John Perry (Sligo-North Leitrim, Fine Gael)

I compliment Deputy Durkan on his outstanding role as Chairman of the Joint Oireachtas Committee on European Affairs and the meetings he held, most notably with the party leaders and Bishop Treanor. The clarification given during those committee meetings was most effective in its analysis. The meeting with Bishop Treanor in particular was very effective.

I welcome the emphatic decision of the Irish people on 2 October to support the ratification of the Lisbon treaty. They made a very important decision both for the future of Ireland and the future of Europe. They have shown their confidence in the EU and reinforced their commitment to the values and objectives of the Union. I believe that with this positive vote, the Irish people have demonstrated their commitment to the European project. They have recognised the benefits which EU membership offers both economically and socially. They expressed their wish to remain at the centre of the Union and to constructively engage with our EU partners in a spirit of solidarity.

By voting "Yes" they also wish to see a Union that works more efficiently, effectively and democratically. Delivering the reforms in the Lisbon treaty must now be our priority as we move away from institutional questions and towards facing the challenges of the 21st century. The treaty cannot enter into force until it is ratified by all member states. Currently, only one member state has not completed ratification. I hope agreement can be found at the European Council later this month that will allow President Klaus to sign the Czech Republic's instrument of ratification.

Europe needs the reforms contained in the treaty so that we can act more effectively and efficiently in delivering the results our citizens are demanding in this time of economic uncertainty. I am convinced that the Irish people's vote was a vote for democracy. They want to see the democratic provisions contained in the treaty fully implemented. Therefore, I welcome the European Union Bill 2009. It will give effect to the new powers contained in the treaty, which will enhance the role of national parliaments, including this House, within the EU. There is no doubt people across Europe are concerned about democratic accountability and legitimacy within the EU. Therefore, it is vital that the democratic provisions in the treaty are properly implemented. It is important, under the principle of subsidiarity, in the context of the role of national parliaments that we take serious account of such empowerment.

The implementation of these provisions is important for bridging the knowledge gap that has developed among the general public in regard to the European Union, a point to which Deputy Dooley alluded. The referendum campaign in 2008, and to a lesser extent this year, demonstrated that people do not fully understand the EU and how it works. It is difficult for people to trust something they do not fully understand. I strongly believe that the more people know about the EU and how it works, the more likely they will be supportive of the Union and its actions. It is therefore vital that the Oireachtas properly and publicly debates EU matters. The democratic provisions of the Lisbon treaty and the Bill before us will facilitate this.

I would like to focus on section 7 of the Bill, which provides for the operation of new powers for the Houses of the Oireachtas under the terms of the Lisbon treaty and, in particular, the application of Protocol No. 2 to the treaty on the principles of subsidiarity and proportionality. These new powers will enable Dáil Éireann and Seanad Éireann, for the first time, to have a direct input into the EU's legislative process. Article 5 of the Lisbon treaty states that national parliaments will from now on have the formal role of ensuring that the institutions of the EU comply with the principle of subsidiarity. This means we will have the important job of ensuring the EU acts only within its defined objectives and competences and when EU-wide action would be more effective than action at the national level. That is an important and effective role for national parliaments in ensuring the EU has only that remit.

The Lisbon treaty, through its protocol on the application of the principles of subsidiarity and proportionality, introduces a new early warning system known as the "yellow and orange cards". The Bill gives effect to this system within the Oireachtas. The Oireachtas will have the right to send to all EU institutions, within eight weeks, a reasoned opinion stating why it considers a draft legislative act does not comply with the principle of subsidiarity. This is where the Secretary General of every Department will have an important role to play. With the short timescale of eight weeks available to submit a reasoned opinion, it is important to work with other parliaments to address concerns about draft legislation. The Minister of State might allude to the powers and responsibilities of the Secretary General of each Department to identify such issues of concern. If one third of other parliamentary chambers across the EU agree with the Oireachtas, the Commission or Council must review its legislative proposal. For proposals on judicial co-operation in criminal matters and police co-operation, the threshold is only one quarter. This is the so-called "yellow card". If one half of national parliaments believe that a legislative proposal is in breach of subsidiarity, the Commission must decide either to withdraw the proposal or to continue with its proposal to the Council and the European Parliament. The principle of subsidiarity means the laws should be enacted here and that they are not in breach of the laws enacted by the Dáil. In other words, it is a bottom-up process. The timeframe of eight weeks available for debate is important. We are all aware of directives such as the nitrates directive and the raised bogs directive that were not debated, but since we took on a scrutiny role in 2007 our job is to ensure that controversial directives, once they are introduced, are effectively debated and amended before being agreed at EU level. If the Commission decides to continue with its proposal, it must also prepare a reasoned opinion which would be considered by the Council and the European Parliament together with the reasoned opinions of the national parliaments. If the European Parliament, by a majority of votes cast, or the Council, by a majority of 55%, agree with the national parliaments, the draft legislative proposal will have to be withdrawn by the Commission. This is known as the "orange card". This is an important provision. This is where Leinster House has a critical role to play. It is important to have an objective and in-depth analysis of draft legislative proposals.

If the Lisbon Treaty is ratified, and I believe it will be, this early warning system and the powers for national parliaments will come into force. We need to bear in mind the timeframe involved. I know from my experience as chairperson of the Joint Committee on European Scrutiny that directives are often received too late for such scrutiny. I put down a clear marker that concerns about such draft legislative proposals need to be put forward immediately.

In line with the Lisbon treaty and Protocol No. 2, the Bill bestows these powers on both Dáil Éireann and Seanad Éireann equally. It is important that the Houses of the Oireachtas put in place the measures that will give these new and important powers practical effect - the Minister of State might indicate how it is planned to introduce these powers - in order that we can play our full and active role in the new early warning system. The Joint Committee on European Scrutiny, of which I am chairperson, is ready to play its role in ensuring that these new powers are given such effect. The joint committee is well placed to play a constructive role in the operation of these new powers. As the committee responsible for the operation of the European Union (Scrutiny) Act 2002, we have during the past two years built up a high level of institutional knowledge as well as experience and expertise in the scrutiny of draft EU legislative proposals. We already have in place the systems and resources which ensure that all legislative proposals are scrutinised appropriately. Also, through our involvement in COSAC, at which Deputy Durkan is an effective participant, we have taken part in its subsidiarity testing pilot project and have produced four reasoned opinions to date. Therefore, we already have experience of how the "yellow and orange card" system will work.

In May 2008, the joint committee published a report on the enhanced role for national parliaments in the Lisbon treaty. The report makes a number of conclusions and outlines the issues which may need to be examined with a view to implementing the new powers of the Oireachtas under the Lisbon treaty and as provided for in the Bill. It was the committee's clear view that the Lisbon treaty provisions on enhancing the role of national parliaments will strengthen the democratic legitimacy of the EU and make it more accountable. The "yellow and orange card" arrangements will also mean the EU will have better legislation, because it will be better informed of conditions in member states. National parliaments will for the first time have the power to directly influence the EU political and legislative process.

An issue that we will need to consider before deciding how best to implement these important new powers is the possible need to amend the Standing Orders of Dáil Éireann and Seanad Éireann to underpin the mechanism whereby each House will have a separate vote in the yellow and orange card procedures. In addition, if it is decided that the Joint Committee on European Scrutiny will play a role in the operation of the new powers, the current orders of reference of the joint committee may need to be changed to take account of the Lisbon treaty provisions and the provisions of the Bill when enacted.

The effectiveness of these new powers will also depend on the level of public awareness of this important work. It is not simply good enough to have greater democratic accountability but it must be seen and communicated beyond this House. There is a need for greater public awareness about the current work of the Oireachtas on EU matters and about its future role when the Lisbon treaty enters into force. I reiterate my proposal that an EU information office could be established within the Oireachtas with the remit of communicating to the wider public the work of the Oireachtas on EU matters and acting as a reliable, impartial source of information on the EU.

The Joint Committee on European Scrutiny has been active in trying to enhance its media profile and to make its work more accessible to the public though the preparation of easy to read meeting reports and improvements to its webpage. However, I believe that it is important that EU matters are debated more within these Houses. I reiterate the committee's recommendation that reforms are made to Dáil and Seanad procedures to ensure regular consideration of EU matters in plenary session. As an initial measure the Dáil and the Seanad could each allocate at least one day per month to EU matters. They could consider reports of the Joint Committee on European Scrutiny on important draft EU laws as well as the ongoing work programme of the Joint Committee on European Affairs.

I welcome this Bill. It provides for the operation by this House of the new powers for national parliaments as contained in the Lisbon treaty. These new powers will make the EU more democratic and more accountable and I believe this is what the Irish people want, as expressed in their decision on 2 October.

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