ship registration regulations are also required to complement the IT project.

Dublin Transport Authority Act 2008

Section 61

 

Road User information system

No current plans.

Consideration is required of the interplay between the section and EU Directives which were agreed in the years following the Act.

Dublin Transport Authority Act 2008

Section 114

disposal of CIE property

Not currently

Revised Code of Practice for the Governance of State Bodies has updated provisions relating to property disposal which substantially replicate this legislative provision.

Vehicle Clamping Act 2015

The Act

An Act to provide for the regulation of the immobilisation of vehicles and related activities in certain places

Yes

Drafting error required rectification, said error has recently been rectified through Road Traffic Act 2016 and once that Act is commenced (expected Q1) , the Vehicle Clamping Act can be commenced.

Taxi Regulation Act 2013

Section 49

Fixed payment following service of a summons in order to pre-empt a court hearing

 

Yes

Section 49 relates to the payment of Fixed Notice Payments and the "Third payment option". Work is continuing in the Department and with the relevant Agencies towards its commencement

Vehicle Registration Data

Ceisteanna (342)

Tony McLoughlin

Ceist:

342. Deputy Tony McLoughlin asked the Minister for Transport, Tourism and Sport the number of new vehicles purchased and registered here between 2008 and 2016, by county; and if he will make a statement on the matter. [5283/17]

Amharc ar fhreagra

Freagraí scríofa

The details requested are a matter for the Revenue Commissioners, Department of Finance as they have responsibility for the registration of all new and imported vehicles in the State.

Haulage Industry Regulation

Ceisteanna (343)

John Brassil

Ceist:

343. Deputy John Brassil asked the Minister for Transport, Tourism and Sport if he will delay the implementation of the maximum regulatory weight laden limit for five or more axle non-articulated trucks to allow the industry carry out necessary modifications and works to vehicles, as there is currently a backlog in fulfilling these changes; and if he will make a statement on the matter. [5287/17]

Amharc ar fhreagra

Freagraí scríofa

Five axle rigid vehicles are a recent phenomenon on Irish roads. Across the EU there is no maximum weight 'norm' for these vehicles and a lacuna in Ireland's Construction and Use Regulations has meant that a maximum weight limit for such has hitherto remained unstipulated. While a Transport Infrastructure Ireland commissioned study recommended a 36 tonne maximum weight limit for such vehicles, a regulatory exemption, subject to certain technical requirements, will apply to those rigids with five (or more) axles which have already been plated to operate at 39 tonnes and which are in service before 1 March 2017. Separate to this the RSA has anticipated that there may be truck body builders who are presently at an irrevocable stage in the manufacture of five axle rigids which have manufacturer installed axles, come approved with a second stage incomplete EC 2007/46 Whole Vehicle Type Approval for a Gross Vehicle Design Weight of 39 tonnes, and which are compliant with all current and future RSA technical requirements for such vehicles.

Where such vehicles are at an irrevocable stage of manufacture (prior to the date of the original RSA notification on this matter on 1 December last), the RSA will consider, on a case by case basis, the feasibility of such vehicles being included as part of the aforementioned regulatory exemption.

Question No. 344 answered with Question No. 325.

Brexit Issues

Ceisteanna (345)

James Lawless

Ceist:

345. Deputy James Lawless asked the Minister for Jobs, Enterprise and Innovation the work her Department is engaged in to allow the Government to be in a position to provide State aid to businesses that directly and detrimentally are affected by Brexit; and if she will make a statement on the matter. [5078/17]

Amharc ar fhreagra

Freagraí scríofa

The Government is acutely conscious of the uncertainty created by the result of the 2016 UK Referendum and the need to consider the types of supports that Irish businesses may require to address any adverse trading conditions arising as a result of Brexit. Clearly, volatility in exchange rates has been challenging for exporters who are reliant on the UK market, operate with low margins and have no hedging strategy in place.

Given that Brexit is likely to represent a structural shift in the UK trading relations with partners, short, medium and long term responses are needed. These include market diversification, cost reduction, innovation and price repositioning. My Department, Enterprise Ireland (EI) and the Local Enterprise Offices (LEOs) have measures in place to address these issues for client companies.

The LEOs are working in partnership with EI to ensure consistency in terms of delivery of Brexit interventions which will be based on the fundamental process of information provision, analysis, planning and support mapping and delivery. The LEO Capital allocation was increased by €4m for 2017 and the LEOs will use the additional monies to enhance the competitiveness and longer-term sustainability of start-ups, micro and small firms, which is of critical importance in the context of Brexit. Targeted initiatives will be rolled out through every LEO to develop capabilities in innovation, market diversification, cost competitiveness and business management.

In addition, I secured additional monies for 2017 to provide for 39 targeted posts in Enterprise Ireland to enable it to support its clients across all markets. EI will provide various targeted supports and programmes in terms of management capability, leadership, marketing/sales skills, innovation and R&D to help companies to build market share and create new market opportunities. EI will also deliver a suite of supports that help clients reduce supply-chain costs and drive efficiencies and cost reductions as a means of improving operating margins, thereby increasing competitiveness.

Last autumn, officials of my Department initiated discussions with senior officials from DG Competition to sensitise them to the potential difficulties to be encountered by Irish businesses in the UK market arising from the Brexit referendum result. These discussions are by no means over and will continue to address all relevant issues relating to any proposals emerging from my officials’ engagement with industry.

My Department, working closely with the Department of Finance, the Strategic Banking Corporation of Ireland (SBCI), EI and stakeholders (such as SFA, ISME, IBEC and Chambers), has conducted a structured engagement with a diverse range of companies across sectors and regions. The purpose of this engagement is to construct an evidence base on which appropriate, tailored and targeted responses can be delivered to meet real identified business needs. Work on this is well advanced and we hope to have the results of the structured engagement shortly.

The outcome of the structured engagement, along with market developments as a result of Brexit, will inform further discussions with the Commission and the development of any further initiatives to business.

Industrial Development

Ceisteanna (346)

Brendan Smith

Ceist:

346. Deputy Brendan Smith asked the Minister for Jobs, Enterprise and Innovation her plans to ensure that Cavan town is considered by IDA Ireland for the location of a project (details supplied); and if she will make a statement on the matter. [5085/17]

Amharc ar fhreagra

Freagraí scríofa

I understand that Cavan will be included in a study, currently being commissioned by IDA Ireland, to identify potential strategic land banks for the sustainable development of large-scale data centre projects. This will evaluate all viable land options nationally and will be conducted over a number of stages. For a site to be considered suitable, I am informed that it must be both supported by the necessary infrastructure and compatible with the evolving needs of data centre investments.

This study is part of IDA Ireland's wider strategy to ensure that Ireland and its regions are best able to win and sustain mobile data centre investments of scale. In recent times companies including Facebook, Apple, Microsoft and Google have announced significant data centre investments for Ireland and the goal is to ensure that this trend continues.

Departmental Agencies Staff Data

Ceisteanna (347)

Niall Collins

Ceist:

347. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the total number of staff in the Office of the Director of Corporate Enforcement for each of the years 2010 to 2016 and to date in 2017, divided by account, administrative staff, legal personnel and other staff, in tabular form; and if she will make a statement on the matter. [5168/17]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy is provided in the following table:

No. of staff* serving in the Office of the Director of Corporate Enforcement (ODCE) (2010-2017)

GRADE

2010

2011

2012

2013

2014

2015

2016

Director

1

1

1

1

1

1

1

Corporate Compliance Manager

1

1

1

1

1

1

0

Legal Adviser

3

3

3

3

3

3

2

Principal Solicitor

1

1

1

1

1

1

1

Principal Officer

2

2

1

1

1

1

1

Professional Accountant Grade 1

2

2

2

1

1

0

5

Solicitor

2

2

2

2

2

1

1

Assistant Principal Officer

4

4

4

4

3

3

3

Higher Executive Officer

11

12

9

9

8

8

8

Executive Officer

8

7

6

6

6

6

5

Clerical Officer

8

7

8

8

8

8

8

Total

43

42

38

37

35

33

35

Gardaí**

10

10

10

8

7

6

5

* Refers to number of people not FTE’s (Full-Time Equivalents)

** A staff complement of 7 Gardaí are assigned to the ODCE to assist with its criminal investigation/prosecution functions. Additional resources were assigned to the Office in the period 2010-2013 to assist in the Anglo Irish Bank investigation.

Following his appointment, the current Director undertook a review of the structure of the ODCE, together with the staffing and skills mix available to him. That review identified, in particular, a significant skills deficit in the area of accountancy expertise. Following that review, the Director sought, and was granted, sanction to recruit a cohort of new accountants. Following engagement between my Department, the Director and the Public Appointments Service, five accountants have been recruited and the process of recruiting a further two is in progress. More recently, the Director has sought, and has received, sanction to recruit a digital forensics specialist. My Department is currently working with the Director and the Public Appointments Service to fill that position. In addition, and due to a combination of retirement, promotion and transfer, three senior enforcement positions are currently vacant. My Department is working with the Director towards the filling of those vacancies with suitably qualified and experienced candidates.

The ODCE also has an approved complement of seven members of An Garda Síochána (one Detective Inspector, two Detective Sergeants and four Detective gardaí). The Detective Inspector retired some months ago, there is a retirement related vacancy at Detective Garda level and one of the two Detective Sergeants is retiring in the coming weeks. The Director has requested the Commissioner to fill the two more senior of these vacancies as a matter of urgency.

Industrial Development

Ceisteanna (348)

Niall Collins

Ceist:

348. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the status of IDA plans to find land suitable for new data centres; the number of sites in each county that are being considered, in tabular form; and if she will make a statement on the matter. [5192/17]

Amharc ar fhreagra

Freagraí scríofa

I understand that IDA Ireland is currently seeking submissions to undertake a study to identify potential strategic land banks in Ireland for the sustainable development of large-scale data centre projects. The closing date for the receipt of submissions is 21 February 2017.

This study will evaluate all viable land options nationally and will be conducted over a number of stages. For a site to be considered suitable, I am informed that it must be both supported by the necessary infrastructure and compatible with the evolving needs of data centre investments.

This study is part of IDA Ireland's wider strategy to ensure that Ireland and its regions are best able to win and sustain mobile data centre investments of scale. In recent times companies including Facebook, Apple, Microsoft and Google have announced significant data centre investments for Ireland and the goal is to ensure that this trend continues.

IDA Ireland Data

Ceisteanna (349)

Niall Collins

Ceist:

349. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the number of persons employed under the IDA’s winning abroad programme over 2014 to 2016 and to date in 2017, in tabular form; the number of these employment contracts that will end by 31 December 2017; and if she will make a statement on the matter. [5193/17]

Amharc ar fhreagra

Freagraí scríofa

The “Winning Abroad” programme was launched by IDA Ireland in 2014. It provided for the engagement of up to 35 additional personnel by the Agency to deliver new jobs for Ireland. Its other key objectives included targeting new forms of foreign direct investment and broadening the geographic base from which the Agency seeks and secures overseas investment.

I understand that IDA Ireland has employed 34 individuals under the programme, although the current number stands at 32. The contracts of all these employees were on the basis of three-year fixed-term durations. However, as these officials were appointed at different times, the conclusion date of their original contracts varies accordingly with 17 due to expire later this year.

Winning Abroad Contracts Start and End Dates

Contracts

End date 2017

End Date 2018

End Date 2019

Start Date 2014

17

Start Date 2015

13

Start Date 2016

2

IDA Ireland Data

Ceisteanna (350)

Niall Collins

Ceist:

350. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the number of IDA client visits to each county in 2015 and 2016, by month and by county, in tabular form; and if she will make a statement on the matter. [5194/17]

Amharc ar fhreagra

Freagraí scríofa

IDA Ireland maintains statistics of site visits by potential investors on a quarterly basis only. In 2016, there were 638 site visits countrywide, up from 565 in 2015. The following table sets out, on a county-by-county basis, the number of IDA Ireland-sponsored site visits for 2015 and 2016. 

It is important to note that data on site visits is not necessarily an accurate reflection of the level of foreign direct investment (FDI) activity in a region or county. This is partly because approximately 70% of all FDI won by IDA Ireland comes from its existing client base rather than from new companies. The true level of FDI in Ireland is better measured by reference to IDA Ireland’s record 2016 results. The Agency’s client companies created just under 19,000 (18,627) jobs during the year across a range of sectors, with every region of Ireland posting net employment gains.

IDA Ireland Site Visits by County 2015-2016

County

2015

2016

Carlow

1

9

Cavan

0

2

Clare

12

18

Cork

48

49

Donegal

5

7

Dublin

242

284

Galway

41

42

Kerry

6

3

Kildare

7

8

Kilkenny

10

10

Laois

4

6

Leitrim

8

8

Limerick

40

49

Longford

2

6

Louth

20

24

Mayo

3

5

Meath

7

8

Monaghan

2

2

Offaly

8

4

Roscommon

2

1

Sligo

15

20

Tipperary

12

8

Waterford

31

17

Westmeath

28

36

Wexford

4

7

Wicklow

7

5

565

638

Trade Agreements

Ceisteanna (351, 352)

Niall Collins

Ceist:

351. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation if World Trade Organisation rules will apply between the EU and the UK in the event that a trade deal between the UK and the EU is not completed by the end of the Article 50 process; and if she will make a statement on the matter. [5195/17]

Amharc ar fhreagra

Niall Collins

Ceist:

352. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation her views on the prospect of a free trade agreement between the EU and the UK and the application of state aid rules in the EU and the UK; and if she will make a statement on the matter. [5196/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 351 and 352 together.

The UK’s exit negotiations from the EU will not commence until Article 50 has been triggered, which the UK Government have indicated they intend to do no later than the end of March 2017.  These negotiations could take the maximum allowed period of two years to complete. Ultimately any deal on Article 50 will require the agreement of the EU Commission, Council and Parliament.

I understand that the UK will be seeking a Free Trade Agreement with the European Union and to secure the closest possible future relationship for Britain with the EU, a goal that Ireland shares.

Until the UK leaves the EU, all types of subsidies, both within the UK and across the other 27 EU Member States are subject to the discipline imposed by EU State Aid law.

Provisions on state aid (subsidies) and competition are a common feature of EU Free Trade Agreements to ensure any aid granted by authorities to private entities does not distort competition.  The terms of any future free trade agreement, including state aid rules, would be a matter for the EU 27 and the UK to agree as part of any negotiation.

Notwithstanding what the EU and UK agree to bilaterally, both remain bound by their obligations under the WTO, which has its own set of subsidy rules contained in the Agreement on Subsidies and Countervailing Measures.  WTO subsidy rules are similar in principle to EU State aid rules in many respects.

The World Trade Organisation (WTO) currently has 164 members which between them are responsible for 95% of world trade.  It is a negotiating forum for its members to create international trade rules, and an organisation to oversee how they put the rules into practice.

 It is unclear what trading arrangements will apply among WTO members in relation to the UK and the EU following the end of the Article 50 process.  There is no WTO precedent in this regard.  The UK cannot simply ‘cut and paste’ the terms of its current membership (as part of the EU) and carry those terms over. Depending on the terms of Brexit, at least some of these schedules will need to be rewritten, as the UK exit of the EU will affect the EU’s own commitments to other WTO members.

The EU’s current WTO schedules specify tariff levels for more than 5,000 categories of goods. Each of these tariffs could, in principle, need to be re-visited and renegotiated, depending on policy decisions taken by the UK Government and the attitude taken by other countries.

It will be a matter for the UK in the first instance to decide how best to approach its future position in the WTO.  The UK approach in this regard will also need to be cognisant of the EU Commission’s competency in trade matters while the UK remains a member of the EU.

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