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Dáil
‹ Leaders' Questions

Brexit joint report and border

Summary

Deputy Cullinane questioned whether the Brexit joint report really protected the island and warned a hard border could still emerge if Britain left the customs union. The Taoiseach said phase one was not the end, insisted the guarantees were real, and outlined options including the backstop to avoid new barriers.

Last December, the Taoiseach described the Brexit joint report as cast iron and rock solid. At the time, if the Taoiseach recalls, we in Sinn Féin acknowledged the positive language in the joint report but we warned that it fell far short of what is needed to truly protect the national interest, North and South. We cautioned that the promises contained in the joint report were not legally binding. We pointed out that the report was full of holes and open to interpretation. We warned that the Government needed to be very careful dealing with a Tory Government, especially a divided one. That was sound and solid advice, and how right we were.

Mr. David Davis, the lead negotiator for Britain in the talks, described the joint report as nothing more than a statement of intent. The European Commission described it merely as a gentlemen's agreement, a far cry from cast iron and rock solid. This was a fudge designed to get Britain and the European Union into wider trade talks. The assumption the Taoiseach made was that Britain would commit itself to staying in the customs union and Single Market or some variation of that. That is what we would want to see as well.

The Government accepted a bag of promises from Theresa May and Boris Johnson. Those promises have been cast to the wind and the Taoiseach's cast-iron guarantee is now not worth the paper it is written on. The future of this island is still subject to Theresa May's Cabinet battles and Boris Johnson's leadership ambitions. There will be a hardening of the Border on this island if the hard Brexiteers have their way and Britain and the North leave the European Union. We cannot have a situation where the North is dragged out of the customs union and Single Market against its will.

We have consistently said that the only practical solution for Ireland is for the North to have special status in the European Union. This would simply reflect the will of the people; as the Taoiseach knows, a majority in the North voted to remain. Sinn Féin is very clear on what that special status would mean. In practical terms, it would mean the North staying in the customs union and Single Market; both the Assembly and the Good Friday Agreement staying in the legal framework of the European Union and the European courts; and the protection of the rights of those who live in the North of Ireland who are Irish and European citizens, who should be able to enjoy exactly the same rights post-Brexit as they do now. The sooner the Government realises this and works towards those alternatives, the better.

The Taoiseach's naive guarantees in December have damaged his credibility. He allowed himself and the Government to be led by the nose by Theresa May, with the Tánaiste, Deputy Coveney, being patted on the back by Boris Johnson as the best boy in the class. Will the Government finally accept the reality that there was no cast-iron guarantee in December? Will the Taoiseach and Tánaiste accept that because of their naivety, we are essentially back to square one? Will the Taoiseach explicitly call for the North to stay in the customs union and Single Market? Will he call for the Good Friday Agreement to stay within the legal architecture of the EU? Does he see that as the only practical, sensible, realistic solution to protect the interests of Irish people, North and South?

Comment on this
Leo Varadkar The Taoiseach Fine Gael

I said a number of things about the UK-EU joint report which was agreed in December. The contents are there in black and white for everyone to see. The language used is one of commitments and guarantees - commitments and guarantees written in black and white. I also said it was the end of the beginning, not the beginning of the end, and that we would need to stay vigilant, focused and engaged as we moved into phase two. That is exactly what we have been doing. We are now seeking that those commitments and guarantees written in black and white in the December report are written into the EU-UK withdrawal agreement, which will be legally binding. What we are working on at the moment is making sure those commitments and guarantees that were agreed back in December are made legally binding by writing them into the withdrawal agreement.

That is the work we are doing in the background at the moment. We are also beginning work on the transition agreement because we want to make sure there is a transition period during which Irish people and Irish businesses have time to adjust to any permanent changes that may take place. That is what we are working on at the moment. It is significant that the work being done at present is on the withdrawal agreement, making those commitments legally binding, and the transition arrangement for the period after the UK leaves the EU. We are not into talks about trade yet because we believe it is important that we prioritise the withdrawal agreement and the transition phase and making sure that what was agreed back in December is written into the legal text of that agreement.

Comment on this

I want the Taoiseach and his Government to succeed. I want the best possible outcome for the people of this island. The concerns I have are concerns which are shared and have been expressed by many people. The European Commissioner for Agriculture and Rural Development, Phil Hogan, said last week that a border on the island of Ireland is inevitable if Britain leaves the customs union. I agree with that. The EU negotiator Sabine Weyand said that meeting commitments on the all-island economy would imply that the North effectively remains within the customs union and the Single Market. Michel Barnier has said exactly the same, that is, without a customs union and being outside the Single Market will mean barriers to trade in goods and services are unavoidable. If the North is taken out of the customs union and Single Market, we will see a hardening of the Border irrespective of whatever backdrop agreement the Taoiseach believes he has in place. It simply will not be good enough and will fall far short of what is necessary to make sure that we do not have that hardening of the Border.

The Taoiseach knows that the issue of the Border is about more than trade. While trade is important, it is also about the peace process. It is deeply political. We want to ensure the Good Friday Agreement is protected in all its parts. We are trying to so do in respect of talks in the North, as the Taoiseach knows, and we want the same outcome in terms of the negotiations.

Does the Taoiseach accept that the North needs to stay in the customs union and Single Market? Does he accept that nothing short of that is required to ensure the best possible outcome for the people of this island?

Comment on this
Leo Varadkar The Taoiseach Fine Gael

The Deputy is correct to be concerned. This is not done yet. No one on this side of the House has ever claimed that everything was sorted and resolved in December. Phase 1 ended in December, and we are now in phase 2. We need to stay engaged and stay vigilant and we shall.

There are a number of ways in which we can avoid a hard border - meaning new barriers to the movement of people or to trade - between Northern Ireland and the rest of Ireland. Our preference is that it be done in the context of the new relationship that will exist between the UK and the European Union. Movements between Britain and Ireland are as important as movements between Northern Ireland and the rest of Ireland. For farmers, people involved in the agrifood industry or exporters, or for those people whose jobs depend on any of those things, the importance of maintaining free movement of people and free trade between Britain and Ireland is obvious. I get a little concerned sometimes when I hear other parties imply their preferred solution is some sort of special status or special arrangement for Northern Ireland, because that by definition would mean new barriers to trade between Britain and Ireland and all the problems that would arise from that.

Comment on this
Bernard Durkan Deputy Bernard J. Durkan Fine Gael

Hear, hear.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

It would also mean new barriers to trade between Northern Ireland and the rest of the UK, and all the political problems that would arise from that, particularly for the unionist community.

We are working towards a new relationship between the United Kingdom and the European Union that allows free trade and free movement of people to continue between all parts of Britain and all parts of Ireland, if that is possible. If that is not possible, we have that guarantee around what I call the backstop and what Prime Minister May calls the last resort, which is a unique arrangement for Northern Ireland. That should not be our preferred solution. Our preferred solution should be ongoing free trade and free movement of people between Britain and Ireland, which is so important not only for citizens in Northern Ireland but also for Irish industry and Irish jobs.

Comment on this