Dáil Éireann Debate, Wednesday - 30 May 2018
87. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if his or the attention of his officials has been drawn to the most recent report to the European Parliament Constitutional Affairs Committee on the implications of a hard Brexit and invoking Article XXIV of the GATT which could allow for keeping an open border. [23792/18]
Amharc ar fhreagraI am aware of the report to which the Deputy refers, which is among several papers which have been commissioned by the European Parliament’s Constitutional Affairs Committee to inform its ongoing deliberations on Brexit-related matters. Professor Federico Fabbrini of Dublin City University, the author of the report, also brought it directly to my attention and to that of my officials. It is a welcome addition to the body of research and analysis that is informing the Government’s ongoing contingency planning and our overall approach to Brexit. This report provides an analysis of the default legal framework that would apply in what would be commonly referred to as a “disorderly Brexit” or “no-deal scenario”, including those rules that would be applicable or might be invoked within the WTO and GATT framework. As concerns the specific reference to Article XXIV of the GATT, the author acknowledges that this has never previously been invoked and, given that it only covers some customs controls, it would also fail to address key issues that would entail the need for other checks and controls, such as animal health checks or sanitary and phytosanitary controls. It would therefore not prevent the emergence of a hard border.
This serves to further support the shared analysis of both the EU and the UK that the issues identified in the draft Protocol on Ireland and Northern Ireland as set out in the Withdrawal Agreement are those that need to be addressed within the context of avoiding a hard border on the island of Ireland. In this regard, the Protocol not only addresses the free movement of goods, but also provides for continued regulatory alignment in other areas which are fundamental to the avoidance of a hard border, including but not limited to EU sanitary and phytosanitary rules.
