Finian McGrath (Dublin North Central, Independent)

I will share time with Deputies Boyle and Ferris.

I welcome the opportunity to speak on the issue of the EU constitutional treaty. I will demonstrate a different perspective, but it is one that should be considered by all Members of the House. Unfortunately, people who provide an alternative or different view, particularly people who represent working people, are often dismissed by the EU bureaucrats who fail to listen to the people on the ground.

The experience in France and other countries has shown that the citizens of Europe are more open and broad-minded than many elected leaders think. I am reminded of what Victor Hugo said to the French Assembly in 1848: "What Paris advises, Europe considers; what Paris decides, Europe continues". The constitutional treaty is severely damaged. In a 70% turnout on 29 May, 55% of the French voters killed off the 448 article monstrosity. The Dutch voters buried it a few days later. These results have been greeted with shock and hysteria by European leaders and editors. They believed their own propaganda and can, therefore, only respond with incomprehension. Like the 18th century aristocrats, they peer over the parapets and remark that the French are revolting.

Since the European leaders and opinion makers are politically bankrupt, they resort to psychological terms to explain what has happened. They say it is an outbreak of madness and that the French thought they were voting against Chirac. Perhaps it did not happen. They believe that France and the Netherlands have isolated themselves and that we can continue as if it never happened. However, it did happen and it is important we recognise that. It happened despite the best efforts of government parties and the main opposition party. It happened despite the overwhelming support of the French media.

It is important we accept the reality that people have major concerns about the way Europe is drifting. They have major concerns that this European constitution and the proposed plans for other aspects of it are out of touch with them. The draft constitution is a plan for a more centralised, more unequal and more undemocratic Union, further removed from ordinary citizens and more under the control of the political elites of the big member states such as Germany and France.

Up to now the European Union has been based on treaties between its members. It has been the creation of its member states and could not exist without them. The proposed treaty establishing a constitution for Europe sets out what is legally and constitutionally a new European Union, founded on its own state constitution. It makes the European Union an international actor in its own right, with legal personality and independent existence. It is separate from and superior to its member states, and able to negotiate treaties with foreign states on behalf of its members. Member states would become provinces of a centralised EU state whose policies are decided by supranational committees, the European Commission and the Council and Court of Justice, which in turn are run by undemocratic elites that are not elected by citizens nor under their control.

The treaty establishing a constitution for Europe repeals all the existing EU-EC treaties from the Treaty of Rome to the Treaty of Nice and incorporates their main elements into an EU state constitution. This was an opportunity to reassess these elements, repatriate powers back from Brussels to the member states and remedy some of the things that are drastically wrong with the Union, for example, the Common Agricultural Policy, the Common Fisheries Policy, EURATOM and the endless Brussels rules and regulations. However, the constitutional treaty makes no attempt to do this.

The people of Europe have not sought this EU constitution. Giscard d'Estaing's convention which drafted it failed to carry out the terms of reference given by the EU governments in the Laeken declaration. This called for "more democracy, transparency and efficiency" in the European Union, reforms that would bring the Union "closer to citizens" and the possibility of "restoring tasks to the Member States". The draft constitution does not propose restoring a single power from Brussels to the member states.

Article 1.10 of the constitution states: "The Constitution, and law adopted by the Union's Institutions in exercising competences conferred on it, shall have primacy over the law of the Member States". This has never been stated in an EU treaty before. Moreover, it applies to all areas of government, not just the mainly economic areas covered by previous EC-EU treaties. This provision abolishes the political independence of the member states. Constitutionally and politically they become like provinces of an EU state, with their national constitutions and laws subordinate to the EU constitution and laws.

In this short contribution I have presented a different view of Europe. I like to have an international view of the world. I fully support countries co-operating and working together internationally. However, I do not support nor do I understand countries which want to interfere in the internal affairs of nation states.

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