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Brexit Issues

Dáil Éireann Debate, Tuesday - 7 February 2017

Tuesday, 7 February 2017

Ceisteanna (338)

Michael McGrath

Ceist:

338. Deputy Michael McGrath asked the Minister for Foreign Affairs and Trade if the final terms of the United Kingdom's departure from the European Union will need to be ratified by Dáil Éireann. [6025/17]

Amharc ar fhreagra

Freagraí scríofa

Article 50 of the Treaty on European Union provides the legal framework for withdrawal by a Member State from the EU. It provides that agreement between the EU and the UK on British withdrawal has to be concluded within two years, unless there is unanimous agreement on the extension of the period.

If after the two year negotiation period an EU-UK agreement has not been reached, the UK will exit the EU without such an agreement.

Assuming there is an agreed outcome to the Article 50 negotiations, on the EU side this will need to be approved by a qualified majority in the Council of the European Union, with the consent of the European Union. Unanimity among the Member States is, therefore, not required.

Article 50 does not require that the agreement be ratified by the Member States, so the question of ratification by Dáil Éireann will not arise. However, the Oireachtas has an important role in the national discussions now underway and I expect that these matters will continue to be discussed and debated in both Houses and in Oireachtas Committees on a regular basis.

It is hoped that there will be a further agreement on the UK’s future relationship with the EU, which may cover a broad range of policy areas, including trade. The negotiation of such an agreement is likely to take considerably longer than two years, and in any event could not legally be concluded before the UK leaves the EU. Depending on the content of this agreement, which is subject to negotiation, ratification by each Member State may be required in accordance with its own constitutional procedures. In such an event, it is highly likely that the approval of Dáil Éireann would be required before Ireland could ratify.

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