Dáil debates

Wednesday, 7 February 2007

Ceisteanna — Questions (Resumed)

 

11:00 am

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)

We do not have legislation on human trafficking, but the heads of a Bill have already been approved and we will bring it before the House shortly.

The situation in Turkey was discussed and we will debate it during the statements on the European Council. There will be close monitoring of what was agreed in the Foreign Affairs Council in December. The Foreign Affairs Ministers set down in the GAERC precisely how they want to see this matter brought forward. Turkey will be monitored for some considerable time to see if it complies with the conditions for continuing negotiations.

The position on the constitution has developed a strong momentum. I thought last year it would be derailed, but Angela Merkel has made it a key issue, as Deputy Kenny will be aware from attending meetings with his group. A meeting took place in Madrid a few weeks ago which was attended by representatives of 18 or 19 countries. The pendulum has swung back and people are not prepared to leave this go. The stated position of 19 or 20 countries is that the constitution as it stands should be the constitution that is passed. Realistically, that is probably impossible for the Netherlands and France and there will have to be some accommodation of their positions and of other considerations. I am glad to see the Germans have taken the same view as ourselves and have opened negotiation sessions. I think the Berlin declaration will be about the constitution.

There are some important issues, especially the consideration of our friends in the UK. They would like to see the charter of fundamental rights taken out of the constitution. Whatever else happens, I do not want to see that. I worked long and hard to make sure it was put into the constitution. Taking it out would create many difficulties as it would be very difficult to convince people to accept a constitution that has not got the charter in it. Therefore, the negotiations should stay as close as possible to the original negotiations. We must obviously facilitate some of the difficulties and we must be reasonable. We can slim down the document by taking out some sections without losing the substantive compromises and balances which were built in not only during the Irish Presidency — that is not the issue — but also in the convention in the years preceding the Italian and Irish Presidencies.

The date on which this can realistically come about is becoming clearer. I think it can be done by 2008. We could get into a position whereby changes could be made to allow for parliamentary ratification practically everywhere other than Ireland, which would have a constitutional referendum. That is not a position I would like Ireland to be in, but I fear that such movements could happen. That will be an ongoing difficulty for this country, which we should address some day, but it cannot be addressed now. The relevant date is 2008, after the French Presidency. There will be a great deal of momentum if Germany's tactic works and its negotiating position, which is a good one, is successful. If it transpires that 18 or 19 countries have ratified the proposed constitution, four, five or six of the remaining countries will have to ratify it in their Parliaments within a tight period of time. That will create its own problems, but that is the way I think things will pan out.

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