Dáil Éireann Debate, Tuesday - 20 February 2018
127. Deputy Stephen S. Donnelly asked the Tánaiste and Minister for Foreign Affairs and Trade his plans to maintain the backstop within the December 2017 Brexit agreement as it relates to Northern Ireland; and if he will make a statement on the matter. [8734/18]
Amharc ar fhreagra128. Deputy Stephen S. Donnelly asked the Tánaiste and Minister for Foreign Affairs and Trade the enforcement mechanisms that he is seeking to be included in the legal text that will give effect to the 8 December 2018 phase 1 agreement on the UK's departure from the EU and in particular paragraph 49; and if he will make a statement on the matter. [8767/18]
Amharc ar fhreagra129. Deputy Stephen S. Donnelly asked the Tánaiste and Minister for Foreign Affairs and Trade if he has had formal or informal discussions with his EU counterparts regarding the 8 December 2018 phase 1 agreement on the UK's departure from the EU and in particular paragraph 49; the commitment (details supplied) given in the agreement that can be enforced; and if he will make a statement on the matter. [8768/18]
Amharc ar fhreagraI propose to take Questions Nos. 127 to 129, inclusive, together.
The decision of the European Council (Article 50) on 15 December that sufficient progress had been made in phase 1 of the EU-UK negotiations, and that they could now move to phase 2, was very welcome.
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, based on the principles and commitments set out in the Joint Report from the EU and UK negotiators published on 8 December 2017, including as regards Irish-specific issues.
It included clear 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, there is a guarantee that a hard border, including any physical infrastructure and associated checks and controls, will be avoided, and there are commitments as to how this will be achieved. Avoiding a hard border is described as an “overarching requirement.”
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 and remains the Government’s preference, or through specific solutions proposed by the British Government, there will be 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.
These very strong political commitments and guarantees must now be reflected in the Withdrawal Agreement, which will be legally binding and must be agreed before the UK’s departure from the EU on 29 March 2019. Detailed and intensive engagement between Irish officials and the Taskforce is now under way as the Taskforce prepares a first draft of the Withdrawal Agreement, which on approval by the Council (Article 50) will be the basis of negotiations with the UK.
This engagement includes work on elaborating the mechanisms to ensure implementation and oversight of the arrangements, as referred to in paragraph 51 of the Joint Progress Report. Such mechanisms will need to be effective and workable.
Moreover, the additional negotiating Guidelines adopted by the European Council (Article 50) on 15 December 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.
I and my officials continue to set forward Ireland’s position on these issues at EU level through the General Affairs Council (Art. 50) and the relevant preparatory bodies as well as through bilateral contacts with Michel Barnier and the EU Taskforce and EU27 counterparts. My ongoing programme of bilateral engagement has, most recently, included my meetings with Foreign Minister Linas Linkevièius of Lithuania and Foreign Minister Angelino Alfano of Italy, which took place on 13 and 14 February respectively.
