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Brexit Negotiations

Dáil Éireann Debate, Thursday - 26 November 2020

Thursday, 26 November 2020

Ceisteanna (6, 40)

Christopher O'Sullivan

Ceist:

6. Deputy Christopher O'Sullivan asked the Minister for Foreign Affairs the status of negotiations between the European Union and the United Kingdom with regard to the future relationship; and if he will make a statement on the matter. [38449/20]

Amharc ar fhreagra

Éamon Ó Cuív

Ceist:

40. Deputy Éamon Ó Cuív asked the Minister for Foreign Affairs the progress to date with the Brexit discussions between the EU and Britain; and if he will make a statement on the matter. [38364/20]

Amharc ar fhreagra

Freagraí ó Béal (12 píosaí cainte)

For clarity at the outset, as this question is grouped with Deputy Ó Cuív's Question No. 40, am I correct in saying that both Deputy Ó Cuív and I will get two one-minute slots each for supplementary questions after the initial question?

Yes. There is to be one 30-second introduction, then the Minister will respond. Both Deputies will then be allowed supplementary questions if the Minister proposes to take the questions together.

Very good. I seek an update on negotiations between the EU and the UK in respect of Brexit.

I propose to take Questions Nos. 6 and 40 together.

Negotiations on the EU-UK future relationship have entered an even more intensive phase since 21 October, with negotiating teams working daily to close the gaps between the two sides. Due to a member of one of the negotiating teams falling ill with Covid-19, talks at chief negotiator level were temporarily suspended late last week. The talks have now resumed and the negotiating teams are continuing their work online.

A brief update on Brexit was provided by President von der Leyen at a videoconference of EU leaders on 19 November. On 20 November, she noted that recent days had seen movement on some of the key areas, including that of state aid, although further work remains to close the remaining gaps. That is now the focus of the negotiating teams.

The Deputies will appreciate that this process has reached a particularly sensitive point. It is clear that unlocking a deal will only be possible if appropriate arrangements are found with regard to the key issues of the level playing field for open and fair competition, governance and fisheries, a key national interest for Ireland.

In intensifying the negotiations in October, both sides agreed that regardless of progress in individual workstreams, nothing is agreed until an overall agreement is reached. Nevertheless, we understand that progress has been made in recent weeks in a range of other areas of importance to Ireland, including connectivity and police and judicial co-operation.

Any deal must involve compromises on all sides but a deal cannot come at any price. The EU cannot accept proposals that impact on the integrity of the Single Market or damage the long-term political and economic interests of the Union. We recognise that the UK also has its red lines. The work of the negotiators is to find a set of arrangements that respects both EU and UK values and interests and which gives us a strong and sustainable framework for the vital co-operation between us in the future.

Michel Barnier has our full support, and the support of the entire EU 27, at this crucial moment in the negotiating process. As the EU’s chief negotiator, he has been central to the united and cohesive approach of the EU 27 throughout the Brexit process, including during its most critical moments. The universal confidence and respect he inspires in EU capitals is testament to his efforts.

My colleagues in government and I have remained in close contact with our European counterparts over recent times. I acknowledge the absolute and unflagging support and solidarity our EU partners have demonstrated throughout the Brexit process. They have always recognised the unique ways in which Ireland, North and South, is affected by Brexit. This concern has expressed itself through the EU mandate and draft legal text and through the words and actions of our partners. I have no doubt that we will continue to enjoy their solidarity.

Irrespective of the outcome of the ongoing negotiations, the end of the transition period will bring substantial and lasting change. This means that business and citizens must take action now to be ready for 1 January. I particularly emphasise that, with or without a trade deal, any business that moves goods from, to or through Great Britain will be subject to a range of customs formalities, sanitary and phytosanitary checks and other regulatory requirements that do not apply to such trade today.

I also take this opportunity to remind the House that, regardless of the outcome of the talks, the full, effective and timely implementation of the withdrawal agreement, including the protocol, remains vital and that this is an internationally binding legal obligation on both sides. The protocol on Ireland and Northern Ireland is explicitly designed to operate regardless of whether an EU-UK future relationship agreement is in place. I look forward to updating the House further as developments in the negotiations arise.

There are certain things we cannot say right now. The negotiations are difficult at the moment but we are hopeful they can have a positive outcome.

I appreciate that the Minister is restricted in some of the things he can say. Negotiations are obviously at a sensitive stage. I do not envy the Minister his job but I certainly appreciate his dedication to finding a resolution.

I will focus on the fishing industry and fisheries. I read a concerning report in The Irish Times today to the effect that France is seeking the lion's share of the €5 billion compensation fund. That will create a major concern for the Irish fishing fleet and industry. I am keen to hear an update, if possible, on where fisheries stand.

There are two aspects to this. The first is future access for the Irish fleet to UK waters. The Minister knows well that the Irish fleet relies heavily on UK waters for its current catch. The second is the issue of compensation and where we stand on the Irish fleet getting its fair share of the €5 billion compensation fund.

Does the Minister agree that it is in Ireland's overwhelming national interest that an agreement be reached between the EU and the UK rather than having a no-deal Brexit? Will he indicate the absolute latest date for this? Is 31 December the latest date by which we can come to an agreement? Could an agreement signed as late as the end of next month be ratified after 1 January? There are reports that this might be possible and that the talking might go on until the last minute. If this is necessary, we should do it ensure no stone is left unturned in trying to reach an agreement between the European Union and the UK. Ireland will be the big loser in the absence of an agreement.

I will address Deputy Ó Cuív's questions first. I will then respond on fishing, although I imagine Deputy Ó Cuív is interested in fishing too in the context of Ros an Mhíl and other ports.

First, we want a deal. That is absolutely the case. We have been working towards that end for four and a half years now. Since the UK made the decision to leave the European Union, we have been working with all sides to try to find a fair and acceptable deal that protects Irish interests, Ireland's place in the EU Single Market and our relationship with the UK, especially in the context of relationships on the island, North and South. It has been an incredibly complex process. So far, Irish interests have been factored in to the solutions that have been agreed. We must try to ensure that the final agreement on a future relationship and a trade agreement can be reached in a way that does the same. However, that is not easy and the outstanding issues around fair competition, fisheries and governance in respect of the level playing field are proving difficult to make progress on, if the truth be told. I hope the negotiators will be able to do that.

I was asked about the timelines. I have said this more than once that we are running out of time. There is a ratification process that will take several weeks. The commitment from both sides is to get a deal done and ratified before the end of the year. Legalities and the obligations on trade change from 1 January when the UK will be outside the customs union and the Single Market. This has consequences and could be singularly disruptive, in particular for Ireland and Britain but also for some other EU member states. The incentive to get a deal is strong given the cost of failure.

As a former Minister with responsibility for fisheries, this issue is one in which I am especially interested. I have spent many hours discussing how to find a way forward on fishing that is fair to the Irish fishing fleet and that protects their interests. We are trying to find a way in these negotiations to ensure fishing is part of a broader agreement. This broader agreement should recognise that the UK is being accommodated in terms of accessing EU Single Market areas, whether on energy, aviation, road haulage, data, data security or financial services. The EU has a legitimate request in accessing UK waters in the context of its legitimate fishing interests that go back many decades. We are looking for a fair outcome. We are also want to ensure that, whatever the outcome, there is fair burden-sharing across the European Union and that any support packages are available.

The Minister will have another opportunity to contribute on this question.

I am interested in fish, first and foremost, and in keeping the fishing industry intact, as opposed to relying on compensation.

I am fully aware that the Minister has a keen interest in this issue as a former Minister with responsibility for the fisheries sector. He is a keen mariner and he is familiar with Cork coastal communities such as those in Kinsale, Union Hall and Castletownbere, which is the biggest fishing port. He is aware of how important access to UK waters will continue to be for these fishing communities. He is also aware of the devastating impact that not having access to UK waters would have on the industry and the communities it serves. I ask him to elaborate on that a little.

The Minister stated that his interest is in fish. Protection of fish stocks is absolutely vital. What if European vessels are frozen out of UK waters and boats from France and Spain come to Irish waters instead? Our waters are incredibly rich and we are lucky to have them. In such a scenario we could jeopardise fish stocks and biodiversity as well as an industry that is important to the country. I ask the Minister to elaborate a little on that.

Does the Minister agree that, in the event of a no-deal Brexit, Northern Ireland, as compared to anywhere else in the European Union, including this State, will be in a uniquely favourable position with tariff-free access to both the British and European markets? Moreover, it will be the only sterling area within the Single Market. Are there concerns in the Government about the disadvantage that would put this part of the island at in the event of a no-deal Brexit?

The fishing question is about access, quota share and fleet displacement. We are trying to ensure our fishing interests are protected in all these areas. The danger is that the conversation moves to compensation as opposed to protection of fishing interests and access to quota share. I have tried to resist that throughout this process. First and foremost, the Government and I are interested in protecting fishing interests to ensure we have a fishing industry in future. The issue of the Brexit adjustment fund and what proportion of it goes to fishing and so on is separate. I have had conversations with the Commission on the matter. I am confident that Ireland will do well in the context of the Brexit adjustment fund, but it should not be seen as a fisheries fund. Many other areas are being disrupted and will need financial support to help them to get through that disruption. Help will be needed to reconfigure and reshape certain sectors of our economy linked to Brexit.

For me, fishing is about trying to hold on to as many fishing opportunities as possible across the pelagic and demersal sectors. What we are seeing in the negotiations is a breakdown of the sector stock by stock and a discussion between the two negotiating teams on access and quota share. We need to continue to deliver this while also ensuring that the issue of fish is part of the broader negotiation and not isolated from the other issues. I believe it would be dangerous for us to move there.

I will make one final point as there were two questions.

We must talk more about the advantages for Northern Ireland and the all-island economy that will come from the full implementation of the protocol here. It is an extraordinary position for the EU to have granted Northern Ireland full, unfettered, tariff and check-free future access to the Single Market of 450 million consumers. That is in addition to ensuring unfettered access for Northern Ireland into Great Britain. There is an upside to that which we should see and share with Northern Ireland, as opposed to seeing it as a threat. We should view Ireland as an island for economic purposes and as an all-island economy, and we should ensure that the protocol works in that context.

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