Brian Cowen (Laois-Offaly, Fianna Fail)

I thank Deputy Gilmore, as I thanked Deputy Kenny in respect of the grouping to which he is affiliated, for the work and clear exposition of the Irish position that they gave to colleagues, in terms of the value and worth of the guarantees we sought and the need to provide legal clarity and certainty on those in the interests of avoiding a re-run of issues in this debate. The Council decision itself has immediate legal effect and is of legal standing in international law. The commitment to a protocol in addition to that gives further re-affirmation or reassurance to people who may have had doubts or ascribed high importance to the issues that are the subject of the protocols and legal guarantees in the first place, as was outlined by the all-party committee which studied this matter in some detail in the aftermath of the last referendum.

Regarding the question of the workers' rights declaration, which was agreed at the June European Council meeting, the EU reiterated, as the Deputy will know, the high importance which the Union attaches to social progress and protecting workers rights and public services, the responsibility of member states for the delivery of education and health services and the essential role and wide discretion of national, regional and local authorities in providing, commissioning and organising services of general economic interest. The solemn declaration by the 27 member states of the EU underlines and highlights for all the value which the Union attaches to workers' rights and the provision of public services.

As the Deputy is no doubt aware, the charter binds the European Union institutions in respect of how they abide by those principles and provide a means by which they can be judicially arbitrated upon by the ECJ in due course, if cases require it or people believe it is required.

Regarding domestic legislation, we have continued our update with the social partners yesterday evening, in terms of meetings the partners are having today. We reiterated our commitment to continue to work with them in the implementation of the legislative measures outlined in the agreement. They remain the policy of Government to implement. Some require finalisation and continuing discussion, but many are at an advanced stage, as the Deputy knows, and it is our intention to proceed with them in a timely and appropriate way.

Regarding the question of the appointment of the President of the Commission, it is important to clarify the situation. The process is where we indicated our intention, as Heads of State and Governments, to nominate Mr. Barroso. There is a consultation requirement, as the Deputy is aware, with the Parliament itself. Therefore, it is not a formal nomination at this point. Rather, it is a question of indicating the unanimous view of the Heads of State and Governments, including members of one's own grouping who are Heads of State and Government at the European Council who believe the overriding interest is to provide not just institutional continuity, but the continuing leadership of President Barroso at a time when so many major issues that affect the European Union project need to be addressed and implemented.

It is the strongly-held view of all Heads of State and Governments that we should indicate our support for him, so the consultation process now begins with the European Parliament in the knowledge that it would be our intention to nominate President Barroso and have their views on that matter. In regard to parliamentary procedures and in the context of parliamentary rights and entitlements, we all know it can develop into a party grouping-type of arrangement. It is important that President Barroso would enjoy the strong support of all groupings in the Parliament. There are approximately 234 members of the European Parliament who are outside the three main groupings, for example. It is important that the three main groupings should have a broad measure of support for the President of the Commission.

For my part, I would like to see that matter resolved quickly. I do not believe it is in the interests of the Union to do otherwise. There is no need for serious inter-institutional conflict in regard to this matter, although this can at times be generated in view of partisan positions being adopted. However, the broad leadership of the Council, within the Commission and in the Parliament itself should be such as to enable a degree of certainty to be brought to the Presidency of the Commission, which is what we are speaking about.

The Commission acts collegially in respect of the policies and right of initiative that it brings, and it is for the Council to decide in regard to policy matters at the end of the day. The Commission obviously also has an important role in protecting the integrity of the treaties and protecting the rights of all the member states. A strong Commission is in our interest and is certainly in the interest of smaller states. The inter-institutional balance is an important one, as the Deputy knows, and requires a person of considerable political experience to deal with the pressures that come to bear and the issues of the day that need to be addressed in a way that is consistent with the treaties while, at the same time, upholding the confidence of everyone within the various institutions, including the Council and the Parliament.

Any influence that can be used by the leaders in this House regarding the groupings of which they are members should be used to bring that issue to finality. I do not believe it should involve a contentious, drawn-out, conflictual situation. People need to look at the big picture. The question of the balance within the Commission is an issue that can be addressed. It is a matter for President Barroso to decide what way he wishes to build support within the Parliament for his prospective nomination. For my part and that of my Government, we would like to see his early confirmation as President of the Commission.

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