Dáil Éireann Debate, Thursday - 23 June 2022
111. Deputy James Lawless asked the Minister for Foreign Affairs his views on the United Kingdom’s use of necessity as a justification for abandoning the Northern Ireland Protocol; and if he will make a statement on the matter. [32920/22]
Amharc ar fhreagra152. Deputy Seán Haughey asked the Minister for Foreign Affairs his views on whether the United Kingdom’s legal rationale for seeking to override the Northern Ireland Protocol has any plausible basis; and if he will make a statement on the matter. [32936/22]
Amharc ar fhreagraI propose to take Questions Nos. 111 and 152 together.
On 13 June, the UK Government published draft legislation in the form of the Northern Ireland Protocol Bill. The Bill proposes to disapply much of the Protocol without the agreement of the EU, including elements in relation to the movement of goods, VAT, excise and state aid, and the role of the European Court of Justice.
International agreements, such as the Withdrawal Agreement and the Protocol, cannot simply be rewritten by one party to the agreement. Yet this is what the UK Government propose. Their approach is wholly inconsistent with international law.
In its published ‘Legal Position’, the UK Government asserted that the doctrine of necessity can be invoked to lawfully justify non-performance of their international obligations under the Withdrawal Agreement and Protocol.
Necessity as a legal justification for non-performance of an international obligation is an institution of customary international law now codified by the United Nations International Law Commission in Article 25 of its Draft Articles on State Responsibility. This provides that necessity may only be invoked when it is the only way to safeguard an essential interest of the state concerned against a grave and imminent peril, and when it does not seriously impair an essential interest of the party to which the obligation is owed, or of the international community as a whole. Furthermore, it clarifies that necessity may only be invoked when there is no other remedy available, and that it may not be invoked by a state if the state has contributed to the situation of necessity.
The British government’s decision to table a Bill that sets aside international law and ignores the majority in Northern Ireland is deeply disappointing. The approach has been widely criticised by people and business in Northern Ireland.
I am in ongoing contact with our partners across the EU, including European Commission Vice-President Šefcovic. The EU’s remains deeply committed to Northern Ireland. Opposition to the UK’s unilateral action is uniform across the Union and support for the Commission approach remains steadfast. This was made clear again during discussions at this week’s General Affairs Council.
Despite the tabling of this legislation, the EU remains open to talks on finding durable and sustainable solutions. With political will, solutions can be found to the genuine issues of concern to people and business in Northern Ireland. Finding these solutions will allow Northern Ireland to experience in full the positive effects the Protocol can have on trade, investment, growth and employment.
I continue to urge the British Government to step back from their unilateral approach and to pursue a path of constructive engagement with the European Union to resolve the outstanding issues under the Protocol.
