Dáil Éireann Debate, Wednesday - 28 March 2018
43. Deputy David Cullinane asked the Tánaiste and Minister for Foreign Affairs and Trade the Government's understanding of the goods that will be listed on annex 2.1 of the protocol attached to the European Commission draft withdrawal agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community; and if he will make a statement on the matter. [14252/18]
Amharc ar fhreagraAnnex 2.1 of the proposed protocol attached to the European Commission draft withdrawal agreement lists goods which it says will be covered under any alignment of goods and services between North and South on the island of Ireland. Why is there a list of goods that are being covered, particularly as this would obviously suggest that some goods are not covered? Can the Tánaiste give a broad outline of the goods that are covered?
First, I welcome the progress made on the draft protocol on Ireland and Northern Ireland during the most recent round of negotiations, which concluded on 19 March. This is recorded in an annotated, colour-coded version of the draft withdrawal agreement published by the Commission task force on 19 March, which reflects agreement on some articles of the draft text, including "Common Travel Area" and "Other areas of North-South cooperation".
During the negotiations, the UK accepted that a legally operative version of the backstop for the Border will be included in the withdrawal agreement, that this must be in line with paragraph 49 of the joint progress report agreed last December and that all the issues identified in the draft protocol reflect those that must be addressed. These were important steps forward, which I do not believe everybody has recognised.
The European Council, in agreeing additional negotiating guidelines on 23 March, stressed that work remains to be done in order to achieve overall agreement on the draft withdrawal agreement, especially with regard to the protocol on Ireland and Northern Ireland. It reiterated that nothing is agreed until everything is agreed. To this end, an intensive schedule of negotiations has been agreed between the EU and the UK, with a view to continuing efforts to narrow the remaining gaps on the draft protocol and its annexes. The first round took place earlier this week and more will be held over the coming weeks. Irish officials will be involved in some of these meetings where the task force believes this would be helpful and we will remain in close contact with the task force throughout.
These negotiations include discussions on Article 4 of the draft protocol, which addresses the free movement of goods between Northern Ireland and the EU. The overall aim is to maintain full alignment with those rules of the Single Market and customs union that are necessary to protect North-South co-operation and the all-island economy, as well as to avoid a hard border. It is necessary, therefore, to have comprehensive and accurate lists of all relevant rules, which will be set out in a number of annexes to the protocol. While the Commission, in conjunction with Government Departments, has already done a great deal of work on this, it will be in the course of the EU-UK negotiations that the content of the annexes will be finalised.
With respect, I think the Tánaiste has presented inaccurate information to the House. I read the draft protocol and also the draft withdrawal agreement. It is colour-co-ordinated, as the Tánaiste knows, and every single section that refers to Ireland and the protocol, with the exception of the common travel area, is in white, which means it is still to be agreed. He will also know that Downing Street and the British Prime Minister rejected, out of hand, a legal text that was published by the European Commission. What the British Government is saying is that it agrees in principle to some form of protocol but it has not signed up to any legal text. That is the difficulty here. Yes, there has been progress, and the Tánaiste knows we have recognised progress, but we have a concern in regard to what all of this will mean.
I want to see the North staying in the customs union and the Single Market because that is the best way to avoid any hardening of the Border. I want to see a free trade agreement or some form of customs partnership between Britain and the EU, which would certainly be a big help. However, the backstop arrangement, which we were told was a cast-iron guarantee, only covers areas of North-South co-operation, the all-island economy and the 1998 agreement; it does not cover all goods and all services. My clear question to the Tánaiste is this: if, as a worst-case scenario, the backstop arrangement is put in place, what goods and services will not be covered and be subject to checks, either in factories or on the Border itself?
I am glad I have a copy of the protocol here with me so I can correct the record given the Deputy has just misrepresented the case. It is not true to say that, in the Irish protocol, the only piece in green, which is agreed, is the common travel area, which, by the way, is very welcome. The whole first page is in yellow, which is agreed in principle. The whole second page is in yellow, which is also agreed in principle. The third page on the common travel area is in green, so it is done. The next page, on the single electricity market, is in yellow again. In terms of Article 8 and other areas of North-South co-operation, it is in green - agreed. In terms of Article 10, it is in green - agreed. On Article 9, which relates to state aid, it is in yellow, so major progress has been made.
This is an issue that is serious and has huge implications for the future of our country and of this island, North and South. It is important to be accurate. We have made significant progress regarding the protocol in terms of areas that are already agreed. There are, of course, areas that are contentious and which need future agreement, and that is what we are working on now.
Paragraph 49 is not agreed. As I said, I have read it. I am not colour-blind.
The Deputy has not read it very well.
I have read it very well. Unless it is in green, it is not agreed. We had agreement in principle last November and December. That was when we had a political agreement which we were told was a cast-iron guarantee. My quarrel is not necessarily with the Minister but with the British Government. It seems to accept, in principle, all of these proposals but, in practice, it is not coming forward with proposals. With respect, until we see an agreement which is actually agreed and a text which translates the backstop arrangement into a legal arrangement, then all we have is a political agreement.
While I accept it might be a step forward, it is not black and white. Whatever other colours we can throw about the place, it is not black and white at this point in time. We are concerned we will have some hardening of the Border if all goods and services are not fully and absolutely protected. We do not want to see any checks on goods and services or any hardening of the Border at all.
We are all agreed on that. However, this is a negotiation which will take time. Each time there is a round of agreement and negotiation, Ireland has made progress on each of its key issues. In December, we made a significant step forward in getting agreement on the backstop and how it would work in terms of maintaining full alignment of the rules of the customs union and Single Market to ensure an all-Ireland economy can function. That is a political agreement from which the British Government is not resiling.
It has said it wants to negotiate a legally operable text around what was committed in paragraph 49 in December. That for it, of course, is not the first priority in terms of agreement. It wants to get agreement on option A, a future relationship which does not require the backstop to be used. We support that position. We also will insist, however, as will the EU, that the backstop will be part of a withdrawal agreement before it is signed off. In other words, there will be no withdrawal agreement if there is not a backstop on the Irish Border issue, which is obviously linked to the text in the Irish protocol. That is what is being negotiated this week.
Why are we still quarrelling about the backstop then?
Before we proceed to Question No. 44, I remind Members we have spent 22 minutes on two questions, which is 12 minutes over what we should have spent. That means that two Members will not get their questions answered today. Will all Members stick to the rule agreed of six minutes overall per question?
