Irish protocol and Brexit response
Deputy McDonald warned that the British Government’s planned legislation would breach the Irish protocol and undermine the withdrawal agreement. The Taoiseach agreed the move was unilateral, said the agreement is binding international law, and stressed Ireland would respond with the EU on the basis of trust and treaty compliance.
I raise with the Taoiseach the issue of the British Government's clear intention to renege on the Irish protocol. As the Taoiseach will know, the protocol was secured after a very long negotiation. It represents the bare minimum required to protect Irish interests. It is essential to protect our economy, to ensure no hardening of the Border on our island and to ensure our peace agreements are protected. As the Taoiseach will also know, it is binding under international law.
Today, legislation will be published. The British Secretary of State for Northern Ireland has made very clear that this legislation will breach international law. In other words, the British system is now breaching international law with its eyes wide open and is making no secret of that fact. It is interesting and should be noted that the secretary of state has managed to speak out of both sides of his mouth on this issue. On Monday evening, he met with my colleague, Ms Michelle O'Neill, the joint Head of Government in the North, and sought to assure her that the legislation would in no way interfere with the protocol. He then took to his feet on Tuesday and said the precise opposite. As the Taoiseach knows, he has conceded that the British Government will in fact act to breach international law.
All of this demonstrates how far Mr. Boris Johnson's government is prepared to go to satisfy his Tory Brexiteers and, frankly, his own blunt English nationalism. It should be recorded that the British Prime Minister was the champion of Brexit. The Taoiseach may also recall that he was also an advocate of a no-deal proposition. He had to be dragged to any meaningful negotiation by his own parliament. In the past, I have described his approach and position as stupid and dangerous. I reiterate that today; the position of Mr. Johnson and his government is both stupid and dangerous. It is very clear that perfidious Albion is alive and well and living at No. 10 Downing Street.
The British Prime Minister believes that it will either be his way or no way. He mistakenly believes he can now pressure or bully Ireland. It needs to be made very clear to him that is not going to happen. I take some heart from the international reaction, not least from the statements of Congressman Richard Neal, chairman of the Committee on Ways and Means, and others.
This story broke on Sunday night; it is now Wednesday. I am alarmed that it has taken this long for the Taoiseach to indicate that he will intervene with the British Prime Minister. I appreciate and understand the value of diplomatic back channels but, in this instance, it falls to the Taoiseach, as Head of Government, to defend and represent Irish interests. When he takes the phone call with the British Prime Minister - I assume the call will be made today but the Taoiseach might clarify that - will he make it absolutely clear that there can and will be no reneging on the Irish protocol and no return to a hard border on our island and that the Good Friday Agreement will be upheld in all of its parts?
Comment on this
The foundation stone of any agreement and of the conduct of negotiations rests on mutual trust. No one party to any agreement can unilaterally undermine or deviate from it. I have been very clear about that in statements I made this morning at a press conference on Brexit readiness for the entire country. The unilateral nature of this decision by the British Government does undermine trust. The withdrawal agreement is an international treaty and it is binding. Ireland is with the European Union on this. As far as we are concerned, the withdrawal agreement and the protocol is the legal position and remains the legal position. It is what has been agreed to and will not be resiled from.
Last evening, I spoke to the President of the European Commission, Dr. von der Leyen, and we agreed that this was a very serious development. There was no prior notification to the Irish Government at any level as to this decision or measure. There was no heads-up. Whatever issues the Government of the United Kingdom has with regard to the implementation or working through of the protocol should be dealt with in the negotiations which are to commence this week. That is why the joint committee and the specialised committee were established under the withdrawal agreement.
What the secretary of state announced yesterday in very crude terms represents a very new departure in the conduct of international relations and the conduct of relationships between governments. The European Union is very concerned about this, as am I. As I announced this morning, I will be speaking to the British Prime Minister today, primarily to register our position and not to become embroiled in some exercise in which the British Government is becoming involved. We have to be extremely clear and firm with regard to where we stand as a country in respect of the withdrawal agreement and protocol, as we intend to be. We have to register with the British Prime Minister our complete opposition to the decision that has been taken - I will do that - and also the modus operandi and the manner in which the decision was taken and the lack of any prior consultation or engagement. I have been involved in negotiations with UK governments before and was involved in negotiations with the European Union with regard to the Lisbon treaty and so on. Proper negotiations are conducted on the basis of no surprises and on the basis of proper engagement in advance utilising various channels to try to get to an agreement. That did not happen in this case.
The additional point I want to make is that to drag Northern Ireland back into the centre stage is very divisive. It is extremely regrettable in the sense that there was an acceptance of the protocol and the withdrawal agreement. I do not want to put words into anyone's mouth but irrespective of people's stances on Brexit, people have accepted the de facto reality of the protocol and of the withdrawal agreement and were getting on with it in terms of using the mechanisms of the withdrawal agreement to deal with issues. As such, the Government is unequivocal on this and is very clear-minded in our response to the British initiative.
Comment on this
Anyone who has even a passing interest in British Governments, but particularly those of a Tory variety, will understand that this is not a new departure. Sadly, it is not a new departure for Boris Johnson and his administration to walk away from prior commitments, including those held within international treaties. In this instance, the protocol is a settled matter and the withdrawal agreement is a settled matter. It is connected to but very much distinct from the negotiations that will, as the Taoiseach said, go on between Britain and the European institutions. I am a bit concerned, first, at the slowness of the Taoiseach's response. The response and that call to Downing Street should have been much quicker. I am also concerned he is perhaps indulging in wishful thinking of the sort that might suggest that Boris Johnson and his government are not capable of really walking away from the commitments they have made.
Comment on this
I will say again that in the Taoiseach's conversation with him, he needs to dispense with diplomatic niceties and to set out the position very clearly to him. The Taoiseach might also remind him that the North voted to remain.
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Now, not alone are they proposing to walk away from binding international commitments but yet again they are turning their faces away from the democratic decision of people on our island. These stakes are very high for all of us and we cannot afford to have hesitancy or any lack of forcefulness and rigour in dealing with Boris Johnson and his administration.
Comment on this
The Deputy is wrong in her analysis when she speaks of lateness and all of that kind of stuff. She should not seek to try to divide the House on the very fundamental matter of our commitment to adhering to international agreements. I am as resolute as the Deputy or any other Member, as is the Government, in terms of international treaties. What we do not do, though, is react in a knee-jerk manner to any particular move in the middle of negotiations. We are clear about the withdrawal agreement and the Northern Ireland protocol. If the UK Government is not, then that is an issue they have to come to terms with. They agreed this. The point is that we are not going to become embroiled in their particular problems or difficulties, whatever they may be, about aspects of the protocol.
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I recall the Taoiseach steered the ship-----
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One must allow things to evolve. The British Government has taken this decision unilaterally and it is very serious. The stakes are very high. They are very high for people out there and for jobs, the economy and employment. That is why I believe the action taken by the British Government is very serious. It undermines trust, which as I said at the outset of my contribution, represents the foundation stone upon which negotiations are conducted.
Comment on this
Negotiations can only be conducted on the basis of trust and we cannot have international parties to an agreement unilaterally undermining that agreement.
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-----to the UK Prime Minister. In addition, Ireland will be in partnership with the European Union in our response to all of this.