Brexit deal reached between EU and London

Posted by Jim on December 8, 2017

The full text of a draft agreement released this morning (in reference
to Ireland) in negotiations on Britain’s withdrawal from the EU.
Ireland and Northern Ireland

 

42. Both Parties affirm that the achievements, benefits and commitments
of the peace process will remain of paramount importance to peace,
stability and reconciliation. They agree that the Good Friday or Belfast
Agreement reached on 10 April 1998 by the United Kingdom Government, the
Irish Government and the other participants in the multi-party
negotiations (the ‘1998 Agreement’) must be protected in all its parts,
and that this extends to the practical application of the 1998 Agreement
on the island of Ireland and to the totality of the relationships set
out in the Agreement.

43. The United Kingdom’s withdrawal from the European Union presents a
significant and unique challenge in relation to the island of Ireland.
The United Kingdom recalls its commitment to protecting the operation of
the 1998 Agreement, including its subsequent implementation agreements
and arrangements, and to the effective operation of each of the
institutions and bodies established under them. The United Kingdom also
recalls its commitment to the avoidance of a hard border, including any
physical infrastructure or related checks and controls.

44. Both Parties recognise the need to respect the provisions of the
1998 Agreement regarding the constitutional status of Northern Ireland
and the principle of consent. The commitments set out in this joint
report are and must remain fully consistent with these provisions. The
United Kingdom continues to respect and support fully Northern Ireland’s
position as an integral part of the United Kingdom, consistent with the
principle of consent.

45. The United Kingdom respects Ireland’s ongoing membership of the
European Union and all of the corresponding rights and obligations that
entails, in particular Ireland’s place in the Internal Market and the
Customs Union. The United Kingdom also recalls its commitment to
preserving the integrity of its internal market and Northern Ireland’s
place within it, as the United Kingdom leaves the European Union’s
Internal Market and Customs Union.

46. The commitments and principles outlined in this joint report will
not pre-determine the outcome of wider discussions on the future
relationship between the European Union and the United Kingdom and are,
as necessary, specific to the unique circumstances on the island of
Ireland. They are made and must be upheld in all circumstances,
irrespective of the nature of any future agreement between the European
Union and United Kingdom.

47. Cooperation between Ireland and Northern Ireland is a central part
of the 1998 Agreement and is essential for achieving reconciliation and
the normalisation of relationships on the island of Ireland. In this
regard, both Parties recall the roles, functions and safeguards of the
Northern Ireland Executive, the Northern Ireland Assembly, and the
North-South Ministerial Council (including its cross-community
provisions) as set out in the 1998 Agreement. The two Parties have
carried out a mapping exercise, which shows that North-South cooperation
relies to a significant extent on a common European Union legal and
policy framework. Therefore, the United Kingdom’s departure from the
European Union gives rise to substantial challenges to the maintenance
and development of North-South cooperation.

48. The United Kingdom remains committed to protecting and supporting
continued North-South and East-West cooperation across the full range of
political, economic, security, societal and agricultural contexts and
frameworks of cooperation, including the continued operation of the
North-South implementation bodies.

49. The United Kingdom remains committed to protecting North-South
cooperation and to its guarantee of avoiding a hard border. Any future
arrangements must be compatible with these overarching requirements. The
United Kingdom’s intention is to achieve these objectives through the
overall EU-UK relationship. Should this not be possible, the United
Kingdom will propose specific solutions to address the unique
circumstances of the island of Ireland. In the absence of agreed
solutions, the United Kingdom will maintain full alignment with those
rules of the Internal Market and the Customs Union which, now or in the
future, support North-South cooperation, the all-island economy and the
protection of the 1998 Agreement.

50. In the absence of agreed solutions, as set out in the previous
paragraph, the United Kingdom will ensure that no new regulatory
barriers develop between Northern Ireland and the rest of the United
Kingdom, unless, consistent with the 1998 Agreement, the Northern
Ireland Executive and Assembly agree that distinct arrangements are
appropriate for Northern Ireland. In all circumstances, the United
Kingdom will continue to ensure the same unfettered access for Northern
Ireland’s businesses to the whole of the United Kingdom internal market.

51. Both Parties will establish mechanisms to ensure the implementation
and oversight of any specific arrangement to safeguard the integrity of
the EU Internal Market and the Customs Union.

52. Both Parties acknowledge that the 1998 Agreement recognises the
birth right of all the people of Northern Ireland to choose to be Irish
or British or both and be accepted as such. The people of Northern
Ireland who are Irish citizens will continue to enjoy rights as EU
citizens, including where they reside in Northern Ireland. Both Parties
therefore agree that the Withdrawal Agreement should respect and be
without prejudice to the rights, opportunities and identity that come
with European Union citizenship for such people and, in the next phase
of negotiations, will examine arrangements required to give effect to
the ongoing exercise of, and access to, their EU rights, opportunities
and benefits.

53. The 1998 Agreement also includes important provisions on Rights,
Safeguards and Equality of Opportunity for which EU law and practice has
provided a supporting framework in Northern Ireland and across the
island of Ireland. The United Kingdom commits to ensuring that no
diminution of rights is caused by its departure from the European Union,
including in the area of protection against forms of discrimination
enshrined in EU law. The United Kingdom commits to facilitating the
related work of the institutions and bodies, established by the 1998
Agreement, in upholding human rights and equality standards.

54. Both Parties recognise that the United Kingdom and Ireland may
continue to make arrangements between themselves relating to the
movement of persons between their territories (Common Travel Area),
while fully respecting the rights of natural persons conferred by Union
law. The United Kingdom confirms and accepts that the Common Travel Area
and associated rights and privileges can continue to operate without
affecting Ireland’s obligations under Union law, in particular with
respect to free movement for EU citizens.

55. Both Parties will honour their commitments to the PEACE and INTERREG
funding programmes under the current multi-annual financial framework.
Possibilities for future support will be examined favourably.

56. Given the specific nature of issues related to Ireland and Northern
Ireland, and on the basis of the principles and commitments set out
above, both Parties agree that in the next phase work will continue in a
distinct strand of the negotiations on the detailed arrangements
required to give them effect. Such work will also address issues arising
from Ireland’s unique geographic situation, including the transit of
goods (to and from Ireland via the United Kingdom), in line with the
approach established by the European Council Guidelines of 29 April
2017.