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Brexit Issues

Dáil Éireann Debate, Thursday - 25 January 2018

Thursday, 25 January 2018

Ceisteanna (49)

Eamon Ryan

Ceist:

49. Deputy Eamon Ryan asked the Tánaiste and Minister for Foreign Affairs and Trade further to the UK Secretary of State for the Exiting of the European Union's comments in December 2017 that the agreement between Ireland and the UK was a statement of intent and not legally enforceable, his views on these comments; and his further views on whether the commitments agreed to are legally enforceable. [3850/18]

Amharc ar fhreagra

Freagraí scríofa

I welcome the decision of the European Council on 15 December that sufficient progress had been made in phase 1 of the negotiations and that the negotiations can now move to phase 2, as well as the adoption of additional negotiating Guidelines on the same day.The decision by the European Council that sufficient progress had been achieved was taken on the basis of a recommendation from the EU’s lead negotiator Michel Barnier. This recommendation was based on the principles and commitments set out in the Joint Report from the EU and UK negotiators on progress in phase one of the Brexit negotiations, published on 8 December 2017. This Joint Report details the important commitments made in Phase 1 on EU citizens’ rights and on the financial settlement that must be agreed between the EU and the UK on the UK’s departure. On the Irish-specific issues, the Government achieved the goals we set out to achieve in this phase. We have secured concrete commitments on the maintenance of the Common Travel Area, and on the protection of the Good Friday Agreement in all its parts and the gains of the peace process. Crucially, we now have a written guarantee that a hard border, including any physical infrastructure and associated checks and controls, will be avoided and have commitments as to how this will be achieved.

In the event that it is not possible to resolve the border issue as part of a wider EU-UK future relationship agreement, which has always been the Irish Government’s preference, or through specific solutions proposed by the British Government, we have a firm back stop in the UK’s commitment that it will maintain full alignment with those rules of the Customs Union and Single Market which support North South cooperation, the all-island economy and protect the Good Friday Agreement in all its parts. Moreover, such an arrangement must be compatible with the UK’s guarantee of avoiding a hard border, which is an ‘overarching requirement.’

The Joint Report agreed between the EU and UK is far more than a statement of intent – as the British Government accepts. It represents a set of very strong political commitments and guarantees. These must now be reflected in the Withdrawal Agreement which will be legally binding and must be concluded before the UK’s departure from the EU on 29 March 2019. This work is now under way.

Moreover, the additional negotiating Guidelines adopted by the European Council on 15 December last make clear that negotiations in phase two can only progress as long as all commitments undertaken in the first phase of the negotiations are respected in full and translated into legal terms as quickly as possible through the elaboration of the formal Withdrawal Agreement, including with regard to the Irish-specific issues.

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