23/11/2017

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0:00:03 > 0:00:05Tonight...

0:00:05 > 0:00:07More cracks are appearing between the British and Irish

0:00:07 > 0:00:09governments over Brexit.

0:00:09 > 0:00:12And, a proposed amnesty for soldiers deepens the rift

0:00:12 > 0:00:13between the DUP and Sinn Fein.

0:00:13 > 0:00:23Welcome to The View.

0:00:35 > 0:00:38Are proposals for an amnesty for soldiers likely to push the DUP

0:00:38 > 0:00:39and Sinn Fein even further apart?

0:00:39 > 0:00:43We'll hear from both sides.

0:00:43 > 0:00:45Sinn Fein's Alex Maskey and the DUP's Emma

0:00:45 > 0:00:48Little-Pengelly are with me.

0:00:48 > 0:00:51Although they say they don't do coronations, there seems

0:00:51 > 0:00:55to be an heir apparent to the Sinn Fein presidency.

0:00:55 > 0:01:02I admire her for being in a male environment, as being gutsy and

0:01:02 > 0:01:05straight-forward and upfront.

0:01:05 > 0:01:07Has the issue of the border become a game?

0:01:07 > 0:01:10This week the DUP leader accused the Taoiseach of being reckless

0:01:10 > 0:01:12and playing around with Northern Ireland.

0:01:12 > 0:01:14So can London and Dublin fight fair with each other?

0:01:14 > 0:01:17We'll hear a Westminster view from the former

0:01:17 > 0:01:19Tory Cabinet Minister, Peter Lilley.

0:01:19 > 0:01:22And back again with their thoughts on another busy political week

0:01:22 > 0:01:32are columnists Fionnuala O Connor and Alex Kane.

0:01:34 > 0:01:37Hello.

0:01:37 > 0:01:39As if there weren't enough obstacles to a return to Stormont,

0:01:39 > 0:01:42another one emerged this week when Sinn Fein accused

0:01:42 > 0:01:44the British Government of bad faith for considering what it says

0:01:44 > 0:01:46is an amnesty for soldiers involved in Troubles-related killings.

0:01:46 > 0:01:50Or is it simply, as the DUP would say, drawing a line under

0:01:50 > 0:01:52the past for those who have already been investigated?

0:01:52 > 0:01:54Emma Little-Pengelly and Alex Maskey are with me.

0:01:54 > 0:01:57Welcome to you both, thank you for joining us.

0:01:57 > 0:01:59Emma Little Pengelly, did the DUP know in advance

0:01:59 > 0:02:01that this consultation was going to include a proposal

0:02:01 > 0:02:03on a statute of limitations?

0:02:03 > 0:02:08Well, obviously there are a wide range of issues in relation to

0:02:08 > 0:02:10trying to find solutions of the legacy of the past in Northern

0:02:10 > 0:02:15Ireland. This had been discussed on many occasions previously. It's an

0:02:15 > 0:02:18emerging issue, not just in Northern Ireland. It has to be placed within

0:02:18 > 0:02:23the context of what is happening in terms of Afghanistan, Iraq and

0:02:23 > 0:02:28contemporary army activities around the world. I would take issue with

0:02:28 > 0:02:33the categorization as an amnesty. My understanding what is being talked

0:02:33 > 0:02:38about is a statute of limitations. We haven't seen -Kill answer that -

0:02:38 > 0:02:45Hold on. It's not our proposal at this point. There has been reference

0:02:45 > 0:02:48to it previously and we talked about reinvestigation and the

0:02:48 > 0:02:52disproportionate reinvestigation. Did you know that this consultation

0:02:52 > 0:02:55was going to be included when the paper was published last week? Did

0:02:55 > 0:02:59you know that would be in it because Sinn Fein clearly didn't?As I

0:02:59 > 0:03:04indicated there were a range of discussions about what would be in

0:03:04 > 0:03:11the paper. Sinn Fein and ourselves wanted thes -You are supporting the

0:03:11 > 0:03:14British Government in Downing Street, did you know that this

0:03:14 > 0:03:16proposal for a consultation was going to be included in this

0:03:16 > 0:03:20document?This is a British Government document.Did you know it

0:03:20 > 0:03:24was going to be -We weren't involved -You didn't know? We made

0:03:24 > 0:03:30representation in terms of a range of issues, as I indicated, including

0:03:30 > 0:03:35on the pension issue. It's a consultation to ask for views on

0:03:35 > 0:03:39this matter. Give me a simple answer to the question. Did you know it was

0:03:39 > 0:03:42going to be fwh it or did you not? Sinn Fein was clear we didn't know

0:03:42 > 0:03:47it was in it. We are horrified. We don't like it. You clearly do like

0:03:47 > 0:03:52it. Did you know it was going to be in the document?We have had

0:03:52 > 0:03:56discussions over the last yum of years, as have Sinn Fein. It's a

0:03:56 > 0:04:00British Government document. We were not involved in what was going into

0:04:00 > 0:04:04it or not.In terms of influence over the British Government. I'm

0:04:04 > 0:04:07wondering were you arguing for this to be part of the consultation? Did

0:04:07 > 0:04:10you want to see a statute of limitations included? Did you know

0:04:10 > 0:04:15it was going to be included? That is a really simple question.I've

0:04:15 > 0:04:19indicated we made representations on a range of issues. We were not

0:04:19 > 0:04:21involved in the process of what was going into this consultation or not.

0:04:21 > 0:04:25You didn't know?It's a British Government document -You didn't

0:04:25 > 0:04:29know.We were in no different position in relation to anybody -

0:04:29 > 0:04:34You didn't know.We made emarations in terms of pensions and be other

0:04:34 > 0:04:38matters to go into that document. You won't give me a straight answer.

0:04:38 > 0:04:42One last chance, did you know?It was a British Government document

0:04:42 > 0:04:45released. We were not privy to what was going into that document before

0:04:45 > 0:04:49it was released.I'm not sure if you can interpret that. It seems it

0:04:49 > 0:04:54might mean the DUP didn't know, logically must mean the DUP didn't

0:04:54 > 0:04:58know. You didn't knowWe certainly didn't know. The Irish Government

0:04:58 > 0:05:02said they certainly didn't know. I understand that the PSNI are saying

0:05:02 > 0:05:07they didn't know anything about this statement.You couldn't be surprised

0:05:07 > 0:05:10because, Emma Little-Pengelly has made it clear that the DUP and

0:05:10 > 0:05:13others would have been keen to see this kind of thing in the

0:05:13 > 0:05:16consultation?Well, you see, when Emma doesn't give you an answer,

0:05:16 > 0:05:20what she needs to do is tell the public, the viewers, and

0:05:20 > 0:05:24particularly all of those right across the victims' community, as

0:05:24 > 0:05:28they are called because all those sectors are opposed to any notion of

0:05:28 > 0:05:33an amnesty for anybody resulting from a conflict. Emma was involved

0:05:33 > 0:05:38as one of her leading party negotiators on the legacy issues for

0:05:38 > 0:05:44a number of years. I have sat in rooms with Emma in discussions like

0:05:44 > 0:05:46this along with other party colleagues. She would have made it

0:05:46 > 0:05:52clear there can't be a suggestion of an amnesty. That is why we end up a

0:05:52 > 0:05:57new investigation unit as part of the Stormont House Agreement. The

0:05:57 > 0:06:00question that needs to be addressed tonight to your viewers is - does

0:06:00 > 0:06:06Emma and does the DUP and will they support this concept as flagged up

0:06:06 > 0:06:09in this consultation? Furthermore, Emma needs to explain why she put

0:06:09 > 0:06:16her name with her colleague Jim Shannon in Westminster recently to a

0:06:16 > 0:06:20motion supporting this concept? On the one hand Emma and her party have

0:06:20 > 0:06:25been forthright for years around no amnesty, no discussion of amnesty.

0:06:25 > 0:06:29We have never supported an amnesty. I want to place that very much

0:06:29 > 0:06:32on-the-record. We are opposed to the concept of it. Emma's party were

0:06:32 > 0:06:38vocal on that. It would appear that Emma's party, Emma at least, can

0:06:38 > 0:06:41clarify that tonight, is supportive of giving some kind of amnesty.

0:06:41 > 0:06:46There can be nothing else other than amnesty -Do you accept that is the

0:06:46 > 0:06:51case? If it walks like an amnesty and if it talks like an amnesty,

0:06:51 > 0:06:56it's an amnesty?No, I don't. As Alex outlined we have been clear we

0:06:56 > 0:07:00are opposed to amnesty. We listened to many victims from across all

0:07:00 > 0:07:03communities in Northern Irelandle they want the opportunity nor

0:07:03 > 0:07:08justice. It's a statute of limitations. As I indicated we were

0:07:08 > 0:07:11not privy to what was going into that document. We are not privy to

0:07:11 > 0:07:16the detail of what is proposed. My understanding is this came out of a

0:07:16 > 0:07:18recommendation from the Defence Select Committee.Will you support

0:07:18 > 0:07:22it?At Westminster. I think it's an interesting suggestion. I think it

0:07:22 > 0:07:26is one that warrants a consultation to ask people's views. It's very

0:07:26 > 0:07:31important, first of all. Secondly, it requires a mature discussion and

0:07:31 > 0:07:35reflection about this. Although Alex indicated that he and his party have

0:07:35 > 0:07:38opposed amnesty, the reality of it is -You were in the negotiations

0:07:38 > 0:07:44with us, you know. ThatI will raise the issue. I went through a

0:07:44 > 0:07:51negotiating process with Sinn Fein during the Haass process kr. It came

0:07:51 > 0:07:55out Sinn Fein had done a deal on on-the-run letters.What did they

0:07:55 > 0:08:00contain?You have to be honest - What did they contain.It was

0:08:00 > 0:08:03immunity from investigation and prosecution.Let us hear Alex's

0:08:03 > 0:08:09response to that.There is hypocrisy here.How do you respond to. That

0:08:09 > 0:08:17you have done your own dirty little deal and you are being hypocritical.

0:08:17 > 0:08:22They were a statement of fact and a comfort -Between Sinn Fein and the

0:08:22 > 0:08:26British Government. Isn't that right?Let me finish the answer when

0:08:26 > 0:08:30you ask me a question. The on-the-run letters were a comfort

0:08:30 > 0:08:33letter and stated clearly if any evidence comes up, those letters

0:08:33 > 0:08:37will not prevent a prosecution. Anybody who got one of those letters

0:08:37 > 0:08:41could well be prosecuted tomorrow - Comfort against what? Comfort

0:08:41 > 0:08:44against investigation and prosecution. That came out in the

0:08:44 > 0:08:47courts because it was clear in the courts that the people who received

0:08:47 > 0:08:50them, it's clear the people who received them believed they would

0:08:50 > 0:08:57not be investigate and they would not be prosecuted. They were used as

0:08:57 > 0:09:01an abuse of process issue. It was bad faith. What is bad faith is Sinn

0:09:01 > 0:09:04Fein sitting in negotiations saying justice is important, no amnesty. By

0:09:04 > 0:09:09the way, by the way... We have these letters.No amnesty for anyone who

0:09:09 > 0:09:12received those letters. They were a statement of fact telling people

0:09:12 > 0:09:16there was no basis for a prosecution. It also told them if

0:09:16 > 0:09:20there was a basis for a prosecution that prosecution would proceed.A

0:09:20 > 0:09:26couple of things quickly. If you think it heys no validity and no

0:09:26 > 0:09:29legal expertise to say it's on thin ice as a workable idea. We will come

0:09:29 > 0:09:43on to that in a No, I have moment. Not said it has no

0:09:45 > 0:09:50are valdity -You said that. Let me ask my question, if you don't mind.

0:09:50 > 0:09:53Let the consultation kill off the idea. Have the consultation and see

0:09:53 > 0:09:58what happens?You heard reaction from people across the victims'

0:09:58 > 0:10:05community, as it is called, they stated in their absolute opposition

0:10:05 > 0:10:09to a concept. They don't want it for anybody, state forces or anybody

0:10:09 > 0:10:14else.It's a consultation.I will repeat tonight, that would

0:10:14 > 0:10:18jeopardise this additional concept of this statute of limitations, an

0:10:18 > 0:10:23amnesty by another name for Crown forces. This actually will cast a

0:10:23 > 0:10:27long shadow over the consultation. It will make it more difficult to

0:10:27 > 0:10:30get an agreement because in the context of people trying to build

0:10:30 > 0:10:34good faith through negotiation and discussions this throws a real big

0:10:34 > 0:10:38spanner in the works.OK. Emma Little-Pengelly you are a barrister.

0:10:38 > 0:10:44When you read that expert assessment, which you will have red

0:10:44 > 0:10:48from Kieran McEvoy and Peter Rowe will need to apply to state and

0:10:48 > 0:10:55non-state actors. It could leave the UK open to state impunity. Do you

0:10:55 > 0:10:59ignore that?You nude need to look at the detail of the complexity of

0:10:59 > 0:11:10the issue. There is a strong view out there. Which I share, there is a

0:11:10 > 0:11:15disproportionate way of dealing with the pass a.Quantify that.Everybody

0:11:15 > 0:11:19someone in the IRA arrested, including when Gerry Adams was

0:11:19 > 0:11:23arrested there were rallies by Sinn Fein for him to be released. Justice

0:11:23 > 0:11:26is a concept for Sinn Fein that only applies to others.It's applicable

0:11:26 > 0:11:33to everybody.There has been a disproportion anyway focus -Can you

0:11:33 > 0:11:37quantify that?Has there? The police say that is not the case. You

0:11:37 > 0:11:42dispute those figures, do you?The statistics that the police release

0:11:42 > 0:11:48show in themselves there is disproportionate -Do they?They do.

0:11:48 > 0:11:5490% of the killings during the Troubles were by paramilitary

0:11:54 > 0:11:59organisations 10% by the state. On the figures it's more than 10% in

0:11:59 > 0:12:06terms of the focus -Let us see if that stands up. PSNI legacy

0:12:06 > 0:12:10investigations 1,118 killings. 530 ariped to Republicans. 271 to

0:12:10 > 0:12:17loyalists. 354 to security forces. RET completed investigations. 1,615

0:12:17 > 0:12:25cases. 1,038 to Republicans. 536 tole loyalists, 32 to the Army. It

0:12:25 > 0:12:31flies in the face of what you have just said.Those statistics, do

0:12:31 > 0:12:37quick percentages. The numbers you have indicated they are not a 90/10%

0:12:37 > 0:12:43split. They are not.There are fewer cases of investigation into killings

0:12:43 > 0:12:56by Crown forces than by others?Not 10%. It's disproportionate.1,038

0:12:56 > 0:13:01investigation into Republican killings. 32 into the army.And the

0:13:01 > 0:13:11previous you mentioned as well. 1,118 killings. 530 to Republicans.

0:13:11 > 0:13:15271 to loyalists, 354 -It's more than 10%.Another important

0:13:15 > 0:13:21perspective on this.Briefly. I need to ask you something else.

0:13:21 > 0:13:26Republicans have actually served thousands of years in prison. A very

0:13:26 > 0:13:29small tiny handful of members of the British forces have served a day in

0:13:29 > 0:13:33prison. Most of those on one hand have been released from prison in a

0:13:33 > 0:13:37short period of time. Brought back into the armed forces. And, more

0:13:37 > 0:13:44often, promoted. That's not -Early release of prisoners. On-the-run

0:13:44 > 0:13:50less letters. There has been a special package put in place in

0:13:50 > 0:13:54terms of paramilitary organisations Walked away scot free.You want a

0:13:54 > 0:13:58special package for the other side of the House?We need to reflect

0:13:58 > 0:14:01about a tailored solution to a particular problem. The statute of

0:14:01 > 0:14:04limitations is not an amnesty.We will not get you to agree. OK.

0:14:12 > 0:14:16I think we have exposed the nature of the gulf between the two parties

0:14:16 > 0:14:19on this issue., if you don't mind, I need to ask you very quickly the

0:14:19 > 0:14:23former Ulster Unionist Party Lord Kilcooney.

0:14:23 > 0:14:28No longer part of the Ulster Unionist Party. Coming under a lot

0:14:28 > 0:14:35of criticism tonight for referring to Leo Varadkar on Twitter as "The

0:14:35 > 0:14:37Indian". What do you think about that?

0:14:37 > 0:14:41I understood he has referred that, which is the right thing to do. We

0:14:41 > 0:14:44should not be referring to anyone in that way.

0:14:44 > 0:14:46I said earlier on that I think it is something racist, but it is also

0:14:46 > 0:14:50criminally reckless. Sitting in Belfast, in recent weeks, people

0:14:50 > 0:14:55have been put out of their homes, had cars burned, had their homes at

0:14:55 > 0:15:00five because they were Catholic or Protestant families. This behaviour

0:15:00 > 0:15:03from a senior political representative, albeit yesterday's

0:15:03 > 0:15:07man, although he still has a high profile, I think is remarks are

0:15:07 > 0:15:08unacceptable. I don't think he would accept the

0:15:08 > 0:15:11connection you have made with what he said on Twitter, which he has now

0:15:11 > 0:15:15withdrawn. Senior civic figure makes racist

0:15:15 > 0:15:19remark like that, he cannot escape it.He has now withdrawn that. Which

0:15:19 > 0:15:23you would welcome, presumably?He should put his phone away forever.

0:15:23 > 0:15:27And quickly on Dublin's emergency meeting tonight, the deal between

0:15:27 > 0:15:32Fine Gael and Fianna Fail falling apart, ie ready for an election?

0:15:32 > 0:15:37We are, and I'm sure a lot of people will welcome an election, because

0:15:37 > 0:15:40this current government has failed people come and look at the level of

0:15:40 > 0:15:43homelessness, the health service in the 26 counties. We think a problem

0:15:43 > 0:15:46we have here... You will be interested to hear this.

0:15:46 > 0:15:50We have just received a line from one of our colleagues, who has been

0:15:50 > 0:15:54a crust of elements in Dublin, and the Taoiseach Leo Varadkar has said

0:15:54 > 0:15:59Frances Fitzgerald will not be standing down as, so the stand-off

0:15:59 > 0:16:03continues.It looks like an election.

0:16:03 > 0:16:07It does, as we speak. We are ready for it. We will leave

0:16:07 > 0:16:09it there. Thank you both very much indeed.

0:16:09 > 0:16:12Now, when Gerry Adams steps down as Sinn Fein president next year,

0:16:12 > 0:16:15it's widely expected that he'll be replaced by Mary Lou McDonald.

0:16:15 > 0:16:17The Dublin Central TD is the front-runner and may take

0:16:17 > 0:16:20over without a contest. But what do we know about her?

0:16:20 > 0:16:22Will she change Sinn Fein's political direction and can

0:16:22 > 0:16:24she broaden the party's appeal? Stephen Walker has been to Dublin.

0:16:35 > 0:16:38Mary Lou McDonald's story is very different from the Sinn Fein

0:16:38 > 0:16:41politicians. She comes from a middle-class background and was

0:16:41 > 0:16:48brought up here in rat Park, one of Dublin's most desirable suburbs. --

0:16:48 > 0:16:53Rathgar. As a child she went to a private fee-paying school. In her

0:16:53 > 0:16:56teens, she became interested in politics, but it was not Sinn Fein

0:16:56 > 0:17:00that caught her eye. In the late 1990s, Mary Lou McDonald

0:17:00 > 0:17:05joined the enough oil in Dublin West, and political opponents say

0:17:05 > 0:17:08she was anxious to claim the political ladder.

0:17:08 > 0:17:11She was certainly a very active Keanu fail member, and within a

0:17:11 > 0:17:19couple of years, -- Fianna Fail member, and in a few years, she had

0:17:19 > 0:17:23changed sides and join Sinn Fein. The understanding locally was that

0:17:23 > 0:17:26she wanted to run for Fianna Fail, but there was no vacancy.

0:17:26 > 0:17:29But she says her switch to Sinn Fein was more about policy than personal

0:17:29 > 0:17:36ambition. This Dublin TD, who is now a minister, says she felt let down

0:17:36 > 0:17:38by Fianna Fail. She felt that they were going away

0:17:38 > 0:17:42from the whole idea of Irish unity and independence, and I think she

0:17:42 > 0:17:46was looking for a party that would reflect that view.

0:17:46 > 0:17:52How you doing? Nice to meet you? In 2002, she was Sinn Fein's

0:17:52 > 0:17:56candidate in Dublin West. She failed to get elected, but in 2004 made

0:17:56 > 0:18:00history by becoming the party's first NEP. Her role in Europe gave

0:18:00 > 0:18:05her a profile, and in 2011, she became a TD for Dublin Central.

0:18:05 > 0:18:09I think Mary Lou McDonald will prove to thought to be a Marmite

0:18:09 > 0:18:13politician. No one is neutral on her. You either love her or you hate

0:18:13 > 0:18:17her. She is a very, very forceful personality.

0:18:17 > 0:18:21Marylou McDonald's style has won her support from across the political

0:18:21 > 0:18:23spectrum. I admire her for being in a male

0:18:23 > 0:18:30environment, which the Dail is, and being gutsy and straightforward, and

0:18:30 > 0:18:37up front, and those are qualities which stand to one in any

0:18:37 > 0:18:41environment, but in a male political environment, she sure uses them and

0:18:41 > 0:18:44need them. But despite the praise, Mary Lou

0:18:44 > 0:18:49McDonald says her judgment -- say her judgment sometimes let her down.

0:18:49 > 0:18:53Some site her reaction to the case of Maria Cahill, the Belfast woman

0:18:53 > 0:18:57who said she was raped but then that the IRA covered it up.

0:18:57 > 0:19:01I was deeply disappointed and how, for instance, she responded to the

0:19:01 > 0:19:08revelations about Maria Queheille, and the fact that she had been

0:19:08 > 0:19:13abused. I thought she saw very little empathy, whereas in the Dail,

0:19:13 > 0:19:18on previous occasions, she has been extraordinarily sympathetic to women

0:19:18 > 0:19:20who have come through difficult situations.

0:19:20 > 0:19:25At the time, Sinn Fein insisted they did everything they could to help

0:19:25 > 0:19:29Maria Cahill, and say there are political opponents try to exploit

0:19:29 > 0:19:32the situation. Sinn Fein are now preparing for life without the man

0:19:32 > 0:19:37who has let them for three decades. So what will a Marylou McDonald

0:19:37 > 0:19:42presidency look like? She is urban, a woman, young, and

0:19:42 > 0:19:49would have her own ideas about what may be the party should do and where

0:19:49 > 0:19:52it should go. I'm sure she will ruffle some feathers.

0:19:52 > 0:19:56But will her approach to Northern Ireland change?

0:19:56 > 0:19:59Really, the concerns of the people in the Republic are quite different

0:19:59 > 0:20:05from concerns of people in the north, and she represents... She is

0:20:05 > 0:20:08a TD for Dublin Central, and the concerns of people there would be

0:20:08 > 0:20:11very different from people in Northern Ireland, so there are

0:20:11 > 0:20:16various issues she would have to very skilfully manage. Abortion is a

0:20:16 > 0:20:20big one. She would have a particular view which might not be widely held

0:20:20 > 0:20:23in Northern Ireland. Last weekend, the party talked about

0:20:23 > 0:20:35going into government, despite the fact that both Fine Gael and Fianna

0:20:35 > 0:20:38Fail have ruled out in coalition. So is Sinn Fein ready for Marylou

0:20:38 > 0:20:41McDonald to be in power? I think they will find it difficult

0:20:41 > 0:20:45to transition to being in government and part of a coalition which goes

0:20:45 > 0:20:48with all the collective responsibility which goes in

0:20:48 > 0:20:52Cabinet. So they have a bit of going up to do, and I think there will be

0:20:52 > 0:20:56a very steep learning curve, but I think Marylou will be up to the job,

0:20:56 > 0:21:00yes. Would Marylou McDonald make a good

0:21:00 > 0:21:04leader? I think she would make a feisty one.

0:21:04 > 0:21:07Some question whether Sinn Fein's current deputy president has the

0:21:07 > 0:21:09right experience. She has never held office in the

0:21:09 > 0:21:16sense of being a minister or having a role to carry out where she has

0:21:16 > 0:21:20had to make decisions other than, obviously, decisions made in the

0:21:20 > 0:21:28context of Sinn Fein and the republican movement as party. So she

0:21:28 > 0:21:30is untried and untested in that sense.

0:21:30 > 0:21:35Others insist that the Dublin TD has the right skills.She would be very

0:21:35 > 0:21:41competent, very professional, and I could see her handling the situation

0:21:41 > 0:21:44very, very well.I am an independent, and I am now in

0:21:44 > 0:21:48government.A lot of people thought that would not happen.Anything is

0:21:48 > 0:21:51possible in politics. If the political cards fall their

0:21:51 > 0:21:53way, Marylou McDonald could soon take their party towards government.

0:21:53 > 0:22:00She wants Sinn Fein to be in power quickly so she does realise Sinn

0:22:00 > 0:22:03Fein is going to have to compromise and is going to possibly have to go

0:22:03 > 0:22:09into power as the minority party. Mary Lou McDonald became a party's

0:22:09 > 0:22:11first NEP. The Dubliner could soon be making history again.

0:22:11 > 0:22:13Stephen Walker reporting.

0:22:13 > 0:22:15They've previously talked about their "constructive"

0:22:15 > 0:22:17relationship, but this week Arlene Foster was accused

0:22:17 > 0:22:22of slapping down Leo Varadkar over the Irish government's "reckless"

0:22:22 > 0:22:23position on Brexit.

0:22:23 > 0:22:25Then came a leaked Irish government report which branded

0:22:25 > 0:22:27the British Government's position one of "chaos and confusion."

0:22:27 > 0:22:29And speaking before an Oireachtas committee earlier today,

0:22:29 > 0:22:32the Irish Foreign Affairs Minister, Simon Coveney, didn't pull any

0:22:32 > 0:22:34punches when he said Ireland will not accept a bad

0:22:34 > 0:22:37deal for Ireland.

0:22:37 > 0:22:37So does Westminster need to put more effort

0:22:41 > 0:22:44The Taoiseach and I in particular have been very clear in terms of

0:22:44 > 0:22:50what we are asking for. That hasn't changed for months. What has

0:22:50 > 0:22:57changed, perhaps, is the expectation that Ireland, maybe when we come

0:22:57 > 0:23:02under a little bit of pressure, we might back off in terms of that ask,

0:23:02 > 0:23:06to a certain extent, or accent that it would be deferred interface two

0:23:06 > 0:23:09of the Brexit discussions. And some people seem to be surprised that

0:23:09 > 0:23:13that is not happening. -- into phase two.

0:23:13 > 0:23:17Maybe they were not listening and we told the first, second, third or

0:23:17 > 0:23:22tenth time. But I think people are listening now.

0:23:22 > 0:23:30For anybody who sees this from afar as simply a trading barrier, you

0:23:30 > 0:23:33know, they fundamentally misunderstand the strength of

0:23:33 > 0:23:37feeling politically in Ireland on this issue, and I have made that

0:23:37 > 0:23:42point very forcefully to some of my counterparts and friends who are

0:23:42 > 0:23:49negotiating on the British side. And I think Michel Barnier, as I said

0:23:49 > 0:23:53earlier, really understands that. He has come here and spoken to people

0:23:53 > 0:23:57and communities on the border and really made the point that Ireland's

0:23:57 > 0:24:00problems in Europe's problems in the context of this process.

0:24:00 > 0:24:02So does Westminster need to put more effort

0:24:02 > 0:24:03into solving the border issue?

0:24:03 > 0:24:06I'm joined by former Conservative Minister, Peter Lilley.

0:24:06 > 0:24:10Thank you very much indeed for joining us tonight.

0:24:10 > 0:24:14Simon Kirby was not pulling any punches there. The border is a

0:24:14 > 0:24:16pretty big issue and the Irish government is not at all satisfied

0:24:16 > 0:24:20that the Irish government -- that the British government is

0:24:20 > 0:24:24approaching it with the kind of commitment and sympathy that is

0:24:24 > 0:24:27necessary. Do you have any simply for that position?Not a lot. I

0:24:27 > 0:24:30thought it would be better that he would respond to the concrete

0:24:30 > 0:24:32proposals the British government has put forward. I don't know what his

0:24:32 > 0:24:38response is to the proposal that all small, medium and micro businesses,

0:24:38 > 0:24:4280% of the trade across the border, should be exempt from any controls.

0:24:42 > 0:24:45What is the Irish government response to that? I don't know his

0:24:45 > 0:24:53disposal to the proposal of larger businesses being able to pay taxes

0:24:53 > 0:24:58and quarterly intervals. What is the Irish have an's response to that? I

0:24:58 > 0:25:01imagine he is gearing up for an election in Ireland and competing

0:25:01 > 0:25:06with Sinn Fein for a sort of Irish unity vote. That is not a really

0:25:06 > 0:25:10good way of ensuring a good outcome of the discussions on the border.

0:25:10 > 0:25:14We had hoped to be hearing from the Fine Gael Senator Neil Richmond this

0:25:14 > 0:25:18evening. He was very keen to debate this issue with you, but as we have

0:25:18 > 0:25:23just reported, there has been an emergency meeting of the Fine Gael

0:25:23 > 0:25:26parliamentary party in Dublin tonight, and Senator Richmond was

0:25:26 > 0:25:29called to that, and it looks like there could be an election, as you

0:25:29 > 0:25:33have suggested, in the South in the next few weeks. We're not sure about

0:25:33 > 0:25:36that, but that is the way things are shaping up. My understanding of the

0:25:36 > 0:25:39Irish government position on the issues you're just outlined is, it

0:25:39 > 0:25:43may seems simple from your perspective in London, but on the

0:25:43 > 0:25:47island of Ireland, it is not that simple. It is a lot more

0:25:47 > 0:25:49competition, and they don't really understand how a lot of the issues

0:25:49 > 0:25:53that you think, and the UK Government thinks, can be dealt with

0:25:53 > 0:25:57in a very straightforward fashion, will actually happen. It is a lot

0:25:57 > 0:26:00more public later than maybe some people across the water thing.

0:26:00 > 0:26:04It is all very well to save his competitive. Why don't they give a

0:26:04 > 0:26:08public it'd respond to our proposals? If they have completed

0:26:08 > 0:26:11proposals as I understand it, the Irish government has farmed out its

0:26:11 > 0:26:14policy to Europe and is saying, we will just do what ever Europe wants

0:26:14 > 0:26:18us to do and borders. That is a very sensible. There are countries in

0:26:18 > 0:26:23Europe by Croatia and Cyprus which have special arrangements of their

0:26:23 > 0:26:26borders with third countries. Why isn't Ireland 's pressing for

0:26:26 > 0:26:31special arrangements on the border with Northern Ireland, so that we

0:26:31 > 0:26:37can have a sensitive border free arrangement which does recognise

0:26:37 > 0:26:41these sensibilities? I'm very well aware of them. I was responsible for

0:26:41 > 0:26:46Customs and Excise and the border when the problems were still there.

0:26:46 > 0:26:48I am probably more aware of it than he is.

0:26:48 > 0:26:51It is actually your problem to come up with the solutions are, in their

0:26:51 > 0:26:55view.We have!To come up with workable solutions, because you are

0:26:55 > 0:27:00the people who want to Brexit.What is his response to our proposals?

0:27:00 > 0:27:03Well, the responses they don't think they are workable, and it is not

0:27:03 > 0:27:07just the Irish government. Managers quote this to you. Last week is very

0:27:07 > 0:27:12programme, your former Cabinet colleague Ken Clarke, still an MP

0:27:12 > 0:27:16said he does not understand how Conservative ministers can hope to

0:27:16 > 0:27:21deliver a seamless, frictionless border in Ireland post Brexit if it

0:27:21 > 0:27:28leaves both the customs union and free market. He says that he has in

0:27:28 > 0:27:32the first notion of how they can deliver what they say they will

0:27:32 > 0:27:34deliver. Ken has a unique position in

0:27:34 > 0:27:38Parliament. He voted against Article 50, he is trying to do all he can to

0:27:38 > 0:27:42reverse the British government's decision, the British people's

0:27:42 > 0:27:45decision to leave the European Union. He will say anything

0:27:45 > 0:27:48reinforces that. I don't think he really added much to our knowledge

0:27:48 > 0:27:53of how to reach a sensible solution on the Irish border. I agree that it

0:27:53 > 0:27:58is important to get a good one. I don't know what the details problems

0:27:58 > 0:28:01the Irish government see, the concrete proposals the British

0:28:01 > 0:28:03government has positively put forward. Just saying not good

0:28:03 > 0:28:09enough, it is... You know, we don't agree, it is not helpful. What

0:28:09 > 0:28:12specifically is wrong? Why don't they were?I don't think they see

0:28:12 > 0:28:16them as concrete.It is a very concrete proposal.I'm sorry they

0:28:16 > 0:28:20are not here to make the case. It is not for me to make the Irish

0:28:20 > 0:28:25government case, but they have talked about chaos and confusion.

0:28:25 > 0:28:30His point is that the proposals from the UK Government are not concrete.

0:28:30 > 0:28:35They are concrete. Let me repeat. One of them is that 80% of trade

0:28:35 > 0:28:39across the border, carried out by small, medium and micro businesses,

0:28:39 > 0:28:43be exempt from any controls whatsoever and not counted by

0:28:43 > 0:28:47international trade.How would you believe that?Well, you wouldn't,

0:28:47 > 0:28:50because it would not be counted as international trade. Then the 20%

0:28:50 > 0:28:54that does count as serious trade, they would all be exempt from any

0:28:54 > 0:29:02requirements which normally occur at third borders to provide prior

0:29:02 > 0:29:06notification of goods crossing the border. They just had to do with

0:29:06 > 0:29:09that regular intervals when they pay their taxes, if there are customs

0:29:09 > 0:29:13duties, or any other taxes they have to pay. That would avoid the need

0:29:13 > 0:29:16for border controls. What is wrong with that? Have we heard any

0:29:16 > 0:29:21concrete criticisms of that proposal?You do realise it is a

0:29:21 > 0:29:26very long and very porous border with many, many hundreds of

0:29:26 > 0:29:32crossings?Yes.So how would you deal... Revenue Commissioners and

0:29:32 > 0:29:35customs officials in the south have looked at this in some detail and

0:29:35 > 0:29:38published some interesting reports. They have said that actually,

0:29:38 > 0:29:44dealing with the volume of traffic that you would have to deal with

0:29:44 > 0:29:46would be virtually impossible.We have put forward proposals where

0:29:46 > 0:29:49they wouldn't have to be dealt with at the border also how would you

0:29:49 > 0:29:53deal with the issue of smuggling across the border, which as you will

0:29:53 > 0:29:57know very well, has been an issue promised 100 years? Yes, indeed, an

0:29:57 > 0:30:04issue when I was there. So, smuggling, avoiding what kind of

0:30:04 > 0:30:07tax?There Reds a problem with smuggling fuel, for a start, and

0:30:07 > 0:30:10livestock.How would you deal with it differently from how you do at

0:30:10 > 0:30:16present the macro it is not for me to tell you how I would deal!It is

0:30:16 > 0:30:22for the Irish government to say, how would you deal with it? It is your

0:30:22 > 0:30:26administration that wants to effect this change. What are your concrete

0:30:26 > 0:30:29proposals were dealing with the kind of issues that will need to be dealt

0:30:29 > 0:30:33with? They are not my words, they are those of the Irish government. A

0:30:33 > 0:30:36chaotic and confusing approach. Which is a very vague and unspecific

0:30:36 > 0:30:42response. We have said we will not have any hard border controls. We

0:30:42 > 0:30:46understand, of course, that the EU normally does put hard border

0:30:46 > 0:30:50controls on any third country, and if they choose to treat us as a

0:30:50 > 0:30:54third country, then it will be a question of the Irish Republic

0:30:54 > 0:31:01agreeing with European laws. We have suggested ways that could be

0:31:01 > 0:31:05avoided.So you would just say, if there is a hard border, to the Irish

0:31:05 > 0:31:08government's fault?No, we're selling our document we appreciate

0:31:08 > 0:31:12we need to put forward a puzzle that will help the Irish government,

0:31:12 > 0:31:15avoid having as border controls. We won't have any border controls. We

0:31:15 > 0:31:18have put forward as proposals and not had any concrete response. All

0:31:18 > 0:31:23they have done is league third rate to full title from second ranking

0:31:23 > 0:31:28diplomats. -- leak. From a government which is this week,

0:31:28 > 0:31:31wobbling and not fit.

0:31:31 > 0:31:35Is this is a government that you have to do business with. You are

0:31:35 > 0:31:40supposed to be on good terms with. This is a government that has a veto

0:31:40 > 0:31:44and Simon Coveney has indicated if he's pushed he will use the veto. He

0:31:44 > 0:31:49will exercise the veto and where does that leave anybody? That would

0:31:49 > 0:31:51leave them where they presumably don't want to be.

0:31:51 > 0:31:55They would be forced to impose a hard border with customs. We

0:31:55 > 0:31:58wouldn't do so. They would put themselves in that position. I don't

0:31:58 > 0:32:02believe the Irish government will do that. I think it's a threat made

0:32:02 > 0:32:05ahead of elections because they are worried about losing votes to Sinn

0:32:05 > 0:32:09Fein. We will leave it there. Thank you very much indeed for joining us

0:32:09 > 0:32:15tonight.

0:32:15 > 0:32:17Let's hear what tonight's commentators have to say about that.

0:32:17 > 0:32:19Alex Kane and Fionnuala O'Connor are with me.

0:32:19 > 0:32:23I wish we had 20 minutes. Have a quick word about what Peter Lilley

0:32:23 > 0:32:27said. I didn't see that coming at the end. Did you?Yes, it's just

0:32:27 > 0:32:33silly. It's an ex-MP. I don't know if we should spend very much time...

0:32:33 > 0:32:38Former Cabinet Minister.He's former. He's one of the gang of four

0:32:38 > 0:32:44who a month ago, led bio Wen Patterson and John Redwood who wrote

0:32:44 > 0:32:48a letter to Theresa May trying to undermine her further by saying she

0:32:48 > 0:32:53must prepare for a hard Brexit, effectively.He is a former MP. You

0:32:53 > 0:32:55are absolutely right about that. I suspect his views represent the

0:32:55 > 0:32:59views of some of those in the UK negotiating team. Is that fair to

0:32:59 > 0:33:04say? I think they probably do. Generally speaking, it was mostly

0:33:04 > 0:33:07nonsense thatter interview. He told you twice he knew about customs

0:33:07 > 0:33:11because he had been responsible for customs and the border. He was never

0:33:11 > 0:33:13responsible for the customs and the border when the two countries were

0:33:13 > 0:33:18in different places. Everything he said there.It sounded colonial at

0:33:18 > 0:33:22one point. We will tell you what to do. Get a move op. Why can't you

0:33:22 > 0:33:29just do that. There was nothing there.The last line, worried about

0:33:29 > 0:33:33losing votes to Sinn Fein. Where did that come out of? Lucky there is

0:33:33 > 0:33:41this election. It made it sound marginally less like a lunatic.

0:33:41 > 0:33:53There is an unfolding situation in Dublin the emergency meeting tonight

0:33:53 > 0:33:59is Francis Fitzgerald is going nowhere. If she stays and they

0:33:59 > 0:34:07deploy the missile that is going to bring the government down?It is.

0:34:07 > 0:34:10His backing for Francis Fitzgerald sounds stronger at the minute than

0:34:10 > 0:34:16it did earlier today and over the last two three days when he

0:34:16 > 0:34:20certainly wasn't fulsome. I imagine he hoped that she would walk. She

0:34:20 > 0:34:29has said she's not walking. He's been forcedd He can't win an

0:34:29 > 0:34:35election.He can't. The weather has changed. An election before

0:34:35 > 0:34:39Christmas is the opposite of what they want.Is it an election called

0:34:39 > 0:34:43through a no confidence vote. Which is lost, that would be the case in

0:34:43 > 0:34:47this instance, it has to be held within three weeks. That would be up

0:34:47 > 0:34:51the 22nd November?Nobody wants a Christmas election.December.The

0:34:51 > 0:34:54other thing about this Mark, all the stuff we have been talking about the

0:34:54 > 0:34:57border and Brexit talks. If there is going to be an election that will be

0:34:57 > 0:35:03on hold we will not know until three weeks time if Sinn Fein are in

0:35:03 > 0:35:09government. All the dynamics will have shifted within three weeks.Let

0:35:09 > 0:35:14us talk about Lord Kilclooney's tweet. Referring to the Taoiseach as

0:35:14 > 0:35:22"the Indian."Very smart man John Taylor, I'm amazed to discover he

0:35:22 > 0:35:26thinks "the Indian" is short hand for Varadkar. Someone pointed out

0:35:26 > 0:35:33there are eight letters in one and - Yeah. Leo Varadkar is eight The

0:35:33 > 0:35:41Indian is ten, not longer.Sad.I haven't seen a Twitter storm like

0:35:41 > 0:35:45that for a long time, if ever. Twitter was going mad tonight?It

0:35:45 > 0:35:50was. Understandably. My partner who loves me says to me on the phone,

0:35:50 > 0:35:55"put it down. Put it away. Do not tweet a response to that." Someone

0:35:55 > 0:36:01should have come to him quiet and said, "stop it. Don't push it." He

0:36:01 > 0:36:05apologised an hour later. On Twitter you cannot afford...He loves

0:36:05 > 0:36:12attention.He's a canny politician. He doesn't like this attention.We

0:36:12 > 0:36:18will leave it there. Thank you very much. Busy programme.

0:36:18 > 0:36:20That's it from The View for this week.

0:36:20 > 0:36:23Join me for our coverage of the DUP Conference on BBC Two at 3.00pm

0:36:23 > 0:36:25on Saturday afternoon and, of course, Sunday Politics

0:36:25 > 0:36:27is at 11.35am on BBC One.

0:36:27 > 0:36:29But it was another busy week at Downing Street,

0:36:29 > 0:36:31so we sent our top man Gareth Gordon.

0:36:31 > 0:36:34What we didn't realise was that he has the power to control

0:36:34 > 0:36:35Government officials.

0:36:35 > 0:36:37Just keep an eye on Number Ten's front door.

0:36:37 > 0:36:42Good night!

0:36:57 > 0:37:05Yes I can hear you. Can you hear me? Were there any signs of progress

0:37:05 > 0:37:12made this morning in your view?As so often with the Northern Ireland

0:37:12 > 0:37:16peace process it's one step forward, two steps back. I'm not sure we even

0:37:16 > 0:37:20had a step forward this morning, but the interesting thing, first of all

0:37:20 > 0:37:25out of that Theresa May...