Billy Timmins (Wicklow, Fine Gael)

Fine Gael supports this Bill and welcomes its publication, and welcomes Deputy McGrath's decision to support a "Yes" vote. I also acknowledge the work of my constituency colleague, the Minister of State at the Department of Foreign Affairs, Deputy Roche, who has worked tirelessly to push the project over the past few months.

Self-interest, with some rare exceptions, is the greatest motivating factor for mankind and while we like to genuflect to the common good and theorise about compassion, history shows us that in the final analysis self-interest will always prevail. Although generally unspoken this is the main driving force behind our foreign policy formulation. Such a practice is not necessarily a bad thing but in ideal circumstances it intersects with the common good. The Lisbon treaty presents such a case. It is more than a housekeeping exercise or tidying up of other treaties and we should not seek to undersell its importance. If ratified it will create a more efficient and accountable Europe in addition to developing many progressive policy areas.

Why then did the Irish people reject the proposal last year? Research by Millward Brown IMS outlined a myriad reasons why this was so, concerns about taxation, neutrality, ethical issues and a loss of power were some areas highlighted. Another factor in the "No" vote was the subliminal view that Europe is far removed from the citizen and there is little recourse for one to have an input or question policy. There was a belief that a "no" vote would have no consequences. All these ingredients, aligned to a collapse in the economy and a disdain for the perceived establishment, particularly politicians, when stirred in the melting pot created a force that resulted in a "No" vote. For others it was the seasonal thing to do.

I was a member of the Oireachtas sub-committee on Ireland's Future in Europe after the "No" vote. Those who appeared before the sub-committee ranged from the political to the industrial, members of the media and civil society. There was an overwhelming view that to ratify the treaty was in Ireland's best interest. It was interesting to note that many of the witnesses before the sub-committee changed their view when questioned on how Ireland had benefited from Europe and the realisation dawned on them that it was right to vote "Yes". I welcome the fact that some have come to realise that the arguments they used in the last campaign were not accurate or helpful.

It was also clear that the "Yes" side had failed to engage people and that there was not enough information available. I welcome the fact that the Minister has decided to distribute the detail of the guarantees to all households. It is important that people have the information before them. The complaint about making it available is not logical. The former MEP, Ms McKenna, complained about this and I vaguely recall her saying in the run-up to the last referendum that if the post of Commissioner was to be retained she would be happy to vote "Yes" to the treaty. I may be doing her a disservice and she might like to clarify her position. If I am doing her a disservice I will be the first to withdraw the remark. My memory is of her making such a claim.

I am very careful to distinguish between "No" voters and many of the "No" campaigners. Many "No" voters had genuine concerns while many "No" campaigners are opposed to the concept of the European Union and will dress themselves as pro-European but opposed to this treaty on some spurious ground, imparting inaccurate information as if it caused no difficulty. Not all of them run around waving placards.

I do not intend to dwell on this aspect any longer and the inclination of the "Yes" campaign to do so on the last occasion did not serve our purpose. This should not blind us to the necessity and duty to engage with those who voted "No" along with those who voted "Yes". We must outline the benefits of the treaty to Ireland, Europe and their citizens. The emphasis must be on what the treaty does rather than what it is.

The Lisbon treaty is positive but the real benefit will come from what it will achieve. We are familiar with the concept of the G8 and G20 but the globe is moving to a G2 of the United States and China. The economic reality requires Europe to be cohesive but this does not come at the expense of sovereignty. Since joining the EU, Ireland has pooled its sovereignty in areas where it has benefited both us and Europe. The only power that Europe has is that which we bestow upon it.

This referendum is also about whether we want to be an influential player within Europe or if we want to adopt an isolationist policy. It is definitely about whether we want to be in or out, no matter what way we seek to dress it up. That is not a scare tactic, as this is a fundamental vote on whether we want to play a part in Europe or be on the sidelines. The choice is ours.

Voting strength will never give us power but the building of alliances will; it is no different for any other member state. Our strength is in our positive participation, and the waving of vetoes is the antithesis of democracy. Remaining at the heart of Europe is essential in order to attract investment. Political uncertainty creates economic instability and now more than ever we need both political and economic stability. The European Union does much of its business through the community method, where proposals are prepared by the Commission, which looks to the interests of all member states in order to formulate a single fair proposal.

The community method, as opposed to the inter-government approach, favours smaller states. The Lisbon treaty would have greatly strengthened the community method by adding to its area of operation.

There are measures in the treaty which assist in the fight against cross-border crime and terrorism. Currently, decisions in this area must be taken by unanimity among 27 countries. Crime does not recognise borders and Europe is plagued with drug and gun crime, so cross-border co-operation will assist in dealing with them. Prosecution will be facilitated. The Charter of Fundamental Rights asserts that human dignity is inviolable. Measures to deal with energy security, climate change and the health check are also included. All of these are positive aspects.

Being a member of the eurozone is very advantageous to Ireland, particularly in the current economic climate. The strength of the euro is based on a stable and strong economic and fiscal policy, and the Lisbon treaty enhances this.

National Parliaments will play a greater role. Fine Gael has identified certain measures which need to be implemented and others which require consideration, and the Minister alluded to this concept in his speech. I welcome the fact that he has called on Ministers to appear before committees, similar to the actions he takes before going to GAERC meetings. It is important for something more formal to be outlined in this respect.

We have raised concerns regarding enhanced security and the need to carry out an audit of directives which may have been implemented incorrectly. We must also consider where somebody could have access to a EU citizens' officer or a scrutiny committee in order to raise issues of concern. I welcome the Minister's reference to this in his speech and I look forward to concrete proposals in the autumn to deal with such measures.

Some of the "No" campaigners have stated that this is exactly the same treaty. That may well be technically correct but following the guarantees which will eventually result in protocols to another treaty, there should be an understanding that this referendum takes place in changed circumstances. The text of the treaty may not have changed but we have the political commitment to keep a Commissioner and there will be protocols dealing with guarantees and various areas referred to by the Minister.

This should change the understanding that many of the "No" campaigners had on what the treaty amounted to. We had guarantees on taxation, for example. It is clear from the treaty that we have exclusive power over our own taxation measures. Nevertheless, it is welcome that a guarantee can spell that out. The same applies to social issues and the defence policy.

I welcome the comments by UN Secretary General Ban Ki-moon yesterday. He indicated that our peacekeeping through the mechanism of the regional force of the EU is compatible with our UN membership. Workers' rights will no doubt be a big issue in this campaign as the "No" group will focus on the solemn declaration. It is a reflection on us in this House that virtually all progressive social and working legislation emanated in Europe.

The Minister has given a commitment to bring forward legislation to deal with the European Defence Agency, with any programme that Ireland would participate in needing the prior approval of both Houses of the Oireachtas. Membership of the European Defence Agency will ultimately lead to less spending on armaments in Europe, and it is more to do with interoperability and cutting back spending rather than promoting the arms industry.

The Bill seeks to make an amendment to Article 29 of the Constitution to allow Ireland to ratify the Treaty of Lisbon. Specifically, the Bill proposes to delete the current Article 29.4.4° to Article 29.4.11°, inclusive, and a part of Article 29.4.3°. Most of the deletions - Article 29.4.3° to Article 29.4.8°, inclusive - remove references that would become redundant once the Lisbon treaty came into force. The current Article 29.4.9° prohibits the State from adopting a decision of the European Council to establish a common defence under the Nice treaty. This prohibition is carried forward by the new Article 29.4.9° of the 2009 Bill.

The current Article 29.4.10° ensures legal compatibility between the treaties and the Constitution, providing constitutional cover for laws, acts and measures "necessitated by the obligations" of membership of the EU and the European Communities. This constitutional cover is carried forward in the new subsection 6° from the 2009 Bill.

The new subsection 4° recalls the principles motivating Ireland's membership of the Union, confirming Ireland's commitment to playing a part of the European Union, within which member states work together to promote peace, shared values and the well-being of their peoples. This is a new measure incorporated in the Constitution and a very clear political message of Ireland's commitment to the European project.

The new subsection 5° simply allows the State to ratify the Lisbon treaty and to be a member of the European Union as established by it. The new subsection 6° ensures legal compatibility between EU law and the Constitution and would carry forward constitutional cover for laws, Acts and measures "necessitated by the obligations" of EU membership, before and after the Treaty of Lisbon enters into force. It is the same as the current subsection 10°.

The new subsection 7° provides that the State may avail of certain options and discretions under the treaty, subject to the prior approval of both Houses of the Oireachtas. This subsection ensures that the prior approval of both Houses of the Oireachtas is required for the exercise of options and discretions referred to therein. The options deal with enhanced co-operation and action to be taken in the areas of freedom, security and justice.

Subsection 7° makes specific provision for the possibility of withdrawing in whole or in part from the opt-out provided for the protocol on the area of freedom, security and justice. Any such withdrawal would require prior approval of both Houses of the Oireachtas. We look forward in the not too distant future to implementing that measure.

The new subsection 8° states that prior approval of the Houses of the Oireachtas would be a condition for action under a small number of other areas. This provides for the enhanced role for the Houses of the Oireachtas in respect of relevant issues. Subsection 8° refers to a position where the European Council, acting unanimously, seeks to the change the decision making process in certain areas defined in the treaty. This is the so-called passerelle mechanism.

We in Fine Gael look forward to campaigning for a "Yes" vote in the forthcoming referendum. Heretofore, a great deal of emphasis was placed on the technical aspects of the treaty. It is important to outline the benefits of the treaty to this country. The treaty is all about being a player in Europe. It also relates to participation. Ireland has benefited enormously as a result of its membership of the European Union. There is no doubt that we cannot operate in isolation. We cannot deal alone with global matters such as energy security, climate change and possible health threats.

Under Article 46 of the Constitution, the Government has the prerogative to hold referenda as often as it so desires. In the past week or two, one of the prominent "No" campaigners stated that there might be a constitutional challenge if this legislation is passed. That individual's assertion went unchallenged. It is important to note that the Oireachtas can pass legislation which would allow a referendum on the same subject to be held on each day of the week.

Fine Gael looks forward to engaging with the public and with those on the "No" side who have expressed concerns. It also looks forward to returning to those on the "Yes" side to reiterate the positive aspects of the treaty. It is important that as much information as possible relating to the treaty be disseminated. However, it is vital that this information should be user-friendly in nature. We must recognise people's genuine concerns and seek to address them.

When the second referendum on the Nice treaty was passed, we closed the hatch and declared the matter done and dusted. We did not really learn our lesson in that regard. I hope we will succeed in obtaining a "Yes" vote. If such a result is forthcoming, we must put in place measures to ensure that we never again find ourselves in the position we now occupy. Membership of the EU is, by any stretch of the imagination, the only game in town for Ireland.

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