Peter Power (Limerick East, Fianna Fail)

On behalf of the Government, I thank the Oireachtas Joint Committee on European Scrutiny, particularly its chairman, Deputy Perry, for its special report on the enhanced role for national parliaments in the Lisbon treaty. This Parliament, Dáil and Seanad, owes Deputy Perry a debt of gratitude for the production of this concise report in advance of the referendum next week. It dispels certain erroneous notions on the Lisbon treaty. It is a landmark report which succinctly defines the historic new role envisaged for this House in European affairs under the Lisbon treaty. It also makes a number of important recommendations which the Houses of the Oireachtas will wish to consider. Today's debate is, therefore, timely. I salute Deputy Perry's initiative in seeking time for full consideration of the committee's report today.

Fine Gael has a long record of support for the EU and since the 1970s has consistently argued that the Oireachtas should have a strong voice in handling EU legislation. The Minister of State at the Department of Foreign Affairs with responsibility for European affairs, Deputy Roche, was very glad to meet the joint committee on 29 April to discuss the enhanced role for national parliaments in the Lisbon treaty. I restate the assurance he gave the committee on that occasion, that once the treaty is, hopefully, ratified the Government will work closely with the Houses of the Oireachtas and the committee on European scrutiny, as a matter of priority, to ensure their new powers are translated speedily into relevant statutory and administrative measures. I listened carefully to Deputy Perry's proposals to dedicate one day per month in the Dáil and Seanad to the EU and to establish an EU office, both of which are worthy of further consideration by the commission after the treaty is passed.

The report of the joint committee shows how far the EU has come in its thinking about the role of national parliaments in EU decision making. This treaty gives very clear recognition to the important role of national parliaments as the law makers closest to the citizens in the implementation of EU measures. The treaty marks a step change in three main areas. It includes new and innovative arrangements for the involvement of national parliaments in EU decision making. It provides comprehensive arrangements for information sharing. The treaty provides for dynamic, interparliamentary co-operation at EU level between national parliaments and the European Parliament.

The Government lobbied for and negotiated many of those changes, which the Minister of State, Deputy Roche, previously described as "revolutionary rather than evolutionary". We can feel justly proud of the proposals this country succeeded in incorporating into the treaty. They are revolutionary because these treaty provisions represent a change in mind set at EU level. The mind set change is about recognising the need for EU law making to come closer to citizens and national parliaments. This is vital if the legitimacy of the Union is to be maintained and strengthened as it needs to be. The challenge for this House is to seize the opportunity presented by these changes so that Ireland can make its proper mark on the evolution of EU laws, including by means of an important input on the part of the Oireachtas.

Why do we hear so little about the greater role for the Dáil and Seanad under the Lisbon treaty from those opposed to it? Deputy Costello was very eloquent on this point. It is because these positive changes for our national Parliament demonstrate, beyond a shadow of a doubt, that the Lisbon treaty strengthens rather than reduces the democratic legitimacy of the Union and makes it more accountable to its own people. This is one of the ironies of the debate from those who seek to undermine the treaty. The convention that is the genesis of this treaty consisted almost exclusively of people who achieved a mandate by putting their names in front of the people of the EU while those who seek to undermine the treaty have never proposed their names for elected office. That is the irony.

These provisions give the Dáil a voice and a vote it never had before in direct contradiction of the web of conspiracy theories and myths about loss of sovereignty which are peddled by the treaty's opponents. The Lisbon treaty makes the EU even more democratic than before. It strengthens the role of national parliaments, including the Houses of the Oireachtas, by giving us a direct input into European legislation. It enables the House to ensure the Union does not exceed its authority. The treaty also gives us a right to veto any proposal to change voting rules from unanimity to qualified majority voting in the European Council or Council of Ministers, as well as any extension of co-decision between the Council and the European Parliament. The Twenty-eighth Amendment of the Constitution Bill goes even further by requiring the affirmative consent of each House of the Oireachtas before the Government can agree in the European Council to any such change. These new powers will enable national parliaments to contribute more fully to the democratic character of the Union.

As I said, given that most European citizens understandably feel most connected to their national parliaments, these measures will serve to advance the cause of democratic accountability within the Union in a practical and meaningful manner. I commend the joint committee report to all Deputies as a succinct analysis of what the Lisbon treaty means for the work of this House in the area of EU law. Notwithstanding the key innovations we have made nationally under the European Union Scrutiny Act since 2002 regarding EU business, it is clear that the treaty, once ratified, implies further significant changes in the role of the Oireachtas regarding EU affairs. The current national arrangements work well and provide for full oversight by the Houses of the Oireachtas of the actions of the Executive in negotiating EU measures and implementing EU law. The Lisbon treaty, however, marks a major change and provides for a more substantive role for the Houses of the Oireachtas in EU affairs than is currently provided for by law or under the Irish Constitution. The new powers being granted to the Houses of the Oireachtas on EU policy under the Lisbon reform treaty are sufficiently significant for it to require the express approval of the people in a constitutional referendum before the treaty can be ratified.

The Twenty-eighth Amendment of the Constitution Bill contains all the necessary provisions required to give effect to the role to be played by the Houses of the Oireachtas. The terms of the Bill underline the Government's desire to maximise the role of the Houses of the Oireachtas in the future development of EU legislation. This treaty, if ratified, will give this House and its sister parliaments in the member states — the directly elected voices of the people of Europe — a stronger say than ever before in the way the EU is run. Therefore, the people who elect us to the Houses of the Oireachtas will have a stronger say than ever in shaping the direction of EU affairs.In reality, it means Irish citizens need not look to Brussels if they have questions about a particular policy. Because of the increased role of the Houses of the Oireachtas, more than ever, Irish citizens will have good reason to bring their views to our clinics and advice centres throughout the country.

As Members know, we are within eight days of the referendum. It is the most important and decisive vote on Ireland's future in the EU since we first became a member of the EEC in 1973. Polling on 12 June follows one of the liveliest debates on EU issues we have ever had in this country, a debate I very much welcome. Facts surely have been butchered in the process by treaty opponents but it certainly has not been dull.

In Ireland, we can be proud that the referendum process has moved the debate about Europe's future to the front-line democratic question on the minds of our constituents and national parliaments. As elected politicians, we know the real question on people's minds is how the EU can better serve them, their families and their communities on the day-to-day issues. Explaining how the organisational and institutional changes involved in the Lisbon reform treaty make the EU better equipped to defend Irish jobs, prosperity and a fairer world order is not easy. However, it is clear the people understand the stakes are high and they are reflecting seriously on Ireland's role in Europe and what they want Europe to mean for Ireland in the coming decade.

I am confident that by voting day people's experience of the positive changes we enjoy as equal members of the EU, combined with a national confidence in our ability to advance our interests at the heart of the EU, will result in a decisive "Yes" vote. Even after the referendum, we will continue to have debate about the nature of the EU. The treaty will strengthen democracy at European level by increasing the number of areas in which the European Parliament will share law-making with the Council of Ministers and also by strengthening the Parliament's budgetary role. The citizens' initiative will also give people across the Union a more direct say on European matters. The citizens' initiative has the potential to breathe new life into the democratic functioning of the Union. For the first time, under the reform treaty, a petition with at least 1 million signatures obtained from a number of member states can request the European Commission to propose EU legislation. I have little doubt that people across the Union will embrace the citizens' initiative and will raise interesting questions for us to address.

With specific reference to the report of the joint committee, the Government attached particular importance to the strengthening of the role of national parliaments in the negotiation of the treaty. As stated in the committee's report, both the new Article 5 and Article 12 to be inserted into the treaty on European Union, and the two significant related protocols, strengthen the role of the EU and give it a vital and early say in the evolution of EU law. These powers will connect the Union's institutions with the interests and aspirations of the people of Europe in a new and dynamic manner. The new treaty, once ratified, will give the Houses of the Oireachtas a unique opportunity to work in concert with other national parliaments to ensure that national prerogatives are respected in the further development of the European Union.

The treaty proposes to give national parliaments of member states a direct input into European Union legislation. It recognises the enhanced role of national parliaments as a key element of the democratic fabric of the Union in what will become Articles 5 and 12 of the treaty on European Union. The first of these protocols recognises that the manner in which national parliaments scrutinise their government's activities within the Union is a matter for the particular constitutional organisation and practice of each state. However, the desirability of encouraging greater parliamentary involvement in EU activities, and of enhancing the ability of parliaments to contribute to debate, is also recognised.

Under the protocol all Commission Green and White Papers, the Commission's annual legislative programme and all draft legislation are to be sent directly to national parliaments. Similarly, the agendas and outcomes of meetings of the Council of Ministers must also go directly to national parliaments at the same time as they go to the member state governments. Except in cases of stated urgency, at least eight weeks must elapse between the provision to national parliaments of draft EU legislation and it being placed on a Council agenda for decision. There should normally be a ten-day gap between the publication of an agenda and the taking of a decision. This is intended to give national parliaments more time for consideration and debate.

The protocol on the application of the principles of subsidiarity and proportionality further develops the role of national parliaments in regard to the implementation of these important principles. The principle of subsidiarity is designed to ensure the EU takes action only when this is necessary and appropriate. The so-called "yellow card" system is a major development which will bring national parliaments directly into the EU decision-making process. The use which is made of this mechanism will depend on the capacity of national parliaments, individually and collectively, to prepare reasoned opinions within the timescale laid down. The application of the principle of subsidiarity is intended to take place primarily before the adoption of legislation.

The treaty goes on to provide that any national parliament may veto the use of the passerelle. In addition, and importantly, future changes to the treaties involving the conferral of new competences on the Union would be prepared by a convention in which it is envisaged that national parliaments would be strongly represented.

In conclusion, following a "Yes" vote in the referendum, which I strongly believe is in Ireland's best interests, the challenge facing the Houses of the Oireachtas and the joint committee will be how best to engage with its new role under the Lisbon treaty. The committee makes a number of points and offers some conclusions regarding the implications of a ratified Lisbon treaty. It rightly raises questions about the steps to be taken to give practical effect to the strengthened role of national parliaments under the treaty.

The Government will play its part in reviewing the European Communities Acts and the 2002 Act to bring our domestic provisions into line with the treaty, and it will be necessary to make these amendments in the autumn. This is all contingent, of course, on the successful ratification of the treaty. I call on all Members of the Oireachtas to do all in their power in the week ahead to explain this important treaty to our constituents. In that regard, I reiterate what I said at the outset, namely, that this job has been made much easier by the excellent work carried out by Deputy Perry and his committee, for which the Government and this House ought to be rightly grateful.

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