Oireachtas Joint and Select Committees

Thursday, 10 October 2013

Joint Oireachtas Committee on European Union Affairs

The Oireachtas and the European Union: Discussion

2:50 pm

Dr. Gavin Barrett:

Most of what Senator Noone said were comments rather than questions. I take her point about EU affairs.

Matters European are something akin to taxation law or the texts of mortgage agreements. It is all incredibly important stuff, but nobody wants to read through it. I sympathise with the difficulty of trying to get people interested in it. As I said, it is vital work, but the public reward for doing it is not as great as it should be.

Deputy Dara Murphy gave me enough questions to keep me going for several months, and they are all excellent questions. The Deputy is correct about the items I did not include in my report. That is because I was asked to do something different for this committee meeting. The suggestions we have discussed today will build on the report.

In terms of which countries we should look to, I am tempted to say Finland. There are several very serious academic experts in that country and it is very comparable to Ireland in terms of its size. It is, above all, a country that is making things work in terms of the interaction between national parliament and Europe. The Danish system is another which has attracted much attention. In both cases, there is a mandate system, which is an important factor. There is a great deal of misunderstanding about what a mandate system actually is. People assume that it involves the mandated committee telling government what to do. That is no more the case in countries with mandate systems than it is in countries such as Ireland in which, for the most part, the Legislature itself determines the content of legislation. In our case, the Oireachtas signs off on all legislation. When one considers the terms of the Constitution, one might assume it would be the determiner of the content of legislation. In reality, however, the Government proposes legislation and, notwithstanding the scope for some degree of change, it is the Government that is the driving force behind it and responsible for the bulk of the content. In countries with mandate systems, likewise, it is the Executive that determines the debates that take place. All that mandate systems do - and scrutiny reserve systems, for that matter - is ensure the involvement of parliaments. While we do need to be aware of that misapprehension, it is nevertheless well worth looking at such systems. I would examine the Finnish system in the first instance, but the Danish system is likewise well worth considering. Both are small countries from which we can draw lessons.

The Deputy's point about deciding what we want to do and then asking by whom it should be done is a good one with which I agree in principle. However, I suggest that we should decide the "what" very quickly. In the case of Seanad reform, for example, public pressure to act could well dissipate over time. There is an opportunity now to achieve something in this regard, and it should be seized. I take the Deputy's point, however, that the Government must decide the issues it will prioritise.

I also take the Deputy's point that this committee is already being asked to take on a larger role in terms of legislation. This is the perennial issue in regard to European legislation - that it tends to get driven to the end of the agenda, where it potentially will not be done very well.

The question was also raised of whether the Oireachtas should concentrate on draft EU legislation before it comes to the draft stage or when it is formally proposed. That really depends on what members want to achieve. If they want to exercise real influence at European level, then it is too late by the time the legislation is drafted. Proposals are already more or less set in stone at that stage. There might be some scope for amending around the edges, but the bulk of the content is already there. If member states want to influence that content, they must get in there early before the legislation is formally proposed. On the other hand, it comes down to a question of where within the five different models I outlined one wishes to position oneself. If Ireland wishes to be a European player, it must get in before the legislation is proposed. That is beyond doubt.

I was also asked about the best structure for formal engagement with MEPs. I was very impressed to see that Ms Emer Costello MEP appeared before the Seanad recently. I am not sure whether other MEPs did the same.

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