Dáil debates

Tuesday, 4 November 2008

3:00 pm

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)

No, one must be careful that what might seem like a good idea might raise questions of interpretation and might affect existing jurisprudence. These are complex issues and the Charter of Fundamental Rights stands in its own right. It has been set within the treaty context. Incorporating this into our constitutional law in that way would not necessarily provide the clarity people believe it might bring in terms of how it would impact on existing property rights, etc., within our Constitution. This is a complex area of the direct applicability of EU law. Our treaties are incorporated as part of our constitutional law, depending on what provisions we use in terms of when we put them before the people. In practice, that has been the outcome.

In an effort to bring more clarity to the situation, we are concentrating very much on some of the issues raised that had an impact on people's view of the treaty. I emphasise again that all the evidence suggests that the Irish people are pro the European Union and pro what we have achieved during the past 35 years. Specific issues arose which were debated. People took a certain view on them. Whether there was a sufficient legal basis for that view is not something I want to go into now, but clearly we need to bring some more clarity to these issues. We should concentrate on that in the coming months.

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