Dáil debates
Wednesday, 8 July 2009
Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009: Second Stage (Resumed)
Micheál Martin (Cork South Central, Fianna Fail)
It is important we engage with people who voted "No" the last time. It is important we acknowledge the points raised by those who voted "No". The guarantees we have secured do that in a comprehensive way. We must reach out to and engage with people to make progress on the big picture. The big picture is the economic situation.
People may not realise it, but the Lisbon treaty is the outcome of almost ten years discussion. As the Minister of State, Deputy Roche, said today, no work has ever been more painstakingly gone through than all of the preparatory work that went into the Lisbon treaty. Deputies will recall it was born out of a declaration on the future of the European Union agreed with the then 15 member states back in 2000. They declared an enlarged Union would need better institutions and structures, would need to come closer to its citizens and be more responsive to their needs and expectations.
This early proposal was followed by a convention, which was a major innovation. The convention included not just representatives of the member state governments, but also national parliamentarians and representatives of the European Commission and European Parliament. Their draft treaty was then the focus of an Intergovernmental Conference in 2003 and, after a period of reflection, a second one in 2007. The outcome of each step in the process was made public. Therefore, the treaty is not the property of men in grey suits hiding in smoke-filled rooms. It is the creation of people like us and our counterparts across the Continent. In other words, it was parliamentarians from all across Europe who created the Lisbon treaty. It was created by parliamentarians and public representatives of all political colours doing what they do best, searching for agreement on matters of common concern that will serve the interests of the people they represent.
I say all this because there are people outside this House who try to dismiss the entire European Union reform process as an autocratic power grab. They ignore the evidence of 50 years of European solidarity and burden-sharing and try to pass it all off as part of an elaborate conspiracy theory. Can anyone really imagine that we would have spent the last ten years doing anything other than seeking to serve the best interests of our electorate? Can it be seriously believed that elected politicians would conspire to hand over authority to unelected bureaucrats, as some eurosceptics claim? Where is the evidence that the big member states have done a smash and grab job at the expense of smaller states like Ireland? If the Union is such a bad deal, where did the agricultural subsidies and structural funds come from?
Today, we have spent time discussing voting rights, qualified majority voting, double majority voting, co-decisions, the ordinary legislative procedure and the passerelle clause. It is true we need to look at these closely and, no doubt, we will need to spend time over the coming months explaining them to voters. However, let us not lose sight of reality. The reality is that the Union works best when it operates by consensus. Issues seldom go to a vote, and if they do, it is often a sign of poor chairmanship more than anything else. Indeed, for all the talk about losing the veto, we have only ever used it once and that was in the 1980s.
The European Union is, fundamentally, a democratic organisation, and let no-one say otherwise. The Lisbon treaty makes a democratic organisation even more democratic. As we have heard today, it gives more to us as national parliamentarians elected by the people. Our colleagues in the European Parliament are given a greater role too. The citizens, the people who elect us, will benefit from a new citizens initiative which will allow them to petition the institutions in Brussels, Luxembourg and Strasbourg on the issues that matter most to them. Citizens would also be given greater rights of access to the European Court of Justice.
What is so objectionable about giving power to the people and about bringing the institutions and decision-making process closer to the people we serve? The Lisbon treaty is based on equality between the member states. I know that because the treaty itself says so. It also sets out the Union's aims and values in a very clear manner. These include, respect for human dignity, freedom, democracy, the rule of law and respect for human rights. This is what the treaty says. Who can reasonably object to these aims? Is there anyone in this House who is ready to present himself or herself as the voice for opponents of dignity, freedom or democracy in the forthcoming campaign? Who will climb lamp-posts across the country to put up posters for the anti-human rights lobby?
The Union's aims are, according to the treaty, to "promote peace, its values and the well-being of its peoples". When voters are told that the European Union is a neo-liberal conspiracy, where is the evidence for that? The treaty states otherwise. It talks about a social market economy, full employment and social progress, combating social exclusion and social justice. Those who rattle on about the European Union's neo-liberal agenda should read the treaty, where they will discover a very different Union from the one their pet conspiracy theory conjures up.
It will be the responsibility of every Deputy in the House to ensure that the provisions in the Charter of Fundamental Rights on collective bargaining, protection in the event of unjustified dismissal, the right to fair and just working conditions, parental leave and rights on social security and assistance are not airbrushed out of this campaign. The charter will be given legal status by the treaty. Over the next few months, we should not let the eurosceptics prevent us from getting the message across about the horizontal social clause in the treaty. For the first time ever, the Union will be obliged to consider the social consequences of decisions when making policy. If the treaty is ratified, the Union's aims will include full employment and social progress.
The European Union is a force for good at home and abroad. It is the world's largest aid donor to the developing world, with the Commission and member states combined giving assistance worth €49 billion. The creation of a new post, the High Representative for Foreign Affairs and Security Policy, would improve the Union's capacity to carry out its international responsibilities. This extends to the Union's peace support role. Indeed, Deputies will have noted the tribute paid by the United Nations Secretary General, Ban Ki-Moon, who hailed the European Union yesterday as one of the UN's most important partners. The European Union can also play a major role in global challenges such as climate change and the energy crisis. The Lisbon treaty gives us the tools we need to deliver on these issues.
This is a crucial time in the country's history for the next generation. We need to pass the Lisbon treaty to open up the possibilities it provides for new initiatives that will encourage the participation of young people in the democratic life of Europe. If we are to successfully address climate change, the energy crisis and the global recession, we need the talents of all, young and old, on board. Lisbon is the vehicle which can bring us all together more effectively and that can open up new horizons and new opportunities across the Continent.
I would like to comment on the issue of the German Constitutional Court judgment, which was raised today. It confirms what the Government has been saying about the Lisbon treaty. The German Constitutional Court states that the Lisbon treaty does not create an EU super-state, that the member states remain sovereign and are the masters of the European Union, that the European Union can only operate on the basis of the competences conferred on it by the member states and that member states retain control of areas such as tax and defence. The German court was completely satisfied that the treaty of Lisbon was fully in accordance with the German basic law.
The German court went on to say that domestic legislation would be required in advance of ratification of the treaty. It was anxious to ensure that the German Parliament exercises control over matters such as the use of the passerelle clause, enhanced co-operation and justice and home affairs, the very issues covered by subsections 7o and 8o of the Bill before the House today.
I appreciate the Chair's forbearance and tolerance and thank all Members for their contributions. The European Defence Agency Bill will be published shortly. The heads have gone to Government and it will be available well in advance of the date of the referendum.
On the workers' rights issue, in terms of the Laval and other judgments, it is important to note that these judgments are case and country specific. They could not arise in Ireland because we have a strong body of employment rights legislation, the national minium wage, registered employment agreements and employment regulation orders, all of which protect the rights of Irish workers. This is why the Laval judgment could not have happened in Ireland, so let us not spread confusion about this.
I appreciate all of the contributions that have been made. To conclude, ratification of the Lisbon treaty will strengthen Ireland's position within the Union and will be a significant factor in contributing to Irish economic recovery.
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