Joe Costello (Dublin Central, Labour)

I thank the Minister for his remarks. I am inclined to agree with the Attorney General's advice that it is not strictly legally necessary to incorporate my amendment in the Constitution. However, at the same time, as the Minister of State acknowledged, the treaty reflects a significant increase in democracy in the context of national parliaments, legislation and the Union. Because it does that, we should strongly affirm it by inserting a reference to this in the Constitution in much the same way as the provision relating to defence was inserted to underline our absolute affirmation of the concept that Ireland should not be part of a European army or common European defence policy in order that our neutrality would not be taken away under any circumstances or we would exercise the veto in that respect.

We should come out fighting on this issue and we should adopt a robust and proactive approach because it deals with democracy and bridging the democratic deficit. Citizens of all countries say they want to know more and they want to be more closely involved in the decision-making process in Europe. For the first time in a long time, the treaty gives direct power to national parliaments. The citizens' initiative is another great new role that is being granted and that is very much welcome. The National Forum on Europe was set up and legislation was introduced to establish the European scrutiny sub-committee in 2002 with the intention of getting to grips with the European issues that concern people and to bridge the democratic deficit. That is the context in which the amendment would highlight the new role of national parliaments. I accept the Minister of State's contention that it is not absolutely necessary in a constitutional context but it would highlight the change. The amendment states: "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...". The Oireachtas includes the President and the national Parliament and it is intended under the new powers that it should refer to the two Houses without the President. That clarity would also be valuable in the Constitution.

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