Dáil Éireann Debate, Wednesday - 10 November 2021
125. Deputy Colm Burke asked the Minister for Foreign Affairs the practical supports that are in place if Article 16 of the Northern Ireland protocol is triggered by the UK in respect of trade between the two jurisdictions on the island of Ireland; and if he will make a statement on the matter. [55008/21]
Amharc ar fhreagra126. Deputy Colm Burke asked the Minister for Foreign Affairs if he will confirm the preparatory measures that have been taken in the event Article 16 of the Northern Ireland protocol is triggered by the UK; and if he will make a statement on the matter. [55009/21]
Amharc ar fhreagra127. Deputy Colm Burke asked the Minister for Foreign Affairs the mechanisms that are in place by the Government which would help identify the circumstances which could entitle conditions necessary for Article 16 of the Northern Ireland protocol to be triggered; and if he will make a statement on the matter. [55010/21]
Amharc ar fhreagra128. Deputy Colm Burke asked the Minister for Foreign Affairs if Article 16 of the Northern Ireland protocol is triggered, the tariffs that could be imposed on the UK by the EU; the preparatory measures that are being considered for the protection of trade on the island of Ireland; and if he will make a statement on the matter. [55011/21]
Amharc ar fhreagraI propose to take Questions Nos. 125 to 128, inclusive, together.
As the Taoiseach stated in the Dáil last week, any decision from the British government to trigger Article 16 would be irresponsible, unwise, and reckless.
The European Commission has listened to the concerns of citizens and business in Northern Ireland about the Protocol and produced a comprehensive set of proposals to address the issues that matter most to them. The Commission proposals represent a real opportunity for Northern Ireland. I believe that the Protocol will work if we allow it to with flexibility and pragmatism. The Protocol was agreed and ratified by this British Government and they have a duty to deliver on their commitments. Article 16 of the Protocol allows either party to take safeguard measures if the Protocol is leading to “serious economic, societal or environmental difficulties” that are liable to persist or to a diversion of trade. Any safeguard measures taken must be restricted in scope and duration to what is strictly necessary to remedy the situation.
If either party gives notice that they are considering use of Article 16, then in accordance with the procedures set out in Annex 7 of the Protocol, both sides should immediately enter into consultations in the Joint Committee with a view to finding a commonly accepted solution. No unilateral measures should be implemented during the initial one month period. If, after a month, negotiations fail to agree a solution, the unilateral measures may come into effect. Any such action must be restricted in scope and duration to what is strictly necessary to remedy the situation. All other aspects of the Protocol will remain in place. Any unilateral measures taken will be subject to review at least every three months.
The UK has not as of yet notified the Joint Committee that it is considering taking safeguard measures under Article 16; nor is any detail available as to what such measures may encompass.
Since the Brexit referendum in 2016, the Government has dedicated substantial time and resources into preparing for a number of Brexit scenarios, including a no-deal outcome. This intensive effort across Departments and Agencies included the development of two Brexit Omnibus Acts; three Brexit Action Plans; substantial investment in the State’s infrastructure and IT systems and the provision of financial, upskilling and advisory supports for impacted sectors and businesses, all of which have contributed to the ongoing resilience of the economy in the face of Brexit. Protecting the all-island economy and ensuring the continued unimpeded functioning of North-South supply chains and trade flows has been a key priority for the Government throughout the Brexit process, and robust systems and supports remain in place to help businesses navigate the ongoing challenges caused by Brexit. While we would never wish to see the UK Government invoke Article 16, if this does occur we will engage with all stakeholders in light of the precise scope of the measures envisaged. I believe that any misuse of Article 16 would have serious consequences, for the relationship between the UK and the EU, for the UK’s relationship with Ireland, and for stability in Northern Ireland.
I urge the British Government to engage in good faith with the EU on the Protocol in the interests of the people of Northern Ireland.
