Joe Costello (Dublin Central, Labour)

I welcome the opportunity to speak on the role of national parliaments in the Lisbon reform treaty. I compliment the Chairman of the Oireachtas Joint Committee on European Scrutiny, Deputy Perry, on the good work he has done in recent weeks and months to examine the Lisbon treaty and other issues. I am especially pleased the debate has come to the floor of the Dáil so that for the first time we can have an opportunity to debate the new enhanced role of national parliaments in the decision-making process at European Union level.

Last year we celebrated the 50th anniversary of the founding of the European Union following the Treaty of Rome in 1957. Ireland joined the EU 35 years ago. In that time Europe has contributed substantially to Ireland's economic and social development and we have brought a level of dynamism to the European Union that is admired widely by member states. The European Union has achieved much of its objective in bringing peace and prosperity to the Continent of Europe which had been beset by two wars in the space of a single generation, world wars that brought devastation not just to Europe but across the world. The European Union has been extremely helpful in bringing peace to Northern Ireland, both in terms of the general context in which the European Union operates and the supports it has provided. We have much to be appreciative of in terms of benefits from the European Union. Likewise, the EU has benefited from Ireland's contribution to it.

As the European Union has evolved so also have the member states in terms of their internal structures and their relationships with the European Union. On five different occasions Ireland has voted by referenda in the past 35 years to participate in each step of the European Union project. First we voted to join, which, in effect, meant signing up to the Treaty of Rome in 1972. We also signed up to the Single European Act, the Treaty of Amsterdam, the Treaty of Maastricht, the Treaty of Nice and on 12 June we will vote on the Lisbon treaty. Every step of the way Ireland has voted by a plebiscite of its people to take each particular step. We now come to the treaty of Lisbon, and given that 90% of the European project is in place we are talking about 10% or less in this treaty. Nonetheless, it is an important 10%. The ratification of the treaty by referendum is the ultimate in democracy. I support this procedure and I am pleased the Irish people are voting — one person, one vote — in a referendum of this nature.

Given that it is the ultimate in democracy, the Joint Committee on European Affairs decided that as well as inviting all the stakeholders to meetings in Leinster House it would take Parliament on tour, so to speak, and it held six separate meetings throughout the country to invite the public to engage in the democratic process on the issues arising in the context of the European Union and the Lisbon treaty. That was an extremely valuable exercise. It was for the same reason that the Joint Committee on European Scrutiny conducted a thorough examination of the new powers granted to the parliaments of the member states. Its report has just been published in a very handy and attractive booklet. This examination was done in order to tease out the implications of the proposed changes in the treaty for the domestic parliamentary process and to inform the public accordingly. This is the fist time this House has had an opportunity — the Seanad will debate it tomorrow — to discuss the implications of the new proposed powers in the treaty for the structures, procedures and Standing Orders of the Oireachtas. In other words we will be carefully examining how we conduct our business in the light of the new powers the treaty confers on our national Parliament as distinct from the Government.

The "No" campaigners have either deliberately avoided this issue or shunned it entirely. Even though they speak strongly about being interested in democracy and bridging the democratic deficit, the campaigners for a "No" vote on the Lisbon treaty have given little attention to the very substantial new powers conferred on parliaments, which effectively bridge the gap considerably. National parliaments are given a new defined role in European Union matters which are totally separate from those of their national governments. This has been done for the first time and is unprecedented. National parliaments will be consulted separately on all policy matters and on all proposed legislation. National parliaments will be the arbiters on whether any new proposal breaches the principle of subsidiarity, namely that decisions that can best be made at local level must be made local level — at national, regional or local authority level. The competences we have given to the European Parliament or the European project are powers we have given them. We need to police those powers to ensure they are not abused and that the principle of subsidiarity and proportionality is not interfered with. The national parliaments will now be the watchdogs and police to monitor that and ensure that any policy decision that can be made at local level is made at that level and that the European Union does not infringe in this respect.

National parliaments will have power to directly influence the European Union political and legislative processes and will effectively police the checks and balances of the European Union in the future. They will be in a position to decide whether a particular action at EU level is justified and as parliamentarians have direct contact with their constituents this will provide greater representation to Irish citizens. Thus European Union legislation will be better informed because of the new parliamentary representation. This is particularly important given that an estimated 75% of domestic legislation arises from the implementation of European Union measures. When it is considered in that context, we realise how important it is to have a direct parliamentary role in the framing of legislation.

The new provisions for national parliaments as set out in Article 12 of the treaty are even more extensive than purely the principle of subsidiarity. In the first instance the Dáil and Seanad — it needs to be remembered that we are not just talking about the Dáil but both Houses of the Oireachtas — will receive information on draft legislation directly from the European Union institutions at the same time as national governments. Instead of the Commission preparing legislation, a policy item or a draft directive, and sending it to the Council and the European Parliament, it must now also send it to national parliaments at the same time.

The Dáil and Seanad will receive increased time for scrutiny of European Union legislation proposals. Eight weeks must elapse before an item can be put on a Council agenda for any decision to be taken. That gives national parliaments the opportunity to give a considered opinion of their views on any Commission proposal. The Dáil and Seanad will ensure all draft legislation complies with the subsidiarity principle through the use of what are called yellow and orange cards, as outlined by Deputy Perry. This is substantial in terms of the power conferred. If one third of the national parliaments feel there is some infringement of the principle of subsidiarity, they will be entitled to ensure that a Commission proposal is sent back for examination with a view to amendment because of their concern about it. If 50% of the member states are concerned the matter can go back for either radical amendment or can be jettisoned entirely. The national parliaments have very substantial powers in this regard. This will mean that considerable tick-tacking will be necessary between the national parliaments in terms of how they see a particular measure impacting on their countries, parliaments and citizens, which will be positive as it will bring all the national parliamentarians closer to each other as they will be effectively personally participating in the legislative process.

Even after 50% of the member states express their wish, if an individual national parliament feels that the Commission's proposed legislation breaches subsidiarity and could be better done at a local, regional or national level, it can approach the European Court of Justice directly and request it to make a determination on the matter. This is a broad area of new powers available to national parliaments. As they will require an intricate engagement between the national parliaments they will effectively bring the European Union much closer in terms of dialogue to the citizenry of the country. If national parliamentarians in Ireland are expressing concern over a draft motion, it will be because our constituents are likely to be expressing concern. Hopefully we will at last have a direct line of intervention from the European institutions right down to the citizens of the member states.

In addition to those areas the Dáil and Seanad will receive further powers. They will take part in the evaluation of European Union policies in the area of freedom, security and justice. There is even greater power in this regard. Not just one third but one quarter of member states can ask that a proposal in the justice and home affairs area be amended. The requirement is for one third in other areas but it is only a quarter in this area, which is a further extended power in this area.

Europol and Eurojust will now be monitored by the national parliaments. In addition, national parliaments will have a specific role in any future treaty revision. Any Council proposal to move from unanimity to QMV can be vetoed by the national parliament, which is a new proposal. As each national parliament will now be required to be notified of any application to join the European Union, the area of enlargement will be subject to national parliament scrutiny. There will be interparliamentary co-operation between national parliaments and the European Parliament. Provision is made for all this in the new treaty. This is the first time national parliaments have featured in this way in any treaty. On the "Yes" side of the campaign, we should emphasise more strongly the extent to which the treaty seeks to open the dialogue between the member states and the institutions of the EU and to eliminate the democratic deficit that is allegedly there. I welcome the fact that the Government has agreed to consult with the Oireachtas Joint Committee on European Affairs as soon as the Lisbon reform treaty is out of the way to frame particular legislation that would facilitate these new powers. I hope the Government would be willing to support an independent role for the Oireachtas under the enhanced role envisaged in the treaty. I look forward to the day when European affairs are not dealt with by a committee down in the "bunker", as I always say, but are brought up to the full light of day in this Chamber.

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