Micheál Martin (Cork South Central, Fianna Fail)

I have dealt with our concerns about the limitations of the treaty. At a meeting I asked the Taoiseach whether the Government has undertaken any economic impact assessment of the treaty, in terms of its fiscal implications, its broader economic implications for the country and its impact on jobs, and whether he will publish such impact assessments and distribute them to Members of the House.

My second point relates to Article 3.2 of the treaty. The treaty requires fiscal rules to be introduced to Ireland "through provisions of binding force and permanent character". In effect, this would appear to require the Oireachtas to pass legislation giving permanent effect to these provisions. The requirement for permanence in the provision of the treaty appears to restrain any Oireachtas from amending or repealing the legislative provisions introduced to give effect to the treaty.

The existence of legislation which cannot be amended or repealed is not known in Irish law. As the Minister of State knows, Article 15.2.1° of Bunreacht na hÉireann provides that the sole and exclusive power of making laws for the State is vested in the Oireachtas. No other legislative authority has the power to make laws for the State. Can the Minister of State clarify that any future Oireachtas will be entitled to repeal or amend legislation on the statute books that would arise from the ratification of the treaty?

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