Mary Lou McDonald (Dublin Central, Sinn Fein)

Sinn Féin brings forward this Private Members' motion at a time when we are certain we will have a referendum, although we do not know the date. We are sure that the sole argument advanced by the Government to urge the people to support the austerity treaty is that it is a prerequisite to accessing the so-called EU bailout fund. My colleague has outlined both the context in which the motion is set and its substance.

While the background to the blackmail clause may appear complex, the central issue is very simple. The blackmail clause, which the Government allowed to be inserted into both the austerity treaty and the ESM treaty, has not yet come into effect and can only come into effect if the Government allows that to happen. My colleague has outlined the way in which the Government could insist on the removal of the blackmail clause from the ESM treaty. This, and only this, would allow for a free and fair debate on the austerity treaty, followed by a full consideration of the merits and problems of the ESM. In other words, each issue would be dealt with separately and on its own terms.

I would like to deal with a number of contradictions that are contained within the blackmail clause itself. The legal basis for the European Stability Mechanism is to be found in Article 136 of the Treaty on the Functioning of the European Union. In December 2010, the European Council amended this article, adding the words: "The Member States whose currency is the euro may establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area as a whole." This means that the sole function of the ESM is to safeguard the stability of the euro.

What happens if Ireland rejects the austerity treaty and, come mid-2013 or the start of 2014, is in need of emergency funding? Will the blackmail clause be invoked by the European Council to punish Ireland for the perceived indiscipline of our electorate? I believe the answer to that is "absolutely not". I say that because not only would there be a compelling economic rationale for the European Council to provide funding, there would also be a binding legal requirement to do so. Additional conditions on emergency funding contained in the ESM treaty would take second place to the primary legal and policy mandate as detailed in the EU treaty.

The blackmail clause is also in conflict with a commitment given by the European Council in its July 2011 summit. The Council stated that it was "determined to continue to provide support to countries under programmes until they have regained market access, provided they successfully implement those programmes".

Sinn Féin is firmly of the view that the blackmail clause is an empty threat. It was deliberately designed with the sole purpose of bullying people into supporting a treaty that they would otherwise reject. When the European Council decided to put the blackmail clause into the ESM treaty, it was trying to ensure that unruly parliamentarians in member states or, worse still, the Irish electorate in a referendum, would feel that they had no choice but to support the austerity treaty. That the Irish Government willingly signed up to this act of blackmail is nothing short of shameful. Parties that pride themselves in respect for democracy and the Constitution have actively colluded to undermine the integrity of the referendum process itself.

As the motion clearly states, the Government still has the power to remove the blackmail clause. Its veto over the Article 136 amendment and its ratification through the European Communities Act (amendment) Bill gives it the ability to say to the European Council that this blackmail clause must be removed. I urge the Government and its backbenchers to take this course of action. Let the people have a full debate. Let them consider the austerity treaty on its own merits, free from blackmail. Let us have an open and honest debate on the merits of the treaty and then, depending on the outcome, let the Government deal with the ratification of the ESM treaty as a separate issue. Our motion asks for nothing more than a full, free and informed debate without coercion or threats. We in Sinn Féin believe the people deserve no less.

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