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Dáil
‹ Ceisteanna ó Cheannairí - Leaders' Questions

Northern Ireland protocol legislation

Summary

Deputy McDonald and Deputy Bacik condemn the British Government’s plan to override parts of the Northern Ireland protocol as reckless and unlawful. The Taoiseach says it is a dispiriting breach of an international agreement and argues the issue can only be resolved through EU-UK negotiations.

I warmly welcome our Ukrainian friends.

Last night, the British Government published legislation that gives British Ministers power to override unilaterally parts of the Irish protocol. This move by the British Prime Minister, Mr. Boris Johnson, and his Government is disgraceful and utterly reckless. Mr Johnson's belligerent approach to Ireland is part of a cynical attempt to cling to power in Britain at any cost. It jeopardises so much achieved by so many over such a long period of time. It fundamentally undermines the Brexit protections for Ireland that were so hard won, and it risks serious economic and political damage.

I share the view of the Minister, Deputy Coveney, that Ireland will not be the collateral damage for irresponsible Tory actions. Therefore, let us be clear. The British Government's plan to strip away the protocol is a plan intentionally to break international law. In a supreme act of bad faith, it intends to walk away from its legal obligations and agreements. It is worth remembering that not alone did the British Government sign-up the protocol but, in fact, it was central to designing its content and operation.

The utter recklessness of this move is underscored by the fact the protocol is, in fact, working. It gives the North access to both the British market and the EU Single Market of more than 500 million people. The North's economy is outperforming the English economy, business is growing and new jobs are being created. Of course, cross-Border trade has increased significantly, and the all-island economy is thriving. The Tory Government now puts all of this at risk. We have heard voice after voice from the business community describe how this unilateral action threatens significant harm to businesses in Ireland and, indeed, in Britain. It endangers thousands of jobs and investment. The way to resolve implementation issues is to sit down and talk to the EU, but this is something the British have refused to do now for 123 days. Instead of engagement, Mr. Johnson opts for shameful political play-acting.

Tory disdain for political stability in Ireland is now up in lights again. This latest move is part of a wider wrecking agenda that seeks to undermine the Good Friday Agreement and to rob our people of a better future. Mr. Johnson allows the DUP to block the formation of an Executive in Belfast. Mr. Johnson then uses this political deadlock as a threadbare excuse to break international law and pursue his self-serving agenda. All the while, workers and families in the North are without a government as they struggle in a cost-of-living crisis.

Is gníomh contúirteach de mheon mímhacánta í reachtaíocht Rialtas na Breataine chun an prótacal a shárú. Tá cur chuige aontaithe Oireachtais ag teastáil uainn chun leasanna na hÉireann a chosaint.

Ní dhéanfaidh Boris Johnson bulaíocht ar Éirinn. We need to take an all-of-Oireachtas approach in standing up to Boris Johnson’s renewed attempt to bully Ireland. We will not be bullied.

We know we are not alone. Boris Johnson’s dangerous move has been strongly condemned in the United States, in Europe and indeed across the world. In the spirit of unity, does the Taoiseach agree the actions of the British Government are shameful, reckless and dangerous? Does he agree we must now mobilise all forces in support of the Good Friday Agreement and for Ireland’s prosperity to ensure Boris Johnson is faced down?

Comment on this

I thank the Deputy for raising this issue. The publication of this legislation yesterday by the British Government and the contributions of various British Government Ministers who have attempted to justify it have amounted to a profoundly dispiriting moment. I was in government when the Good Friday Agreement was sanctioned by our Government. I was there during the early stages of the Good Friday Agreement and I was a Member of this House before the Good Friday Agreement.

Reflecting on the transformation of the British-Irish relationship as well as on the involvement of the European Union and the United States in facilitating the Good Friday Agreement, what transpired yesterday is a profoundly damaging moment for the Good Friday Agreement itself. More importantly, it demonstrates the degree to which the British Government now seems oblivious to the various sets of relationships in which it has engaged as well as to an international agreement to which it itself has signed up, whose ratification it promoted in the Westminster Parliament, and which it now has decided unilaterally potentially to upend it.

The British Government's published legislation would give powers to Ministers unilaterally to override aspects of the protocol itself. This is reckless and, as I said earlier today, has the potential to destabilise politics in Northern Ireland. It is also economically incoherent, damaging and the kind of legislation that clearly was framed without any significant engagement with industry or business in Northern Ireland. It is clear from the manufacturing sector, the export sector and the dairy and meat sectors that the protocol has had an advantageous impact. I have met all the various sectors who have articulated that reality to me and who are equally concerned about the dual regulatory proposals that are contained within the Secretary of State, Liz Truss’s, proposals. That would significantly undermine traceability within the food industry and would cause real issues for industry in general.

I met with the President of the European Commission, Ursula von der Leyen, last week, as well as with the Vice President, Maroš Šefčovič. We have been in touch with colleagues in the United States as well. As Deputy McDonald will know, a delegation representing the US Congress was recently in London, Brussels and Dublin. Suffice to say, all parties find it difficult to comprehend the rationale for or the logic of the British Government’s position, bar the domestic situation within UK politics itself.

Fundamentally, what has happened here is a violation of trust. The real difficulty is, having entered into an international agreement with the European Union, colleagues across Europe are wondering why one would enter into a subsequent agreement, if the first agreement is so casually put to one side.

I want to reiterate one key point, which is that the European Union has been flexible right throughout these negotiations. The European Union came forward proactively with proposals, having listened to parties in Northern Ireland and having listened to industry. We asked them to go to Northern Ireland to engage, and they did. This was not a fait accompli in terms of the proposals that were published last October, but as a basis for the resolution of legitimate issues that were raised by unionism and others around the operation of the protocol. With substantive negotiations between the European Union and the United Kingdom Government, those issues could have been resolved and still can be resolved.

Comment on this

I thank the Taoiseach for his response. We are in agreement that this course of action is reckless, but I would equally describe it as shameful and dangerous. The rationale for these actions are well understood and the logic is entirely self-serving. Boris Johnson is quite prepared, through all manner and means, to do what it takes to hold on to power. He is quite prepared to use political unionism in the North as a prop in that wider drama. That is what is happening here. He has actively colluded with the DUP to ensure we have no government in the North. Then he cites political deadlock as an excuse for these actions, which, as the Taoiseach correctly pointed out, aim to breach international law.

It is very important Boris Johnson does not succeed. It is very important he is faced down. This is about the protocol in the first instance but it is also about something, as the Taoiseach will appreciate, much wider and much more profound than that. The Tory Government is pursuing a hostile, damaging attack against the Good Friday Agreement. It is as simple as that. How does the Taoiseach propose to mobilise allies in support of the agreement to face Boris Johnson down.

Comment on this

Cothaíonn an cinneadh atá déanta ag Rialtas na Breataine easpa muiníne sa Rialtas sin ar fud na hEorpa agus i measc cheannairí na hEorpa. De réir dealraimh, is é an bunteachtaireacht atá ann anois ná go bhfuil sé chun an conradh seo a chur ar leataobh. Fundamentally, and it is with regret I say this, I get the sense that the current British Government does not fully get the Good Friday Agreement or does not understand the DNA of the agreement and what it really means in terms of its own involvement and the co-guarantor nature of the involvement between the British and Irish Governments, but also the wider interest from the European Union and the United States. Parallel with that, we are now witnessing a denial of democracy, whereby people have voted in Northern Ireland for the convening of an assembly and the formation of an Executive. It is not acceptable that the assembly has not been convened and that the Executive has not been formed.

We have had extensive contacts with the European Union in advance of this decision. It will remain resolute, firm and measured in terms of its response to the United Kingdom Government's decisions in this regard. Of that the Deputy can be in no doubt. We have maintained constant contact and are at one with the European Union in respect of how we respond to and deal with this latest decision by the British Government.

Comment on this

Thank you very much, Taoiseach.

Comment on this

I repeat that it is our long-standing, consistent view that it is only by substantive negotiations between the European Union and the United Kingdom Government that these issues can be resolved.

Comment on this

I welcome our guests from Ukraine who are addressing the Seanad. I condemn yesterday's action by the British Government in moving to publish legislation to undermine the Northern Ireland protocol. The legislation clearly amounts to a breach of international law. We have all seen that the introduction of the Bill is already damaging the relationship between Britain and the EU. It is a reckless and dangerous approach to a sensitive issue and it has the potential to undermine seriously the Good Friday Agreement and the peace process. Where compromise and trust are needed, we instead see the British Government opting to ratchet up tensions by pursuing unilateral action and ignoring its international obligations. In effect, we are seeing Johnson's Government acting like a rogue state. It is as if Donald Trump had moved into No. 10 Downing Street.

This is clearly a matter of immense concern to all of us and, notably, it will have the most difficult and devastating effect on the people of Northern Ireland, who, as we see, are being used, in effect, by the Tory Government as a proxy in its own internal battle. As Tony Connelly of RTÉ put it, "Boris Johnson has courted the hard-line European Research Group (ERG) to try to cling to his position", and we are now seeing the Foreign Secretary, Liz Truss, seeking to do the same in an internal Tory battle for power. This is no way to do business. We are all agreed on that. The path the British Government is pursuing will cause economic uncertainty, hinder the potential for growth in Northern Ireland and, as I have said, risks setting back and undermining the hard-won peace process.

It is not too late to call for a return to constructive talks with the EU. I met last week with the leader of the Opposition in Britain, Keir Starmer, as did the Taoiseach and the Minister for Foreign Affairs, Deputy Coveney. I put it to him that to proceed with this reckless and dangerous legislation is unconscionable. Mr. Starmer has put that in clear terms himself.

Yesterday, we also saw a cross-party grouping of MLAs in the Northern Ireland Assembly write to Prime Minister Johnson. That group of MLAs represents the majority of voters in Northern Ireland who support collaboration and continued operation of the protocol. Their message is that the Johnson Government must end the charade that its actions are somehow being undertaken to protect the Good Friday Agreement. We know that is not the case and the Taoiseach has been clear on this too. Those MLAs have called, as we do, for engagement by the British Government with the EU in further negotiation and for honesty about the inevitable consequences of this British Government's unilateral action.

The clear message that we want to give, which is shared across this House, is that we in this jurisdiction must not be bullied by the Conservative Party and its political allies. Given the approach of the British Government, which we have seen seeking, effectively, à la carte legal advice as to the consequences and content of this legislation, will the Taoiseach confirm that our Government's advice is that we now, unfortunately, due to the unilateral action of the British Government, face the risk of seeing an undermining of the peace process and even a return to a harder border on this island? Is that risk now facing us, contrary to what this British Government's so-called à la carte legal advice is supposedly telling it?

Comment on this

I appreciate the Deputy's comments and the sense of unity across the House in relation to this assault on an international agreement. Fundamentally, that is what is potentially being considered by the British Government. It is producing legislation which represents a breach of an international agreement it freely entered into. The British Prime Minister advocated this protocol and trade agreement to the British Parliament. It was ratified by the British Parliament and accepted. Flowing from that then is the whole issue of trust in the conduct of international relations. The EU, in particular, has engaged honourably, proactively and with a significant degree of trust in terms of its negotiations. It is clear now that the British Government has not been acting in good faith in respect of the conduct of those negotiations.

The allegations or assertions from the British Government's side that Europe has not been proactive or flexible do not stack up. They simply do not stand up. Commissioner Maroš Šefčovič has been proactive. The medicines supply issue, if we recall, was resolved nearly a year ago. In fact, the European Parliament specifically passed legislation to facilitate the resolution of the medicines issue as it manifested at that time. It was again encouraging to see the very warm support that I received as Taoiseach, on behalf of everybody here, at the European Parliament last week on this specific aspect. Some of my consultations were on this issue.

All parties in Northern Ireland have a right to be consulted in terms of the British Government's action and not just one party. Their views should be sought and engaged with. The majority of MLAs, as Deputy Bacik said, support the protocol. They believe there can be changes to the operation of the protocol, as we do as well. Issues have been raised and, in the context of my recent discussions with Commissioner Šefčovič, he is prepared to come forward with further proposals to resolve these issues. One never gets reciprocation from the British Government side. One never gets clarity from the British Government side as to what the landing zone is in respect of an ultimate resolution of these particular issues.

Economically, it is striking to talk to people on the ground. An increasing number of businesses and industries can not only master or manage the protocol but find it advantageous. What worries me most is the lack of real appreciation of the nuts and bolts of this by the British Government. Its proposals are actually damaging economically. They are damaging to industry and to jobs in Northern Ireland. Talk to anyone involved in the manufacturing or export sectors or the food industry and agribusiness sector and they are all clear that they need a protocol. They do not need it undermined.

They actually need it. We should focus on the sector of the Northern Ireland economy that has problems. If we focused on that, which Europe is prepared to do, we can resolve the issues.

Comment on this

I entirely agree with the Taoiseach about the British Government's actions amounting to a breach of trust. One of the most alarming things about this development is the breakdown in trust between the Governments across the islands and the breakdown in trust in the relationship between the British Government and EU negotiators. As the Taoiseach said, Maroš Šefčovič and his team are seeking to negotiate in good faith. There is now a dawning realisation across the EU that the British Government is not negotiating in good faith and has broken trust. That is why I do not use the comparison with Donald Trump lightly. We saw his regime tearing up international agreements and breaking trust with those with whom international treaties had negotiated, to the detriment of the peace and prosperity of his people. Unfortunately, we are seeing the same development with the British Government's breach of trust.

We in the Labour Party, as proud Europeans and members of the Party of European Socialists, look to support the Government and the efforts of the EU to engage in constructive negotiation, find the sort of constructive solutions to any issues facing communities and businesses in Northern Ireland and ensure that we do not see any support for the Tory government's breaking of trust in this international arena.

Comment on this

I appreciate the comments and position adopted by the Deputy in respect of this issue. That is important, and it is important that at European Union level that all of our respective groupings within the European Parliament are apprised of this and briefed on the up-to-date position and on the feeling on the ground in Northern Ireland in respect of the operation of the protocol for the vast majority of businesses and how advantageous it is for key sectors of the Northern Ireland economy, in particular on the FDI side. There has been an improvement in FDI into Northern Ireland because of the protocol.

There is no doubt that the EU stands ready to do the right thing by the people of Northern Ireland; I want to make that very clear. What concerns me is the denial of democracy, as I would describe it. I have been very consistent over the past decade that the institutions of the Good Friday Agreement should always be respected. The Assembly should never have been taken down. The Assembly should always be formed immediately after an election because the people have spoken. I find it very difficult to comprehend a situation in a democratic world whereby if the people have voted through the ballot box, their elected representatives are not facilitated in meeting to discuss the cost-of-living and bread-and-butter issues that affect their daily lives. That is not good enough. That is what I mean by the destabilisation of politics that is afoot.

Comment on this