Billy Timmins (Wicklow, Fine Gael)

Regarding subsidiarity, the Union shall only act in so far as the objective in question cannot be sufficiently achieved at member state level. In respect of proportionality, the Union shall only act to the extent necessary to achieve the objective in question. I cannot see how anybody could argue with any of those points. The Union is conferred with a single legal personality. Competences in different policy areas will be grouped by category. The Union will have exclusive competence in areas such as competition rules for the Internal Market and monetary policy for euro currency states.

Regarding shared competences, member states can take action if the EU does not, for example, in energy policy, environment and consumer protection. There is the concept of a supporting role where competence lies with member states but the Union has a supporting role, for example, in health and education. Unanimity is retained in taxation and defence. There are new areas of competence dealing with cross-border threats to health, energy security, sport, humanitarian assistance, space policy and climate change, which are all very desirable.

Enhanced co-operation will require at least nine member states, which is one third of member states. This would need to be open, then and later, to all member states. When relating to internal EU matters, external economic relations and humanitarian aid, it would need to be backed by the Commission, approved by the Council and accepted by the European Parliament.

Common foreign and security policy will need to be unanimously approved by the Council. Decisions in common foreign and security policy would in general continue to be made by unanimity. However, there will be two exceptions. The treaty provides for the possibility of QMV where a particular decision relates to a policy previously decided at summit level or alternatively to details of implementation. However, even in these cases, a member state could, for vital and stated reasons of national policy, veto any resort to decision by QMV. There is a general clause, under which the European Council could decide unanimously to transfer decisions from unanimity to the QMV category in any common foreign and security policy domain, other than military and defence aspects.

I wish to deal with the concept of structured co-operation, whereby member states with bigger military capabilities could come together. Only member states taking part in this arrangement will be permitted to debate and vote. Member states are bound to support the Union's common foreign and security policy. Regarding common defence, when the EU unanimously decides, it will be up to Ireland to decide what arrangement or participation we will have and if we participate in common defence, a referendum will be required.

I hope we will get an opportunity to deal with details of the Bill on Committee Stage. There are many other aspects with regard to foreign direct investment, which I hope speakers from this side of the House will address. On Committee Stage we will raise some issues with respect to what will become subsections 13° and 14° of Article 29 of the Constitution. It may be unnecessary to include them as we believe the authority already exists in the Constitution given that we have signed up to the treaty.

Fine Gael wholeheartedly supports the Bill. We compliment the Taoiseach, the Minister for Foreign Affairs and the Minister of State, Deputy Dick Roche, on the work they have carried out in the past on the EU constitution. We on this side of the House will give any assistance we can over the coming months. It is in our interest and the country's interest that we all support this referendum.

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