Brexit: Dáil Éireann votes in favour of the EU-UK draft Brexit withdrawal agreement

On 21 November 2018, the Irish lower house of parliament, Dáil Éireann, voted to approve a motion supporting the Draft Withdrawal Agreement between the EU and the UK. 

The motion that was carried reads:

• "That Dáil Éireann supports the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the draft Withdrawal Agreement), as published on 14 November 2018, including the draft Protocol on Ireland and Northern Ireland which forms an integral part of the Draft Agreement."

The Taoiseach (Irish Prime Minister) spoke about the "backstop" and his statement provides a neat summary of the position:

• "The draft withdrawal agreement provides that, in the event that it is required after the period of transition, the UK and the EU will establish a shared customs territory. Northern Ireland will apply some additional rules for goods and ensure there would be no need for a hard border between North and South. To facilitate this and to ensure that there can be no unfair competitive advantage, the agreement also provides that, if the backstop is invoked, rules to ensure a level playing field in areas such as environment, state aid and labour standards will apply. The Union's customs code will apply to Northern Ireland so that businesses there do not face obstacles in accessing the Single Market for goods, including here, south of the Border. Northern Ireland business will continue to enjoy unfettered access to the Great Britain market as well as that of the whole of the European Union."
• The text says that, if this backstop would apply, it should apply "unless and until" alternative arrangements are found to supersede it that make it no longer necessary in part or in full. It is therefore intended to be temporary and to act as a bridge to a future relationship. As I have said many times before, I hope and believe that those alternative arrangements will be negotiated. It is, however, important that we now have the insurance policy we need if all other efforts fail to produce a better solution. The agreement also provides a mechanism for review of the backstop, which would allow it to cease to apply, in whole or in part, if and when a better solution was agreed that superseded it.
• It is important to underscore that any such decision will be a joint one for the European Union and the United Kingdom to take together. Therefore, the agreement says that "there can be no unilateral withdrawal from the backstop if it is ever activated."

It has proven a great deal easier to have the Irish Parliament approve the Draft Withdrawal Agreement than the UK Parliament – a battle which is still unfolding.

For further information, contact Dr Vincent Power, Partner, or any member of the EU, Competition & Procurement team at A&L Goodbody. 

Date published: 27 November 2018