Micheál Martin (Cork South Central, Fianna Fail)

Is the Deputy seeking a post? I refer to two issues raised by Deputy Ó Snodaigh. A simplified revision procedure applies to Article 40 in certain very limited and defined circumstances. Under that procedure there is a provision for the European Council to unanimously agree amendments to articles dealing with the internal policies of the union. However, such amendments cannot increase the union's competencies. Moreover, they must be approved by all member states in accordance with their respective Constitutional requirements. I trust this addresses the issue raised earlier by the Deputy related to Article 48.

In terms of the Israeli EU upgrade, it was decided that now was not the time to upgrade that relationship or other relations with Israel. Ireland made a strong contribution at the General Affairs and External Relations Council meeting. Some key issues relating to Gaza remain to be dealt with. The humanitarian crisis is ongoing and is altogether unacceptable in terms of the failure to open up crossings and allow the free flow of aid.

I refer to the question on the formation of the Commission and the type of portfolio sought by Ireland. I have not yet given detailed consideration to the matter. My immediate priority has been to help and contribute to the process which led to the Council last week, to the ratification by the people of the Lisbon treaty and to argue and persuade for its ratification as the best way to ensure we secure a good portfolio and a seat at the table. My fear would be that if we do not ratify the Lisbon treaty there is every potential that we may not secure this.

Deputy Timmins raised an issue related to Guantanamo Bay. Yesterday, the Government announced a decision to examine the cases of two detainees cleared for release from Guantanamo Bay. We have been in consultation with the US State Department to establish how we might assist the USA in finding residence for detainees cleared for release who for compelling reasons cannot be returned to their country of origin. The US has proposed two detainees for our consideration and their cases are being examined. EU member states have developed a framework to exchange information among those states which have offered to take detainees. It is a matter for individual member states to make a decision on whether to accept detainees and, as in our case, other countries are considering their positions. For example, Prime Minister Berlusconi has indicated that Italy may take up to three detainees. Outside of the EU, the British dependency of Bermuda accepted four former detainees some ten days ago. Others are considering similar moves. We have welcomed President Obama's decision to close Guantanamo Bay and his determination to do so within one year. I am confident the facility will be closed and any decision to accept detainees is based on that. We look forward to the report of the US detention task force, expected next month. It will report on the interrogation, detention, trial and torture practices of the US at Guantanamo Bay.

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