DÁIL ÉIREANN AN COMHCHOISTE UM FEIDHMIÚ CHOMHAONTÚ AOINE AN CHÉASTA JOINT COMMITTEE ON THE IMPLEMENTATION OF THE GOOD FRIDAY AGREEMENT Déardaoin, 15 Deireadh Fómhair 2020 Thursday, 15 October 2020 Tháinig an Comhchoiste le chéile ag 2 p.m. The Joint Committee met at 2 p.m. Comhaltaí a bhí i láthair / Members present: Teachtaí Dála / Deputies Seanadóirí / Senators Jennifer Carroll MacNeill, Frances Black, Rose Conway-Walsh, Niall Blaney, Patrick Costello, Gerard P. Craughwell, James Lawless, Emer Currie, Michael McNamara, John McGahon, Brendan Smith, Niall Ó Donnghaile. Peadar Tóibín. I láthair / In attendance: Senator Elisha McCallion. Teachta / Deputy Fergus O’Dowd sa Chathaoir / in the Chair. 1 JIGFA Business of Joint Committee Chairman: Apologies have been received from Deputy Mac Lochlainn. Members are re- quested to ensure that for the duration of the meeting their mobile phones are turned off com- pletely or switched to airplane, safe or flight mode, depending on the device. It is not sufficient for members to put their phones in silent mode as they still cause interference with the commit- tee room audio system. I propose we go into private session to discuss questions and speaking slots. Is that agreed? Agreed. The joint committee went into private session at 2.01 p.m. and resumed in public session at 2.12 p.m. Brexit and the Implications for the Good Friday Agreement: Discussion Chairman: The purpose of the meeting is to have an engagement with the Minister for For- eign Affairs, Deputy Coveney, on Brexit and the implications for the Good Friday Agreement and other issues currently arising. On behalf of the committee, I welcome him and his officials. As all present are aware, we are at a critical juncture with Brexit and its implications for the Agreement. Today’s engagement on this very important topic is timely. I formally welcome all Oireachtas Members who are present. I particularly welcome our colleagues, the Members of Parliament at Westminster. It is the first time we have had a member of the Alliance Party participating in one of our meetings. We are delighted to have him here, along with the mem- bers of Sinn Féin and the SDLP. I wish to make clear that the committee decided to hear from the representative of the Alliance Party first, followed by the representatives of Sinn Féin and the SDLP. It is important to us all that every voice is heard on this island and that everybody has an equal voice. Minister for Foreign Affairs (Deputy Simon Coveney): I thank the Chairman for the invitation. It has been some time since I last attended a meeting of the committee. The tim- ing of this engagement is very appropriate, given what is happening with Brexit. I will deliver my introductory remarks and am happy to then take questions or get into detail on the areas members wish to address. I am pleased to have this opportunity to outline a number of issues relating to the Good Friday Agreement in the context of Brexit and I look forward to discussion with members. It is good to have so many MPs for Northern Ireland joining us today. This forum is an important and practical way to facilitate the all-island engagement that is so crucial on these issues. It is great to have Mr. Farry with us in particular. Protection of the Good Friday Agreement has been a fundamental priority for the Govern- ment from the very beginning of the Brexit process and at every phase of the negotiations since then. That is reflected in the prominent place the protection of the Good Friday Agreement has in the protocol on Ireland and Northern Ireland. This emphasis is in line with the central impor- tance that the unique circumstances of the island of Ireland have not only for Ireland, but also for our EU partners. It is vital that the protocol is now implemented in full and in good faith. For our part, together with our EU partners, the Government has consistently urged the UK to move forward on operationalising the protocol. Some of those present will be familiar with the issues that are still under discussion. We have delivered this message through bilateral channels 2 15 OCTOBER 2020 but also, very importantly, through our participation as part of the EU delegation on the joint committee on implementation of the withdrawal agreement and the specialised committee on implementation of the protocol. The committees have met in recent weeks and months and are expected to meet again soon. I understand the next meeting of the joint committee will take place next Monday and I expect that will trigger a meeting of the specialised committee shortly thereafter. I wish to address the UK Government’s internal market Bill. Both Ireland and the EU have made clear our profound concern at the Bill, including in respect of the Bill as now amended. The UK must move away from the path it has chosen in the Bill and work to rebuild trust on implementing the withdrawal agreement in full and in good faith. The absence of that makes other agreements very difficult. We have been particularly concerned by suggestions from the UK Government that its unilateral approach is designed to protect the Good Friday Agreement. The protocol itself is specifically designed to protect the Agreement and the gains of the peace process, including avoiding a hard border. It also protects the integrity of the Single Market and Ireland’s place in it. We spent years trying to design it in order to do that. The protocol is designed to operate in all circumstances, including in the event that there is no EU-UK future relationship agreement or trade deal. Our view is that these developments could seriously erode and damage political trust in Northern Ireland and between the EU and the UK. The protocol was the result of long and difficult negotiations and represents a fair and balanced outcome for all parties. There are many elements of the protocol that various people do not like, but it is the effect of the protocol as a whole that achieves important aims that we now need to protect. There have been compromises on all sides. We have been clear that implementation of the protocol should work for the economy and people of Northern Ireland, and indeed for the all-island economy and the people of this island as a whole, in as smooth a manner as possible. Clarity and stability are vital for businesses and people in Northern Ireland. The protocol provides for no diminution of the rights, safeguards and equality of opportu- nity provided for the people of Northern Ireland, as set out in the Good Friday Agreement. We will continue to engage with UK counterparts on implementation of this important commit- ment. The EU rights of Irish, and therefore EU, citizens from Northern Ireland are specifically addressed in the protocol. It confirms that Irish citizens in Northern Ireland will continue to enjoy, exercise and have access to rights, opportunities and benefits that come with EU citizen- ship. The Government is working proactively to ensure that people in Northern Ireland can continue to enjoy access to EU rights, opportunities and benefits into the future as they do today, including in regard to the benefits of the European health insurance card, EHIC, and the Eras- mus+ programme. Some of this is still to be addressed during transition. I am happy to provide further detail on this to members during our discussion if they so wish. As members will be aware, the common travel area, CTA, arrangements underpin the Good Friday Agreement in all its parts, as well as the cross-Border freedoms central to the lives and livelihoods of the people of Northern Ireland and the Border region more generally. The CTA will be maintained in all circumstances. Irish officials across the government continue to work with UK counterparts to ensure the interests and reciprocal rights of our respective citizens are maintained and safeguarded by the CTA. We have done significant work on that and legislation will come before the Oireachtas in the coming weeks to ensure we legally underpin some of the elements of the CTA memorandum of understanding with the British Government. I welcome the resumption of meetings of the North-South Ministerial Council since I last at- tended a meeting of the committee. A plenary session was held on 31 July and ministerial meet- 3 JIGFA ings on sectoral issues continue, bringing our Government and the Northern Ireland Executive together to oversee and further develop North-South co-operation as provided for in the agree- ment. North-South co-operation is recognised and protected in the protocol and will remain a priority for successive Irish Governments. To build normal relations on our island, we must continue to co-operate formally and informally in the areas which are important to our people, our businesses and our environment. A planned €500 million will be made available in budget 2021 out to 2025 to deliver on our commitment to build a shared island underpinned by the Good Friday Agreement. This complements the Government’s existing all-island commitments. As I am sure members will appreciate, the next few weeks are crucial with regard to ongo- ing work to secure an agreement between the EU and UK on a future partnership. I attended the General Affairs Council earlier this week, where I and my colleagues from across the EU 27 member states considered the outstanding issues, not only on the future relationship but also regarding implementation of the protocol which I am sure we will go into in some detail later.