Alex White (Dublin South, Labour)

I oppose the amendment. While I respect the bona fides of Deputy Catherine Murphy, essentially those who are opposed to the treaty will have an opportunity, once the Bill goes through the Houses of the Oireachtas, to campaign and vote against the treaty. However, the task of Members is to ensure the proposal to be put to the people is clear. It is equally important for those who wish to vote for or against the proposal that it is clear and means something. There is no point in the Oireachtas putting together a proposal that is uncertain or lacking in clarity. Were a proposal to be put to the people that they simply ratify the treaty without having the additional provision for the avoidance or doubt, namely, that no provision of the Constitution operate to invalidate that to which they were agreeing, it would only be a half-proposal. It is important that Members are clear about their role in this regard. While they can debate the merits or otherwise of the treaty, they are agreeing to put a proposal to the people who will decide. Their role is somewhat more limited, although they obviously can debate the treaty on its merits, as they did on Second Stage. However, in this instance, their major task is to agree to what should be the proposal on which the people will decide.

I argue, with respect, that it would be irresponsible to put to the people a proposal that lacked clarity and left open to doubt the question of whether, were they to vote "Yes", it would have the intended impact, that is, that the treaty would be ratified and that no other provision of the Constitution could be invoked to invalidate it. Almost the exact wording of this provision already is contained in Article 29.4.10° of the Constitution. I believe Deputy Catherine Murphy referred to it, although I did not hear the beginning of her contribution. The provisions of Article 29.4 10° state, "No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State which are necessitated by the obligations of membership of the European Union or of the Communities," etc. The Deputy is correct to state this is not a European Union treaty, for reasons of which Members are aware. Nevertheless, it is an international agreement and still a treaty. If the people are to agree to it and vote "Yes", the Oireachtas must bestow on it the same solidity as that has given to other measures. I completely respect the bona fides of the Deputy, but in truth, this is a statement of opposition to the treaty masquerading as an attempt to modify it a little to make it less offensive in some way. It is not offensive to tell the people that the Oireachtas proposes to include this provision in the Constitution. Nor is it offensive for Members to further propose there be no doubt left open in anyone's minds but that were this measure to be inserted into the Constitution, it would stand and have the force of constitutional law. That is what the Government seeks to achieve in this regard.

I also am familiar with the writings of Mr. Habermas who has written much apart from the statement read out by the Deputy. To the extent that people are legitimately concerned that the European Union has been overly bureaucratised and centralised and that there is a democratic deficit, I made the point last night on Second Stage that this must be addressed through political work. This means people must engage with the problems in Europe and others in Europe. In this context, I note the Acting Chairman, Deputy Peter Mathews, and I have done this ourselves on one occasion. People must take the opportunities through their political parties, the political families in Europe in which they are involved and so on to engage in and carry out political work. I also make this point, with respect, to Sinn Féin Members. There is no point in walking away from these issues by throwing one's hands in the air and stating it is all about bureaucrats or people coming to get us or seeking to threaten us and so on. This is political work from which Members should not walk away.

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