Pearse Doherty (Donegal South West, Sinn Fein)
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Question 106: To ask the Tánaiste and Minister for Foreign Affairs and Trade if there is any basis in EU treaty law for the proposed automatic correction mechanism outlined in the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union; and if he will make a statement on the matter. [9449/12]

Pearse Doherty (Donegal South West, Sinn Fein)
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Question 108: To ask the Tánaiste and Minister for Foreign Affairs and Trade if he will outline the EU treaty basis for the proposal to make the balanced budget rule as outlined in the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union subject to the jurisdiction of the European Court of Justice; and if he will make a statement on the matter. [9451/12]

Pearse Doherty (Donegal South West, Sinn Fein)
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Question 109: To ask the Tánaiste and Minister for Foreign Affairs and Trade if the proposed penalty of no more than 0.1% of GDP for non-compliance with a European Court of Justice judgment on compliance with Article 3(2) of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union has any basis in EU treaty law or any other EU legal instrument; if so, if he will detail the legal basis of this proposed penalty; and if he will make a statement on the matter. [9454/12]

Eamon Gilmore (Dún Laoghaire, Labour)
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I propose to take Questions Nos. 106, 108 and 109 together.

When agreement was reached in December to put in place new arrangements to enhance the stability of the euro area, Ireland made clear its preference for proceeding within the EU Treaties, and with the involvement of all 27 Member States. This did not prove possible, so it was agreed to proceed with a separate Treaty among those wishing to participate. Agreement on these new arrangements – set out in the "Treaty on Stability, Coordination and Governance in the Economic and Monetary Union" – was reached at the end of January.

While the arrangements are not part of the EU Treaties, Article 2 makes it clear that the new Treaty "shall be applied and interpreted by the Contracting Parties in conformity with the Treaties on which the European Union is founded". Furthermore, the new Treaty shall apply only "insofar as it is compatible with the Treaties on which the European Union is founded and with European Union law". This is an important provision that the Government argued for and strongly supports.

What is more, Article 16 of the new Treaty provides that "within five years, at most" of the new Treaty entering into force "the necessary steps shall be taken…with the aim of incorporating the substance of this Treaty into the legal framework of the European Union". Again, this is a most welcome provision and the Government hopes that such incorporation can take place at as early a date as possible.

While the new Treaty is not part of the EU Treaties, many of its provisions are already found in EU Treaties or law, including within the Stability and Growth Pact, as strengthened by the six legislative measures adopted last year – the so-called 'six-pack'.

Pearse Doherty (Donegal South West, Sinn Fein)
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Question 107: To ask the Tánaiste and Minister for Foreign Affairs and Trade if he will detail in general terms the different legal obligations placed on him arising from political agreements at European Council level as represented in Council summit conclusions; regulations as agreed by the European Parliament and European Council; EU treaty law, inter-governmental treaty law; and if he will make a statement on the matter. [9450/12]

Eamon Gilmore (Dún Laoghaire, Labour)
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EU Treaties are agreements between all EU Member States that create binding obligations in international law and constitute the primary source of Union law. A Regulation is a legislative act of the Union which, under the ordinary legislative procedure, is jointly adopted by the European Parliament and the Council under the powers conferred upon them by the Treaties. A Regulation has general application, is binding in its entirety and is directly applicable in all Member States.

Council Conclusions are conclusions adopted at Council meetings. They record political agreement within the Council on policy issues under discussion and the Council's commitment to policy initiatives or actions. They also provide the opportunity for the Council to express its position on developments both within the European Union and internationally. Council Conclusions are not themselves legally binding instruments although they may refer to such instruments or even attach them as annexes.