Joe Costello (Dublin Central, Labour)

Tairgim leasú a 3:

In Part 1, page 6, between lines 7 and 8 to insert the following:

"11° Amhail ar theacht i bhfeidhm agus ó theacht i bhfeidhm an Chonartha dá dtagraítear i bhfo-alt 10°, is feidhm de chuid Thithe an Oireachtais é na feidhmeanna a thugtar do Pharlaimintí Náisiúnta leis an gConradh sin a chomhall thar ceann an Stáit, de réir Theideal II ("Forálacha maidir leis na Prionsabail Dhaonlathacha") den Chonradh ar an Aontas Eorpach arna chur isteach le hAirteagal 1.12 den Chonradh dá dtagraítear bhfo-alt 10°.",

I move amendment No. 3:

In Part 2, page 8, between lines 20 and 21, to insert the following:

"11° Upon and from the entry into force of the Treaty referred to in subsection 100, it shall be a function of the Houses of the Oireachtas to carry out for the State the functions conferred on National Parliaments by that Treaty, in accordance with Title II ("Provisions on Democratic Principles") of the Treaty on the European Union inserted by Article 1.12 of the Treaty referred to in subsection 10°.".

I welcome the opportunity to contribute to the debate on Committee and Final Stages of this Bill. This amendment reflects one of the major new innovations in the Lisbon reform treaty. I am seeking to ascertain if the Minister of State will take it on board to ensure it is reflected in the constitutional amendment. Much of the Lisbon reform treaty is about democratisation of the European Union institutions and seeking to bring the European Union closer to the citizen. That is why we have the citizens' initiative, more powers have been given to the European Parliament and there is a more egalitarian Commission in that each member state no matter how large is equal to the smallest member state and has no greater powers. That is why the Council of Ministers no longer conducts its business in camera but in public.

The extra dimension that has been added here in regard to national parliaments gives them a new role. This is extremely welcome because one of the major criticisms of the European Union was that it was too distant from the ordinary people and remote from the people who were elected to represent the ordinary people in our national Parliament in Dáil Éireann and in Seanad Éireann. A recent eurobarometer indicated that 75% of Irish people believed that their opinions were not reflected in the production of legislation because it seemed to be produced at a distance in Brussels even though the institutions operate democratically. That is the belief abroad.

At least 50% of the legislation that governs the lives of our people comes through the European legislative procedure. We have domestic legislation that goes through these Houses and European legislation in the form of directives and regulations that are transposed into our law, but this House and Parliament do not have a direct input into that legislation. Now, for the first time, the Parliament, namely the Seanad and the Dáil, will be consulted directly on every item of legislation that comes from Europe. When the Commission comes up with a legislative proposal, it must directly consult this Parliament. It must send the proposal to us, give us an opportunity to reflect upon it and report back with a considered opinion. Further, it gives us the opportunity to determine whether we are happy with it and whether we wish to combine with other national parliaments in respect of it. If a third of national parliaments are unhappy with a proposal, then a yellow card comes into play in respect of it. That means that the Commission will have to reconsider the legislation. This process proceeds to an orange card, so to speak and, with the agreement of 50% of the member states, a proposal can be set back and the Commission will have to go back to the drawing board to deal with it anew.

The powers that are being given to the national parliaments are very substantial. The question arises as to how the parliaments will execute or implement those powers. We must deal with these issues in some detail. If our Parliament is to have additional powers, the existing mechanisms, namely the committees on European Affairs and European Scrutiny, are inadequate to give the full weight of consideration that is required on a parliamentary basis. We will have to re-examine the European Union (Scrutiny) Act 2002 and our standing orders, as well as determine where we conduct our business. Will we deal with European Union matters in committee in Leinster House 2000 — pretty much out of sight — or will we do it on the floor of both Houses of the Oireachtas? These are important issues because they will determine that this Parliament will act differently in the future, once the Lisbon treaty is ratified as I hope it will be.

My amendment seeks to register the importance of the new role for national parliaments in the 28th amendment to the Constitution. The new role is sufficiently weighty that it should be registered separately, as part of the amendment. I seek to insert my amendment after section 10, making it a new section 11.

It will, in the first instance, highlight the new role of national parliaments under the Lisbon treaty. It also has a legal justification because the national Parliament here is the Oireachtas, which technically includes the President. However, in practical terms, the powers under the Lisbon treaty would be exercised by the Houses of the Oireachtas only. It is important to insert this distinction so it is clear the new powers are not being given to the President. The Lisbon treaty deals with a direct, two-way relationship between the national Parliament and the European Commission that does not involve the President directly. At the same time, of course, the President is part and parcel of our parliamentary system.

I table this amendment in the hope the Minister of State will accept this is one of the key changes inherent in the Lisbon treaty. It is one that is absolutely beneficial in terms of eliminating the democratic deficit, enabling us to conduct our business closer to Europe and to conduct it in greater consultation with Europe. It is of such importance that it requires to be stated as an amendment in the 28th amendment to the Constitution.

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