Bertie Ahern (Dublin Central, Fianna Fail)

I stated I am confident that everyone will support the reform treaty.

To prevent anyone reading this record thinking I did not raise the question, I reiterate that I am totally in support of the charter. I just want to ensure that the implications of the British protocol, which was tabled late and legally and carefully drafted, do not affect other countries, not only Ireland but all other countries because, normally, in the case of a ruling on any matter the European Court of Justice, ECJ, does not merely look at the treaty. Not alone does the ECJ look at the treaty, it looks at protocols, opt-outs and even footnotes. When it comes to form a judgment it is a little like what happens here, where when the courts look at what is written in an Act, they will look at what a Minister stated in his Second Stage speech and how he interpreted that section. The European Court of Justice does not operate differently. That is why I am very wary of these long protocols which the British have a long-standing habit of submitting stating that they are merely for Britain and affect nobody else. I have formed that view from experience of how it works.

On the Single Market, as Deputy Allen will be aware, there are robust and substantive provisions within the treaty which provide the legal basis for competition within the Union and there was quite a debate about the issue of competition. It is highly unlikely that any of these matters will have significant implications for the operation of the Single Market. The French President has a view on competition. Although he is not against it, his view is that issues of jobs and growth should take precedence and competition is the means rather than the end, according to his phrase in English. None of the discussion that took place will have significant implications for the operation of the Single Market.

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