Pat Carey (Dublin North West, Fianna Fail)

Like the Minister of State, Deputy Tom Kitt, I am a strong advocate of a "Yes" vote in this referendum not because everyone else wants it, but because it is the proper course of action for Ireland, Europe and the world.

With other Deputies and former Deputies, I had the pleasure of being involved in some small way in the formation of the treaty's precursor, that is, the draft constitutional treaty. I pay tribute to those people, including the Minister of State, Deputy Roche, the former Taoiseach, John Bruton, former Deputy, Proinsias de Rossa, MEP, and the Minister for the Environment, Heritage and Local Government, Deputy Gormley. A number of others were involved. It was an opportunity for all of us to gain further insight into how Europe has evolved. I want to pay tribute to the enormous contribution of the Taoiseach during that document's formulation and to the Lisbon reform treaty.

I will advert to three areas, the first being the area of freedom, security and justice. We would all agree that many of the challenges facing societies are transnational in nature, particularly in respect of crime. Co-operation across Europe is clearly vital and unavoidable. As everyone is aware, there has been considerable debate on Ireland's position on these matters. Some in the legal profession take the view that we should be more adventurous whereas others have expressed caution.

I refer to Ireland's position when negotiating the treaty. The Government decided that on balance, it would be appropriate for Ireland to avail of both opt-out and opt-in arrangements with regard to judicial co-operation in criminal matters and police co-operation.

This means that measures concerning freedom, security and justice will not apply automatically to Ireland, which can participate in proposals on a case by case basis. At the same time the Government decided that in keeping with our strong commitment to the Union, Ireland should make a political declaration stating its firm intention to participate, to the maximum extent possible, in proposals concerning judicial co-operation in matters of police co-operation and so on. The declaration, which was published with the new treaty, further states that this undertaking on the part of Ireland will apply in particular to the area of police co-operation.

In that respect and arising from my involvement in helping to co-ordinate the national drugs strategy, I wish to draw the attention of Members to an initiative that is important in its own right and which will be strengthened further on adoption of the Lisbon reform treaty. In 2007, in what constituted a significant move to foster better co-operation among the law enforcement communities, Revenue and other joint task force partners, including the Garda Síochána and the Naval Service, supported the initiative led by the Department of Justice, Equality and Law Reform regarding the development of the Maritime Analysis and Operations Centre for Narcotics, MAOC-N, in Lisbon, Portugal. My colleague, the Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, signed the relevant international agreement in Lisbon on 30 September last.

Six other EU states, as well as the US authorities, are involved in this important initiative. The parties working at the centre will pool intelligence and ascertain the availability of air and naval resources in a concerted effort to prevent the trafficking of drugs and cocaine in particular, into Europe from South America. Most recently, western Africa has figured as a staging post for this illicit product. The MAOC-N will assist law enforcement in such developing countries to prevent their territories from being used as transit routes by the organised criminal gangs involved in this nefarious trade. The centre now is in operation and already has registered some significant successes. I am pleased to note that an Irish customs liaison officer will be assigned to work there and I am highly confident the centre will play a significant role in protecting the citizens of the EU against the scourge of drug trafficking.

Ireland has been one of the most active participants in Eurojust activity and in the field of judicial co-operation and a strong "Yes" vote will make Ireland's position even stronger. Another good reason, among many, for Ireland to adopt a "Yes" position and for me to support a "Yes" vote arises from the treaty's inclusion of the Charter of Fundamental Rights. The charter probably is the first democratic document to be drawn up since the foundation of the European Union. It was drawn up by the precursor to the convention that drew up the draft constitutional treaty and many Members from both sides of the House were involved in its formulation. I listened to Deputy Michael D. Higgins last night when he spoke of everyone promoting the cause of competitiveness and of an insufficient emphasis being devoted to the area of cohesion. I believe the Charter of Fundamental Rights, which is embedded in the Lisbon reform treaty, in conjunction with the Lisbon Agenda, which emphasises cohesion in addition to competitiveness, will be a key instrument in ensuring the protection and enhancement of citizens' rights.

The charter, which was originally adopted as a political declaration by the European Union institutions on 7 December 2000 was recognised as having the same legal value as the other treaties. While many member states had supported giving the original charter legal status, others, including Ireland, believed that some further definition and explanation of its provisions was needed. I believe this refinement, which has been open to criticism in certain quarters, has strengthened the provision of the Charter of Fundamental Rights. The adapted text of the charter was formally agreed by the European Union's institutions in Strasbourg on 12 December 2007 and this text will be given legally binding status by the treaty. The treaty makes the Charter of Fundamental Rights binding on the Union's institutions and on the member states when they are implementing EU law. The charter makes clear that its provisions are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the member states only when they are implementing Union law.

One should consider the manner in which the charter reflects the existing jurisprudence of the Court of Justice. This means the court only will review the actions of member states that fall within the scope of Union law, including fundamental rights standards. Examples of this might be in cases in which Irish Government officials enforce equal pay rules or impose restrictions on free movement of foodstuffs on public health grounds, or in which the Oireachtas enacts legislation to give effect to European directives in the field of environmental protection.

The final area to which I wish to advert briefly is in respect of the enhanced role of national parliaments. I spent two years on the Sub-Committee on European Scrutiny when it was first established in these Houses and Members often read documents which recorded that decisions already had been made by the European Council. The powers that have been conferred in this treaty to national parliaments and to the European Parliament will be stronger and more important for democracy. It is essential for Ireland that Members should promote a "Yes" vote to ensure that our position is enhanced within the European Union and the wider world.

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