Dáil debates

Tuesday, 29 April 2008

Twenty-eighth Amendment of the Constitution Bill 2008: Committee Stage.

 

5:00 pm

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)

I thank Deputies Costello and Timmins for their contribution. The Deputies are correct in pointing out that one of the extraordinary aspects of the Lisbon treaty is that it enhances democracy in the European Union in a way that could not have been even envisaged five or ten years ago. For the very first time real powers are being given to national parliaments. I mentioned in a committee meeting I attended earlier that the Speaker of the Portuguese Parliament commented to the effect the real winners in the Lisbon treaty are national parliaments.

The treaty strengthens the role of parliaments by giving them a direct input into European legislation and the legislative process. The provisions whereby a sufficient number of member state parliaments can object to a particular proposal is a genuine step forward. Not only has it never existed before, it was not even contemplated a number of years ago. The idea that parliaments will have to be consulted and will receive documentation and proposals at the same time as national governments must be seen as a significant and positive step forward.

I am strongly of the view that the new powers will promote democratic accountability within the European Union. It will certainly bring the Union's legislative process closer to the citizens of the member states. Citizens in this country, for example, are closest to their own elected representatives in this House. The treaty will also strengthen co-operation between parliaments. I envisage in the period ahead, when the treaty is passed — as I hope it will be — a network of national parliaments, political parties and electorates across the Union being more engaged in the affairs of the EU than ever before.

I examined the proposed amendment but believe that to single out the provisions relating to national parliaments could give rise to uncertainty about the status of other elements of the treaty not specifically referred to in the amendment. It will be possible to deal with the enhanced role for the Parliament and the detail thereof by way of the amending legislation, that is, the Bill amending the European Communities Act which will be brought forward as soon as the referendum is carried, which will hopefully be the case.

I have consulted the Attorney General and believe it is not legally necessary to insert the words proposed into the Constitution. Indeed, as the Deputies know, I believe we have already inserted more than sufficient words into the Constitution. In my view, we have damaged what was a very well written Constitution by inserting too many legal phrases into it. The Government's view is that the mechanics of how the Houses of Oireachtas will fully engage with and implement the new powers will be better dealt with in the reform of the European Union (scrutiny) Bill.

I am grateful to Deputy Costello for tabling his amendment because it highlights the enormous increase in democracy within the EU. For practical reasons, it would be better to make the detailed changes in the legislation. By ratifying the treaty, we will accept the main thesis, which is that national parliaments will be more closely involved than ever before.

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