Dáil Éireann Debate, Thursday - 25 January 2018
2. Deputy David Cullinane asked the Tánaiste and Minister for Foreign Affairs and Trade the measures his Department is undertaking to protect the Good Friday Agreement in all its parts post Brexit; and if he will make a statement on the matter. [3697/18]
Amharc ar fhreagraThe question is to seek an update from the Department of Foreign Affairs and Trade and from the Minister on the measures that are being taken to protect the Good Friday Agreement in all its parts in the context of Brexit.
I thank the Deputy for giving me an opportunity to give an update in this area. The Government is determined to ensure that the Good Friday Agreement in all its parts is fully protected and respected in the context of the UK’s withdrawal from the EU. As co-guarantor of the Good Friday Agreement, the Government has a responsibility to protect the agreement and the gains of the peace process.
The Government’s programme of engagement with EU partners over the past 18 months and more has ensured that Ireland’s unique issues and concerns have been fully understood by the EU 27 and have been reflected in the EU negotiating guidelines and directives for the Article 50 process. The guiding principles on Ireland and Northern Ireland were published by the European Commission Article 50 task force in September and form the basis for the EU’s engagement with the UK on the shared objectives of protecting the Good Friday Agreement in all its parts and protecting the gains of the peace process.
The negotiations over recent months saw a good political understanding develop on all sides involved in the negotiations of what is required to achieve this objective, which is shared between Ireland, the EU and the UK. In the joint report of the EU and UK negotiators on 8 December, the UK reiterated its commitment to protecting the Good Friday Agreement, including the effective operation of the institutions and bodies of the agreement. The joint report reaffirmed that North-South co-operation is a central part of the Good Friday Agreement and the UK committed to protecting and supporting continued North-South and east-west co-operation across the full range of frameworks of co-operation, including the operation of the North-South bodies. The EU and UK also recognised the birthright of all of the people of Northern Ireland to choose between Irish or British citizenship or to have both and that the people of Northern Ireland who are Irish citizens will continue to enjoy rights as EU citizens, including when they reside in Northern Ireland. That is complicated and I note the Deputy has raised some issues in this regard previously, including questions on court jurisdictions and so on. We will have to try to work through those issues.
In regard to the Good Friday Agreement provisions on fundamental rights and equality, the UK committed in the joint report to ensuring that no diminution of rights is caused by its departure from the EU, including in the area of protection against discrimination enshrined in EU law.
In regard to peace funding linked to the Agreement, there is also a commitment to continue that into the future.
Additional information not given on the floor of the House
In addition, the EU and UK also both committed to honour their commitments to PEACE and INTERREG funding under the current multi-annual financial framework and to examine favourably possibilities for future support.
The phase 2 discussions on the Ireland-specific issues will continue in a distinct strand of the Article 50 negotiations on the detailed arrangements required. The Government will continue to pursue an outcome to the Article 50 process that protects our headline priorities and Ireland’s fundamental interests, including to ensure protection of and respect for the Good Friday Agreement in all its parts.
Michel Barnier, the EU chief Brexit negotiator, said at a parliamentary committee in Madrid on Tuesday that Ireland remains a source of uncertainty in the Brexit talks. As the Minister will know, the joint report and the communiqué that was agreed between Britain and the European Union was described in Europe as a "gentleman's agreement". It has been called a "backstop" agreement in this State.
The difficulty is in the interpretation of protecting the Good Friday Agreement in all its parts. The focus seems to be almost exclusively on trade. What the Government and the Minister need to understand is that the Good Friday Agreement was about more than trade. Trade was only one small part of it. It was also about people's social rights, political rights and rights to equality. A lot of that was underpinned by the Good Friday Agreement. I have two questions for the Minister. Can he commit to citizens in the North continuing to have access to the European Court of Human Rights and European Court of Justice post-Brexit? Furthermore, can he commit to citizens in the North having political representation in the European Parliament, which should also be the right of any Irish citizen and any European citizen? That will be a test of whether we are truly going to vindicate the rights of Irish citizens and European citizens in the North.
First, I personally cannot guarantee anything in these negotiations. My job is to make sure that the agreements in writing between the EU task force and the UK negotiating team take account of Irish issues and Irish concerns. That is what we have been doing to date. However, we have only played the first half of the match. We ensured that everything possible in that first half was achieved. I think there is an understanding in the British Government of the importance of providing reassurance to people in Northern Ireland on issues that go beyond economics.
The text that was agreed on 8 December was not solely focused on economics. It was very strong in regard to citizens' rights, human rights concerns and making sure there was no diminution of rights in the context of fears regarding discrimination. It is a very strong text on those concerns. I had a meeting this week with the Northern Ireland Human Rights Commission and the Irish Human Rights and Equality Commission, which met here together in a joint committee. We spent quite some time talking about concerns that need to be the focus of negotiations in phase 2 on future and transitional arrangements governing the future EU-UK relationship. I can assure the Deputy that these are issues that are live. We are aware of the concerns. However, I am not sure it is reasonable to start demanding absolutes at this stage, in the middle of the negotiations. What we have in the text is significant progress and we need to see that through in phase 2.
I do not raise these issues to be critical of the Minister or the Government. I raise them because they are central and important to citizens in the North and because they underpin the Good Friday Agreement. My point is the Minister is right when he states we need to ensure that Irish citizens who live in the North should continue to enjoy the same rights they currently enjoy as EU citizens. At present, they have access to the European Court of Human Rights and the European Court of Justice. The reasonable question asked by those citizens in the North, who are European citizens, is whether they will continue to do so. At present, they have representation in the European Parliament. It is reasonable to ask whether they will continue to do so.
Whatever the outcome of certain demands, it is reasonable for an Irish Government to put these issues on the table. I heard the Taoiseach today talk about a "Norway-plus" solution for Britain, saying that he wanted the best outcome for Britain and the European Union, that is, the closet possible relationship. What he said is that as there is no solution and no precedent here, anything is on the table. The same can be said of the North. We want special status for the North within the European Union. Why would the Irish Government not take the same approach, whereby everything is on the table and everything is possible?
If the Minister truly wants to vindicate the rights of citizens in the North and to protect the Good Friday Agreement, and all its parts, then those citizens who live in the North cannot have the rights on one hand yet not be able to exercise and vindicate them in the place they live, which just happens to be the North. That is a genuine concern of ours. We will work with the Irish Government and do our best to ensure that we get these type of issues over the line. I am not looking for absolute outcomes because we cannot guarantee them. However, we can expect an Irish Government to make not demands but common sense, practical proposals that will impact on citizens living in the North.
I do not want to stop anybody having their say. However, both the Minister and the Deputy ran over time. I ask Members to stick to time in the last minute. When they run over, a question from another Deputy is not going to be answered down the line. I know there are very important issues to be raised, so please try to stick to the time.
This is a challenging process. The EU generally negotiates on the basis of precedent, laws and regulations and treaties because it is a collection of countries. That is the sensible way to proceed. We have made the case that Ireland is uniquely exposed in a whole series of ways to Brexit. I refer to the peace process and the Good Friday Agreement, and also a protection, trading and citizens' rights perspective and all of the other things that we have raised. We are raising the kind of things that Deputy Cullinane is raising today. We will continue to do that.
When the Taoiseach talks about a Norway-plus model what he is essentially advocating for is the closest possible relationship between Britain and the European Union-----
That is what we want too.
-----with Britain outside of the European Union, recognising that is the commitment that they have made. That is what I advocate for too. Norway is much closer to the European Union-----
I thank the Minister.
-----from a trading perspective than for example Canada is. That is why a Norway-plus model, where the European Union could be generous to Britain in terms of trying to facilitate genuine concerns, and where Britain signals the intent of wanting-----
I thank the Minister.
-----to remain close to the European Union, Single Market and Customs Union, is where we would like the British negotiating team to go.
We support that.
I thank the Minister. We move on to Question No. 3 from Deputy Donnelly, who has 30 seconds.
