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What exactly is the Irish backstop, which could derail a final Brexit deal?

Should it be for a limited period of time or not? Would it apply to the UK as a whole, or just Northern Ireland?

EU referendum Boris Johnson, who wants to scrap the backstop, waits for a train at Doncaster Railway Station. PA Archive / PA Images PA Archive / PA Images / PA Images

THE IRISH BACKSTOP.

It’s almost been a year since the UK government and the EU agreed to a political safety net for Ireland, and we’re still no closer to agreeing the details of what it would look like.

Further than that, the UK government has created uncertainty over whether the final Withdrawal Agreement will include a backstop, which is why the EU and Irish government have been so staunch in repeating that it was a vital, “cast iron guarantee” of no border in a final Brexit deal.

Former foreign secretary Boris Johnson, who’s among the candidates to become the next Tory leader, has said that the backstop should be scrapped completely.

On the latest episode of the Guardian ‘Politics Weekly’ podcast, one contributor Jonathan Lis said that there needed to be “less illusion” at this “11th hour, or five minutes to midnight” about the backstop that Theresa May signed up to in December.

“Michael Gove, who is not a stupid man, and Boris Johnson and others have been falling over themselves to say that they didn’t understand what their own government signed up to in December. Now that is not acceptable.

This idea that there’s no unified government position at the end of the negotiations, is unprecedented in its level of incompetence.

So if you haven’t quite grasped what exactly the backstop is, you’d be forgiven.

Here’s what it is

Brexit Taoiseach Leo Varadkar (centre), Tanaiste Simon Coveney (right) and Minister for European Affairs Helen McEntee. PA Archive / PA Images PA Archive / PA Images / PA Images

The backstop is a sort of Plan B, insurance policy, or safety net that would kick in if a better deal isn’t agreed in the second stage of Brexit talks, which will focus on trade (a part of the Future Relationship).

The backstop would kick in at the end of the transition period – which starts on 29 March and ends on 31 December 2020 - if a final deal is agreed. 

original (4) European Commission European Commission

Put simply, the backstop ensures that Northern Ireland would stay “aligned” to the regulations of the single market and the customs union if there is still no other solution that would avoid infrastructure along the Irish border.

To avoid a border, it means there would have to be the same or similar custom rules and regulations for products, food, animals, people and vehicles between the UK and the EU – or Northern Ireland and the EU.

“Regulatory alignment” is the guarantee, which is important: it doesn’t mean the regulations would be the exact same, but similar enough to avoid a hard border.

Until talks between the EU and UK on trade begin, it won’t be clear how many regulations and customs checks will be the same or different, and because of that it isn’t clear whether the backstop is necessary.

But almost immediately after the deal was struck, there’s been disagreement over what the backstop is. For example:

Should be for a limited period of time or not? The UK says it should be time limited, the EU responded by saying it needed to be an “all-weather” backstop, and would be pointless if it were temporary.

Would it apply to the UK as a whole, or just Northern Ireland? The UK wants it to apply to the whole of the UK until a better deal is made. But the EU say that it can only apply to Northern Ireland, as its whole point is to preserve the peace process. It also says that it’s less of a hassle for the backstop to apply to a small region than it would the entire UK.

If there’s no agreement on the backstop – as in, if they can’t agree on “regulatory alignment” on the island of Ireland that would mean no infrastructure is needed – then there is no Brexit deal and the UK will go crashing out of the EU.

Ironically, if the UK does go crashing out of the EU, it’s most likely that a hard border will automatically reappear on the island of Ireland anyway – which is something German Chancellor Angela Merkel admitted to last week.

Taoiseach Leo Varadkar warned EU leaders at the end of the October summit, that if a hard border does return to the island of Ireland, it could see a return to Troubles-era violence.

Political influence on the backstop

General Election 2017 aftermath Theresa May and her colleagues sit with Arlene Foster and the Tory leadership, June 2017. PA Archive / PA Images PA Archive / PA Images / PA Images

The backstop was first decided upon in early December 2017, but although the EU and UK came to an agreement, the final signing was delayed after the DUP said it was unhappy with the wording. 

The party wanted an assurance that a border would not appear along the Irish Sea, which the backstop wording had remained helpfully vague on before the DUP’s input.

But last December, as the EU and UK were on the cusp of an agreed backstop, Theresa May flew out from Brussels to meet the DUP leadership to hear their concerns (as its 10 Westminster MPs are propping up her Tory government).

After this, the backstop included a line confirming that there would be “no new regulatory barriers develop (sic) between Northern Ireland and the rest of the United Kingdom”. 

If the EU negotiators thought that the UK’s stance on this would soften, they were wrong. Theresa May has repeatedly said that she wouldn’t accept a deal that would “carve off” Northern Ireland from Great Britain, and that she would preserve the integrity of the United Kingdom.

Barnier tried to “de-dramatize” the idea of customs checks on trade between Great Britain and Ireland, saying that it would simply increase the number of goods and vehicles checked at ports and airports.

But as recently as yesterday, May told the House of Commons: “Anything that effectively creates a customs border along the Irish Sea is not acceptable.”

Many theorise that the DUP is a major part of May’s inability to strike a deal: although there are already differences in social policies between Northern Ireland and Great Britain, unionists fear that if the EU were to treat the North as an exception for peace-keeping reasons, that it could eventually lead to a united Ireland.

So, what’s the latest?

Belgium EU Brexit British Prime Minister Theresa May. Francisco Seco Francisco Seco

Among the discarded solutions to the Northern Irish border issue that have been shot down over the past year are “Oyster-card-like technology” to check the movement of goods and people; the Canada border which was dismissed by the Irish government as “efficient, but it’s still a hard border” and a backstop to the backstop

Yesterday in the House of Commons, May said that they were 95% agreed on a Brexit deal, but that there remained ”one real sticking point”. The backstop.

She said that four things needed to happen now, just five months before her country leaves the European Union.

Firstly, she wants the UK and EU to agree to a temporary customs deal so that the Northern Ireland only proposal is no longer needed, adding that the relationship between the North and the UK was integral to the Good Friday Agreement and that “nothing we agree with EU under Article 50 should risk a return to a hard border”.

Secondly, and most importantly, she said that she wanted the option to extend the implementation period as an alternative to the backstop, despite describing an extension as “undesirable”.

“By far the best outcome for the UK, for Ireland and for the EU – is that our future relationship is agreed and in place by 1st January 2021… But the impasse we are trying to resolve is about the insurance policy if this does not happen.”

If at the end of 2020 our future relationship was not quite ready, the proposal is that the UK would be able to make a sovereign choice between the UK-wide customs backstop or a short extension of the implementation period.
There are some limited circumstances in which it could be argued that an extension to the implementation period might be preferable, if we were certain it was only for a short time. 

(The third point she made was that neither of these options could be indefinite, and the fourth was that Northern Irish businesses enjoy full access to Great Britain.)

“We have to explore every possible option to break the impasse and that is what I am doing,” she said. So for now, the ball is in the EU’s court.

original (5)

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    Mute Odd Socks
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    Sep 13th 2021, 5:01 PM

    Somebody is trying to get back into the good books again.

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    Mute JusticeForJoe
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    Sep 13th 2021, 5:35 PM

    @Odd Socks: There’s a serious whiff of election in the air

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    Mute Roy Dowling
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    Sep 13th 2021, 6:07 PM

    @JusticeForJoe: or you know an up coming budget.

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    Mute JusticeForJoe
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    Sep 13th 2021, 6:19 PM

    @Roy Dowling: and a load of let’s-test-the-water articles about which way people would vote, can they imagine a SF government, etc.
    I reckon there’s a doings a transpirin’!

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    Mute Karen Ní Dhochartaigh
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    Sep 13th 2021, 6:56 PM

    @Odd Socks: ah yea the extra 5er to bag the votes. I swear Id love to see politicians try and live off the average state pension and see how they get on.

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    Mute Clubhouse Barman.
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    Sep 13th 2021, 7:08 PM

    @Karen Ní Dhochartaigh: ah stop…. these people are overseeing a public sector pension deficit of about €2.5 billion. Who’s going to fill that hole?!

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    Mute Dave O'Looney
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    Sep 13th 2021, 8:31 PM

    @Odd Socks: yeah, that’s how politics work….

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    Mute Stephen Kearon
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    Sep 13th 2021, 5:18 PM

    Rather than across the board rises in welfare, far better to speed up move to a contribution based system, ie dole payment is proportional salary, and are tapered, so a true safety net job between jobs, rather than encouraging dependency

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    Mute John Michalski
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    Sep 13th 2021, 5:24 PM

    How about no. Lower my already insane taxes

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    Mute Mr Cylinical
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    Sep 13th 2021, 9:22 PM

    @John Michalski: if they raise income tax, what’s your choice? Vote for Sinn Fein? If they hand out cash and go for the SF vote they might not get crucified at the next election

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    Mute John Michalski
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    Sep 14th 2021, 12:30 AM

    @Mr Cylinical: if they raise my taxes directly or indirectly then yes. I have no issues voting for SF. Im not saying they will do a great job, but these guys are not listening so something has to be done to be heard.

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    Mute Quiet Goer
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    Sep 13th 2021, 4:51 PM

    Sounds about right. I am just back from a shop that was selling fuppin’ wicker baskets for putting logs in for €99. Prices of just about everything have gone mad. Would hate to be eking out an existence out of the dole these days.

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    Mute AJ
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    Sep 13th 2021, 5:04 PM

    @Quiet Goer: that’s the idea. You should be put off.

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    Mute Johnny Mads
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    Sep 13th 2021, 5:11 PM

    @AJ: Bought one of those baskets for €109 lately, great addition to the penthouse.

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    Mute a
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    Sep 13th 2021, 5:28 PM

    @Johnny Mads: No point in getting one unless you have an open fire pizza to accompany it.

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    Mute ed w
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    Sep 13th 2021, 6:48 PM

    @Quiet Goer: 99 euro I can get a proper local willow one made up the road for less and it will last for ever

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    Mute transik
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    Sep 13th 2021, 6:52 PM

    @AJ: but then again if god forbid for some unforeseen circumstances, you land yourself in that position-payment should be enough for a decent living,short term of course i mean thats why the taxes are so high right?

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    Mute Pádraigín O'Sirideáin
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    Sep 13th 2021, 4:56 PM

    What constitutes the word ‘hike’ a €2.50 rise a week?

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    Mute Paul Power
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    Sep 13th 2021, 4:59 PM

    @Pádraigín O’Sirideáin: and from when, maby April 2022.

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    Mute #1 Fifthwheel
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    Sep 13th 2021, 5:13 PM

    @Pádraigín O’Sirideáin: probably another e5 for a coffee or a sandwich!!

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    Mute James Reardon
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    Sep 13th 2021, 5:41 PM

    @Pádraigín O’Sirideáin: nothing compared to the hike in berties pension is it?

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    Mute GrumpyAulFella
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    Sep 13th 2021, 5:48 PM

    @#1 Fifthwheel: was suffering from a lack of sleep yesterday and went into a well known coffee shop chain. They charged over €7 for a fairly basic sandwich. €5 won’t get you anywhere.

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    Mute pat seery
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    Sep 13th 2021, 5:29 PM

    Good Old Leo Leaking the Budget What’s Another Leak No Harm in Leo’s Eyes

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    Mute Welk wrangler
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    Sep 13th 2021, 6:55 PM

    Can we get rid of the austerity tax/USC as promised Leo?

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    Mute Joan Murray
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    Sep 13th 2021, 6:30 PM

    Am I the only pensioner here who thinks that the state pension(contrib and non-contrib) is already generous. It is in no actuarial sense remotely justified on the basis of the contributions currently required to qualify for 20 to 30 years of not working (and thats not counting the cost of the increased health and care supports needed as we age). Pensioners are exceptionally well looked after in this country, but it is future generations who will eventually have to pay for generosity towards my generation today. To even consider raising the pension payment, or other already generous welfare payments, is vote buying that is pure bribery.

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    Mute Dave
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    Sep 13th 2021, 8:29 PM

    @Joan Murray: Joan that is a very fair point, it really seems like they looking for votes to be honest with you and couldn’t give a fiddlers. about anything but that…

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    Mute Paul Power
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    Sep 13th 2021, 11:15 PM

    @Joan Murray: you may think differently when you see the price hikes that’s coming.

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    Mute Dean
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    Sep 13th 2021, 5:30 PM

    Apartment I rented 10 years ago has tripled in rent price. Inflation has been soaring while house prices & rents across the border are two to three times cheaper.

    We’re losing billions to tax avoidance, which this party NEVER tackles. And losing wages that go to company profits instead of going to the actual workers.

    There’s an election in Norway today with indications that they are leaning further Left which will strengthen worker rights.

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    Mute Daniel Roche
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    Sep 13th 2021, 5:37 PM

    @Dean: And then they will learn and change back like Sweden did when they tried the left life.

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    Mute Dean
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    Sep 13th 2021, 5:49 PM

    The 5 Nordic countries have always been Left govts, under a Social Democracy model, which gives strong worker rights.

    American companies tried to bust unions in Sweden to pay workers less but failed. They still set up their businesses there.

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    Mute Daniel Roche
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    Sep 13th 2021, 5:52 PM

    @Dean: You might want to look up the swedish.

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    Mute Paul Mc
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    Sep 13th 2021, 6:00 PM

    Throw the pensioners and the disabled a few euros a week extra while they enjoy a couple of rises themselves worth thousands,
    Yes we are all in this together comrade Varadakar!

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    Mute Max Power
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    Sep 13th 2021, 6:01 PM

    A lovely tanned picture of Leo for that article of good news …..It will cost a lot more than an extra fiver for OAPs and social welfare recipients in the budget to buy Fine Gael another stint with their snouts in the trough !

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    Mute Pádraigín O'Sirideáin
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    Sep 13th 2021, 6:15 PM

    @Max Power: perhaps this hint at a SW pension ‘hike’ ( which is a joke) is to justify their 5 grand a year payrise… again.

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    Mute The next small thing
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    Sep 13th 2021, 6:18 PM

    @Max Power: That fiver increase would work out as at least a 10% increase, how many employees are getting a 10% increase? For pensioners alone the cost would be over an extra 135 million per year. People give out about tax rates and tax increases but then give out that we aren’t giving large enough increases to social welfare rates, building enough social housing etc., you can’t have it both ways.

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    Mute Max Power
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    Sep 13th 2021, 6:46 PM

    @The next small thing: not giving out about increases….. It is the FG PR stunt to buy power with my taxes what is sickening me

    200e social payment increase of 5e is not 10%

    Where you getting 10%?

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    Mute Paul Power
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    Sep 13th 2021, 7:11 PM

    @The next small thing: your maths are way out with 10%.And pensions were cut in real terms in the last two budgets.

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    Mute The next small thing
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    Sep 13th 2021, 8:15 PM

    @Max Power@Paul Power: Sorry, the 10% is way off alright. Jesus you take a week off work and your brain just shuts down, don’t mind me, I’m just going to lie down in a dark room for the rest of the evening.

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    Mute Paul Maguire
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    Sep 13th 2021, 6:14 PM

    Buying votes

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    Mute Bala mc blaha
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    Sep 13th 2021, 5:41 PM

    How old? before TD’s can collect their pensions . . . .

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    Mute El Poblo Escobar
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    Sep 13th 2021, 6:13 PM

    Couldn’t believe this clown 12 of July he said we can’t give tax cuts to the people because of COVID what a differences a few scandals make
    https://www.irishexaminer.com/news/politics/arid-40335302.html
    No tax cuts in July cause we can’t afford it now he says there will be a tax package remember these lads will give with one hand and take back double with the other

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    Mute Stephen Maher
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    Sep 13th 2021, 6:38 PM

    Reactive instead of proactive, Iv news for FG, the cost of living has been skyrocketing since 2013 mainly driven by the cost of property and rent across residential and commercial property. Wake up.

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    Mute Margaret Kane
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    Sep 13th 2021, 6:34 PM

    Pensioners work all their life and retire to a pittance the state pension should be at least the equivalent of the minimum wage

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    Mute Dave
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    Sep 13th 2021, 8:34 PM

    @Margaret Kane: All comes down to how much tax is been taken in, the money for state pensions comes from the people working right now…. But make no mistake about it these chancers are not in the slightest worried about “Pensioners work all their life” they simply want votes, nothing less nothing more.

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    Mute Joan Murray
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    Sep 14th 2021, 12:23 AM

    @Margaret Kane: you do realise the minimum wage is an hourly rate, which means you would receive precisely zero, for zero hours worked.

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    Mute Margaret Kane
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    Sep 14th 2021, 3:39 PM

    @Joan Murray: im talking about pensioners who worked all their life and put in thousands of hours

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    Mute Paul Guckian
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    Sep 13th 2021, 9:28 PM

    What about the squeezed middle who have to pay for everything and still get up early in the morning?

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    Mute Dave
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    Sep 13th 2021, 8:36 PM

    I’m assuming the honest hard working people who kept the country form drowning will get some good news soon maybe? I doubt it…

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    Mute Stealth
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    Sep 14th 2021, 2:40 AM

    @Dave: doubfull, my sector was due an ERO increse in 2020, that was delayed to early 21, then June which became Sep and we are now told early 22 maybe.
    Havent seen an increase since 2018.
    In an industry that was told we were frontline and essental but didnt even get so much as a personal thanks for working throuout the pandemic.

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    Mute Donal Desmond
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    Sep 13th 2021, 8:51 PM

    Varadkar gave an interview early this morning saying pension and social welfare payments will be increased. Only problem is later on Drive time Pascal O’Donoghue stated this increase has yet to be discussed with FF/ Greens. Wonder did Varadkar tell the spineless one Martin about his statement or like the Zappone fiasco is he keeping it as a last minute surprise for Martin.

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    Mute Gerard Heery
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    Sep 13th 2021, 5:38 PM

    I won’t be bothering with the pension I can live on fumes now got a good experience of leaving on foraging the supermarket’s for cheap nutrition , in the ten years of the last recession, ha

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    Mute gavin o brien
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    Sep 13th 2021, 8:02 PM

    The idea of this rise is to pit the haves and the have nots at each other, while deflecting any criticism at the goverment. For what we all pay in tax(eveybody pays some form) we get short changed in services no matter what part of the social ladder your on

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    Mute Hugh Mc Donnell
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    Sep 13th 2021, 9:50 PM

    Watch out for the greens stealth taxes given in one hand taken by the other

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    Mute Craig Clancy
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    Sep 13th 2021, 8:14 PM

    Text book move…shocked if they didn’t try pull this one yet again.

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    Mute Epgenetics29 Declan Christoph
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    Sep 13th 2021, 7:20 PM

    Cynical Bertie Bowl stuff, freebies for everyone to distract and deflect. I thought this type of side show was a Fine Fail trope? If Martin has any scruples left he should pull the plug before this Punch and Judy party get the stage. The minuscule amount the pensioners will get won’t make a modicum of difference with inflation, rising fuel and electricity prices, plus no mention of tax reforms. Cynical, ignorant and insipid stuff from the party for the wealthy. …. On it goes…..

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    Mute Paul Whitehead
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    Sep 13th 2021, 11:21 PM

    I’m planning on saving the fiver for 3 years and then getting a pair of Kanya West trainers.

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    Mute Stealth
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    Sep 14th 2021, 2:48 AM

    A €4 a week increase while taking in an extra €8 from steath tax/increases more likely.

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    Mute Charles Coughlan
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    Sep 14th 2021, 12:09 AM

    Election on the way, FFG need to improve their poll ratings, beware of the hand that feeds you because it will be taken back as quick as you turn your back, typical of FFG…

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    Mute Davis Payne
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    Sep 14th 2021, 8:23 AM

    Less tax for me please

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