Dáil debates

Wednesday, 6 June 2012

European Communities (Amendment) Bill 2012: Second Stage (Resumed)

 

10:00 pm

Photo of John PerryJohn Perry (Sligo-North Leitrim, Fine Gael)

The growth agenda has been pressed by the Government since coming to office last year. I welcome this critical issue which has now gathered considerable traction among EU leaders and we will be working hard to ensure that these efforts show dividends in Ireland and across Europe.

The people's vote last week strengthens the Government's hand as we now pursue the growth agenda, including at the European Council summit meeting towards the end of this month. A key element in restoring stability to our common currency area has been the steps to put in place robust and convincing financial firewalls, firstly in the form of a temporary mechanism, the European financial stability facility, EFSF, and now with a permanent mechanism, the ESM. Of course, the Bill before the House has a direct link with the stability treaty through the provision concerning the amendment of Article 136 of the Treaty on the Functioning of the European Union which will provide a legal underpinning for the ESM which is to enter into force next month. It is for that reason that the Bill was published on 8 May in tandem with the European Stability Mechanism Bill 2012 which I understand will be considered by the House tomorrow. The Government wanted to ensure the people had the full picture available to them when they came to vote.

I will recap on the contents of the Bill. It provides for the amendment of the European Communities Act 1972 to provide that the protocol amending the protocol on transitional provisions annexed to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community and that the European Council decision amending Article 136 of the Treaty on the Functioning of the European Union with regard to a stability mechanism for member states the currency of which is the euro shall form part of the domestic law of the State. I will briefly recall what is involved in both instruments before concluding by recapping on the amendments the Government will bring forward on Committee Stage next week.

The protocol on transitional measures on the composition of the European Parliament puts in place temporary arrangements for the level of representation in the European Parliament during the current Parliament's term running from 2009 to 2014. The measure ensures 12 member states are fully and appropriately represented in the European Parliament. Since it was elected in 2009, before the Lisbon treaty had entered into force, EU leaders agreed that it would be only fair that those countries that would benefit from 18 additional seats in the Parliament under the provisions of the Lisbon treaty should have access to that representation during the current term. Ireland's allocation of MEPs was not impacted on by this protocol which entered into force on 1 December 2011, following ratification by all 27 member states. It should be noted that the effect of the protocol is entirely temporary and that the size of the next European Parliament to be elected in 2014 will be as provided for in the Lisbon treaty.

As I mentioned, the purpose of the European Council decision to amend Article 136 of the Treaty on the Functioning of the European Union was to provide a legal underpinning for the ESM, which is to enter into force next month. The Government firmly believes membership of and access to the ESM are fundamentally in the interests of the country. As was clearly set out during the referendum campaign, the ESM will serve as a kind of insurance policy; we hope we do not have to use it, but in agreeing to ratify the stability treaty we have secured access to it. It, therefore, makes a great deal of sense that we should provide an appropriate legal underpinning for the ESM treaty through this amendment to Article 136 of the Treaty on the Functioning of the European Union.

I will recall for the benefit of the House the Government's intention to introduce two amendments to the European Communities (Amendment) Bill. These amendments which will be introduced next week on Committee Stage will provide for the Croatian accession treaty and the Irish legal guarantees protocol to form part of the domestic law of the State through amendments to the European Communities Act 1972. The amendment to provide for the accession of Croatia will, if adopted, allow us to proceed to ratify the Croatian accession treaty. It was encouraging to hear such strong support for the accession of Croatia expressed during today's debate across the House. Croatia's accession process is not yet complete. Monitoring by the European Commission of a number of outstanding commitments which Croatia must fulfil before it accedes will continue. Before July 2013, the proposed date of accession, reforms must continue, new laws will need to be adopted and others implemented. The Commission will closely monitor Croatia's fulfilment of all its commitments across many aspects of the acquis but under particular scrutiny are Croatia's commitments in the areas of the judiciary and fundamental rights and competition policy. Monitoring reports will be submitted to the Council working groups on a regular basis, with the last of these due during Ireland's Presidency of the European Union. On 29 May the General Affairs Council considered the first of the Commission's reports. The Council noted that Croatia's preparations for EU membership were on track and that Croatia had reached a considerable degree of alignment with the acquis. At that Council meeting the Commission indicated it would continue to work with Croatia to address the limited number of outstanding issues. I am confident that Croatia will continue to show the perseverance, hard work and determination that have got it this far in the process. As it holds the Presidency of the Council of the European Union during the first half of next year, I expect to see Ireland preside over the final discussions on Croatia's fulfilment of its commitments and pave the way for its accession. I also look forward to welcoming Croatia as a full partner in the European Union and believe its presence among us will be to our mutual benefit.

The second amendment which the Government will move to the Bill next week concerns the protocol on the concerns of the people on the Lisbon treaty. Whereas the substance of the protocol dates to June 2009 when the European Council took a decision to address Irish concerns about the treaty, the protocol was only signed in Brussels on 16 May. EU leaders agreed in 2009 that the provisions of their decision would be set out in a protocol to be attached to the EU treaties at the time of the conclusion of the next accession treaty. Thus, with progress on the Croatian accession treaty came progress on our protocol. The target date for entry into force of our protocol is the middle of 2013, at which time it is hoped Croatia will become a full member state. The promise made to the people will be fully honoured.

I appreciate the engagement of Members throughout the debate and look forward to consideration of the Bill on Committee Stage next week. I commend the Bill to the House.

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