Dáil debates

Thursday, 20 November 2008

Special Report on New EU Legislation: Statements.

 

2:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)

This measure also should be replicated in the Seanad and could flower into a full engagement between the joint committee and the Houses on the matters that are so important to Ireland.

At present, although no one appears to be able to put a precise figure on it, the majority of legislation originates in the European Union with the Commission and one must come to terms with this fact. Domestically, this House is the legislative body and its function is both to scrutinise and to transpose. Consequently, Members must be engaged at every level as legislation comes through from the Commission and as it is presented to the various institutions and to this House for examination, scrutiny and finally, for transposition into law. Members' task is to conduct their business in a thorough and democratic fashion on behalf of those who elected them.

I wish to take up a couple of the issues that came up in the six-month report on the Slovenian Presidency from 1 January to 30 June last. The Slovenian Presidency had two major objectives, the first of which was to get the Lisbon treaty enacted, passed and ratified in order that by the time the Presidency concluded, it would be part and parcel of the treaties of the European Union. Unfortunately, that has not been successful.

However, another priority of the Slovenian Presidency was to try to ensure it would deal comprehensively with the issue of workers' rights before its conclusion. This was particularly true in respect of the temporary agency workers directive and the Slovenes succeeded in this regard. No countries still object to the directive, which has been discussed by Members many times. It pertains to a proposal presented by the Commission in 2000 that has been opposed by a certain number of countries. Such opposition came from a minority group of countries, of which Ireland was one. Although this issue eventually was ironed out during the Slovenian Presidency, unfortunately it proved to be a difficult backdrop to many of the debates that took place on the Lisbon treaty. It would have been preferable to have had ironed it out long before then. In the context of Towards 2016, it now will be transposed into law in whatever manner the social partners deem to be most appropriate.

However, the dragging of heels in this regard meant that Members had difficulty in arguing the case. The Millward Brown report demonstrates the largest single reason given for voting "No", apart from those who did so because they did not know, was the issue of workers' rights. I refer to concern in the public arena that there was a race to the bottom, that the Commission was neo-liberal and that there was no adequate protection for workers' rights. Such concern was seen in an EU context, even though the European Union had compiled the directive and the Irish Government was delaying its implementation.

The same point can be made in respect of climate change. A journalist who reports on Brussels appeared before the joint committee and told members that in respect of environmental issues, which are held dear at present given the Green Party's presence in government, Ireland has the second highest number of cases for infringement of environmental legislation in the European Union. My point is that the joint committee and this House must exercise an accountability role that will both scrutinise proposed draft legislation and amend it. However, the joint committee and the House also must ensure its proper transposition into legislation and subsequent implementation. Unless implemented, it is no use, just as one can produce legislation pertaining to crime which is not much use unless the Garda implements it.

I commend this report to the House and welcome the opportunity to discuss it.

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