Micheál Martin (Cork South Central, Fianna Fail)

Perhaps I will remove the stapler as well. It has been causing me immense grief.

The Heads of State and Government agreed that the legal guarantees will be set out in a protocol to the Treaty on European Union and the Treaty on the Functioning of the European Union at the time of the conclusion of the next accession treaty, which will probably be in 2010 or 2011. As a protocol, the legal guarantees will enjoy the same status in EU law as the treaties. They will form part of the fundamental law of the Union.

The Government is of the view that we should put the Lisbon treaty and the package of measures provided for in the proposed constitutional amendment to the people again for their approval. We trust that the House will support us in this view. The Government's firm opinion is that the treaty is good for Ireland and Europe. Since last year, the situation has changed considerably. We now have explicit, legally binding guarantees. The treaty will allow us to retain our Commissioner, we have the solemn declaration on workers' rights and we will have a protocol at the time of the next accession treaty. The context in which we will be making our decision about the Lisbon treaty has also changed. Economic circumstances are dramatically different from the situation that applied 12 months ago and the reforms provided for in the Lisbon treaty are, therefore, now more important than ever.

The onus is on each and every Deputy who believes in our European future to take this treaty to the people and to explain its importance for Ireland. We need to engage with the public more effectively than we did last year. We need to inform them about our much improved package and ask them for their endorsement so that the Lisbon treaty can come into effect by the end of this year. Our future in Europe, indeed, our future as a country, depends on being able to join with our 26 EU partners in ratifying this treaty.

The Bill before the House is relatively short, containing only two sections. Section 2 of the Bill simply provides the citation of the proposed amendment and the Title. The substance of the Bill is contained in section 1, which proposes that Articles 29.4.3° to 29.4.11° of the Constitution be amended and I am happy to explain to the House how we propose to do so.

Article 29 of the Constitution covers Ireland's international relations and the provisions I have just mentioned deal with our membership of the EU. It is more than 35 years since Ireland joined the European Union. In that period, the Union has been at the centre of our engagement with our fellow EU members and the rest of the world. For the first time, the Lisbon treaty sets out a clear and succinct statement of the Union's values, which are our values.

After 35 years of membership, the Government considers it both timely and appropriate to set out an updated version of our constitutional arrangements relating to the EU. Accordingly, the relevant provisions of Article 29.4, which have been amended four times since joining the EU, becoming increasingly complex each time, are being replaced in their entirety. The new provisions set out in a streamlined and more user-friendly form how our engagement with the EU is to be governed. It is proposed that part of subsection 3° dealing with the European Coal and Steel Community, the European Economic Community and the Single European Act be deleted as well, since the references are redundant. The other subsections dealing with our membership of the EU - subsections 4° to 11° - will be replaced with new subsections, 4° to 9°, which are set out in a Schedule to the Bill. Part 1 of the Schedule contains these new texts in the Irish language and Part 2 contains the text in English.

A proposed new subsection 4° would contain a short statement of our commitment to the Union "within which the member states ... work together to promote peace, shared values and the well-being of their peoples". This reflects our highly positive experience of membership going back to 1973. It is in keeping with the values set out in Article 29.1, which affirms Ireland's devotion to peace and friendly co-operation among nations founded on international justice and morality.

The proposed new subsection 5° of Article 29.4 provides that the State may ratify the Lisbon treaty and be a member of the Union established by that treaty. Since the treaty establishes a new Union with legal personality, it is proposed that the current subsections 4°, 5° and 7° providing for the ratification of the treaties of Maastricht, Amsterdam and Nice be deleted as they will be made redundant by Lisbon.

The proposed new subsection 5° would take effect after a successful referendum whereas the rest of the amendments provided for in the Bill would have effect only when and if the treaty enters into force, following its ratification by all 27 member states. The proposed new subsection 6° ensures legal compatibility between the Lisbon treaty and the Constitution. It carries forward constitutional cover for laws, Acts and measures necessitated by the obligations of our EU membership.

This provision is not new and is as old as our EU membership. Every time we ratify a European treaty – be it the Single European Act or the Maastricht, Amsterdam, Nice or Lisbon treaties - we make the same point. Every time we do so, opponents claim suddenly that EU law will be superior to Irish law and the treaty will put the Irish Constitution out of business. They have been wrong each time and they are wrong again this time.

The idea of primacy reflects a general principle of international law, recognised since 1937 by Article 29.3 of the Constitution of Ireland. This provides that states must comply with international legal obligations freely undertaken by them in the exercise of their sovereignty. The practical effect of the principle of primacy is that it offers certainty and clarity regarding the relationship between the Union's laws and those of the member states. It applies only in those specific areas where the member states have conferred powers on the Union.

This principle of conferral is an important feature of the Lisbon treaty. It makes it clear that the Union does not have any powers of its own. Its powers derive from sovereign decisions by the member states to give the Union certain powers. These powers are carefully set out in the EU treaties. This is why EU treaties tend to be somewhat complex. They need to regulate relations between 27 sovereign states and their unique partnership within the Union.

Let me make it absolutely clear that the Constitution of Ireland will continue to be the basic legal document of the State and will continue to determine, in the final instance, the precise relationship between Irish and EU law. The ultimate locus of sovereignty will continue to reside with the member states rather than the Union.

The proposed new subsection 7° reflects similar subsections introduced to facilitate ratification of the Amsterdam and Nice treaties. It replaces the current subsections 6° and 8°. It allows the State to exercise certain options and discretions provided for in the EU treaties. These include special arrangements Ireland has negotiated with respect to the area of justice and home affairs, which is referred to in the Lisbon treaty as the EU's "area of freedom, security and justice". The Government may only exercise these options and discretions after obtaining the approval of both Houses of the Oireachtas.

These arrangements provide for the participation of Ireland and the UK on a case-by-case basis in the following policy areas: general provisions for co-operation in the area of freedom, security and justice; policies on border checks, asylum and immigration; judicial co-operation in civil matters; judicial co-operation in criminal matters; and police co-operation.

We have consistently given strong support for EU action against terrorism and organised crime and we made a declaration at the Intergovernmental Conference in 2007 that makes clear our intention to participate to the maximum extent possible in the relevant proposals in these areas. Furthermore, we have made a commitment that we will study the evolution of EU policy in this area and review our opt-out within three years. Ending the opt-out, in whole or in part, is one of the options covered in the proposed new subsection 7°.

The options and discretions also include the possibility of participating in a process known as "enhanced co-operation". Enhanced co-operation allows a group of nine or more member states to choose to co-operate on a specific matter in areas in which the Union has non-exclusive competence. Enhanced co-operation cannot expand the Union's competence.

The proposed new subsection 8° relates to the so-called passerelle clause under which the European Council can decide on a unanimous basis to extend the scope of qualified majority voting in the Council of Ministers or to extend the scope of co-decision arrangements between the Council of Ministers and the European Parliament. The mechanism may be applied in the following areas: the adoption of qualified majority voting or co-decision, subject to a right of veto by each national parliament; the common foreign and security policy, but not decisions having military or defence implications; judicial co-operation in regard to family law, in respect of which Ireland has an opt-out clause with the right to opt in on a case-by-case basis; social policy; fiscal measures relating to the environment; the adoption of the multi-annual financial framework; and within the ambit of an enhanced co-operation process.

The subsection also gives specific cover for certain measures taken in the area of freedom, security and justice. These are the extension of the scope of judicial co-operation on aspects of criminal procedure with a cross-border dimension, the identification of other areas of serious crime with a cross-border dimension, and the establishment of a European public prosecutor or the expansion of this prosecutor's role.

Areas relating to freedom, security and justice covered in subsection 7° are mentioned again in subsection 8°. This is being done to retain control by the Houses of the Oireachtas over these measures, if we should decide at some point to end our opt-out in the area of freedom, security and justice. During the negotiation of the treaty, it was recognised that the role of national Legislatures would be crucial in this respect. The treaty will give the national parliaments of the member states a direct input for the first time into EU legislation. These new provisions are contained in two additional protocols, one on the role of national parliaments and the other on the application of the principles of subsidiarity and proportionality.

Under the protocol on the role of national parliaments, all Commission Green and White Papers, the Commission's annual legislative programme and all draft legislation will be sent directly to national parliaments. This will be done at the same time as they are being sent to the Council and the European Parliament. This requirement for direct and simultaneous transmission is new. It is intended to give national parliaments more time for consideration of Commission proposals. The same procedure will apply to the annual report of the Court of Auditors.

The agendas for and outcomes of meetings of the Council of Ministers must also go directly to national parliaments. Except in cases of urgency, at least eight weeks must elapse between the forwarding to national parliaments of draft EU legislation and its 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 the consideration and debate of proposals.

The treaty provides that national parliaments must have at least six months' notice of any intention on the part of the European Council to use the provisions of the treaty relating to voting in the Council of Ministers and extension of the co-decision procedure between the Council and the European Parliament. Unanimity is also required in the European Council for any such move. This means that, under the treaty, Ireland has a double veto, exercisable by either the Government or the Houses of the Oireachtas. Furthermore, under the terms of the proposed new subsection 8°, the prior approval of both Houses of the Oireachtas will be required before the Government can proceed with any such proposal. This means Irish parliamentarians have more than the negative veto provided by the treaty; the Government will be required to seek affirmatively their permission before the Taoiseach can commit himself to any change at the European Council.

The Protocol on the Application of the Principles of Subsidiarity and Proportionality further develops the role of national parliaments regarding the implementation of these important principles. The principle of subsidiarity is designed to ensure that the EU takes action only when this is necessary and appropriate.

Within eight weeks of the transmission to it of a draft legislative Act, any national parliament, or any chamber of a parliament, may send to all EU institutions a "reasoned opinion" stating why it considers that the draft does not comply with the principle of subsidiarity. Account must be taken of these reasoned opinions. If, within eight weeks, at least one third of national parliaments, or chambers of national parliaments, issue such reasoned opinions, the draft proposal must be reviewed. It may thereafter be maintained, amended or withdrawn.

In the case of proposals in the areas of judicial co-operation in criminal matters and police co-operation, the threshold is one quarter. This so-called "yellow card" system is a major development which will bring national parliaments directly into the EU decision-making process.

In recognition of the particular sensitivity of freedom, security and justice matters, the Lisbon treaty contains a number of specific provisions associating national parliaments more closely with the Union's activities in this area. National parliaments are to be kept informed of evaluations of the member states' implementation of Union policies in the area of freedom, security and justice, in particular to facilitate full application of the principle of mutual recognition. They are also to be kept informed about the work of a standing committee established to promote and strengthen co-operation on internal security

A separate procedure applies where EU legislation is adopted by means of the so-called ordinary legislative procedure. If a simple majority of national parliaments takes the view that a proposal breaches the principle of subsidiarity, the proposal can be maintained, amended or withdrawn. If the Commission decides to maintain its proposal, it must submit its reasons to the Council and the European Parliament, which will take a majority decision on how to proceed. The European Parliament will act by a majority of votes cast and the Council will act by a majority of 55% of its members. This is the so-called "orange card" procedure.

The various provisions I have mentioned will expand very significantly the role of the Oireachtas in EU affairs. In order to meet these responsibilities and reforms, it is essential that every Minister appear before the Oireachtas committees prior to and after Council meetings to brief Members.

I am aware of proposals from Fine Gael and Labour on scrutiny and how directives are transposed in Ireland and I look forward to further discussions in the Oireachtas in the months ahead on the arrangements for discharging these new responsibilities. It is essential that every Minister appear before the Oireachtas committees before and after Council meetings to brief Members and as a way to account for the business they conduct at EU Council meetings.

The proposed new subsection (9) repeats the prohibition on Irish participation in any EU common defence. This provision was originally inserted in the Constitution at the second referendum on the treaty of Nice. A change in Ireland's position can come about only if the Irish people decide so in a referendum. As I have already explained to the House, the Government has now secured an additional legal guarantee which makes clear that the Lisbon treaty, "does not affect or prejudice Ireland's traditional policy of military neutrality". The same guarantee makes clear that the treaty, "does not provide for the creation of a European army or for conscription to any military formation."

In May, Peace and Neutrality Alliance said there would be a "Yes" vote on Lisbon if there was a legal guarantee on neutrality. We got that last month. In April, the same alliance urged us to insist on a protocol. We got that too. Let me quote again from our legally-binding guarantee, soon to be enshrined in a protocol:

The Treaty of Lisbon does not affect or prejudice Ireland's traditional policy of military neutrality ... The Treaty of Lisbon does not provide for the creation of a European army or for conscription to any military formation ... It does not affect the right of Ireland to determine the nature and volume of its defence and security expenditure.

I repeat: no European army; no conscription; and no obligation to increase our defence spending. These represent important, explicit guarantees. Fair-minded people will, I believe, see them as putting to rest the various concerns about defence and security that surfaced last year.

The proposed amendment would delete Article 29.4.11o, which allows the State to ratify the agreement relating to Community patents. This agreement never came into force. The text of this constitutional amendment is relatively accessible. It is available on our website www lisbontreaty.ie together with the texts of the treaties and our White Paper which we launched this morning and which endeavours to explain as clearly as possible the provisions of the treaty. We circulated this to every Member of the House. We have a duty to inform voters of the treaty's contents and implications. We will spare no effort over the coming months in helping voters make their own assessment of the Lisbon treaty and the important legal guarantees that now accompany it.

I hope that the electorate will go beyond the detail and look at the big picture. Who can dispute the enormous positive influence that membership of the European Union has had on our country? Our farming community has benefited to the tune of €41 billion from the Common Agricultural Policy and from an expansion of markets over the years. A further €20 billion has come to Ireland in Structural and Cohesion funding. The Luas from Connolly Station to Tallaght is a product of EU funding. We can thank the EU for its contribution to the 550 km of motorway in this country. Thanks to the European Single Market, Irish companies have doubled their exports over the past ten years and we have attracted a huge amount of foreign investment. Cutting red tape and transaction costs across the market of 500 million consumers has brought enormous opportunities for Ireland and created hundreds of thousands of jobs.

Membership of the euro means our exporters face no exchange rate risks when they sell their products within the eurozone. The European Central Bank has kept interest rates low and has provided valuable liquidity to our banks during the financial crisis. The European Union has funded 5,300 projects to help the peace process in Northern Ireland and many of these have transformed communities in the Border counties. Only yesterday we discussed the Kelvin project bringing broadband to the north-west and its significance for Derry and Donegal which was not lost on any of those representing the parties to the talks. That is a good illustration of the impact that the European Union has had on the peace process and on improving infrastructure in the North.

Funding from the European Union for the LEADER programme has given rural communities greater control over their own futures. Irish universities and research groups in the public and private sectors are involved in a €600 million research programme, that is the €50 billion Framework 7 research programme for which Ireland's target is €600 million and we are well on the way to achieving that. This is cutting-edge research aimed at supporting industry and creating the jobs of the future.

The Union has poured millions of euro into waste recovery and recycling facilities across the country and as a result, we have a cleaner environment. Thanks to the European Social Fund, FÁS, the Vocational Education Committees and our universities are able to provide training and up-skilling for 160,000 people in the workforce. Europe is backing the national broadband scheme which is involved in providing access to affordable broadband services in rural communities. Thanks to action by the European Commission, following lobbying from Ireland, mobile telephone roaming charges are coming down.

EU membership has helped transform our country. We would not be what we are today without our tradition of active and constructive European engagement. This is something we need to continue. Looking back at our experience, we can safely say that the European Union has been faithful to the commitment it shares with the member states to work together to promote peace, shared values and the well-being of their peoples.

The Lisbon treaty is the culmination of almost ten years of discussion about institutional issues. These issues are important. Europe needs a properly functioning Union if it is to cope with the challenges of the future. Now that we have 27 member states, we need to adjust the way the Union operates. Getting the balance right means making sure the Union can deliver better for us in the years ahead. The Union has a very positive track record, but it can do better. The Lisbon treaty will give it the capacity to do better.

In the past year our European partners have shown great understanding for Ireland as they listened carefully to our concerns and agreed to accommodate them. Europe said "Yes" to us last month. I hope that when the time comes, our people will be able to say "Yes" to Europe. A positive outcome in the autumn will be vital for Ireland and for Europe.

I look forward to the day when we can turn away from debates about the EU's structures and concentrate on its deeds. There is much to be done in dealing with the economic and financial crisis, with the challenges of climate change and with the risks we face in the area of energy security. I look forward to today's debate. Deputies from all parties have much to offer. I hope today's proceedings will set the tone for a mature, fact-based debate in the months ahead.

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