Billy Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

I am taking this on behalf of Deputy McGrath, who is otherwise detained and sends his apologies. Fianna Fáil supports this motion but it is important to put it into context. The result of the general election, the minority government Administration and the unprecedented importance of Opposition legislation present fresh challenges on how we bring forward legislation and how it is dealt with. The Fianna Fáil Bill to address the variable mortgage interest rate rip-off has prompted this change to Standing Orders. It showed that we can have real influence from these benches on issues that affect people's lives on a day-to-day basis. That is our parliamentary duty and obligation as well.

The changes included in the Standing Order must not be allowed to act as an infringement on State sovereignty and we must make this clear. It is crucial to note that the opinion of the ECB must be considered but is not binding. This House, elected by the people, is the ultimate arbiter of the laws of this State. The ECB has a central role in setting out the monetary contexts of our decisions and helping to develop a coherent EU-wide strategy on fiscal policy but it should not become the source of inordinate delays or undue opposition to laws passed by the consent of the democratically elected Members of the Oireachtas. That would only serve to deepen the cynicism at EU level at a crucial time when we need to reconnect the European institutions and the ECB with the citizens of Europe.

In this light, I will highlight some concerns that should be taken on board. A series of measures around Dáil reform included a specific commitment to limiting to ten weeks the legislative time lapse between passing Second Stage and taking Committee Stage. This was intended to avoid scenarios where Bills would pass Second Stage and disappear into the administrative limbo of the Oireachtas, where they would be ignored by an uninterested Government or one that was hostile to the proposal. It is vital that the ECB referrals are not allowed to prolong that period and the ten-week deadline should be inclusive of any ECB time demands. The minimum deadline for the ECB's opinion is one month and we should use that as a maximum period, with extensions given where required. Following the inclusion of a Bill on the Order Paper, following the first stage of the process, the Department of Finance should make its opinion public on the issue of referral to the ECB for observation.

There are some concerns around whether the Standing Order will be sufficient to comply with the demands of EU law. There is a possible issue around the definition of "substance". Article 4 of the Council decision of 1998 states that the ECB opinion must be taken into account at an appropriate stage, prior to taking decisions on the substance. The principles of a Bill are generally agreed on Second Stage while Committee Stage tinkers with the Bill itself. The substance of the Bill is on Second Stage so we have to ensure the opinions of the ECB are sought in advance of Second Stage.

The EU can seek a time extension to that set out by the relevant authority and I have advocated that we restrict this to a minimum of one month to limit delays. However, there appears to be a potential clash between the Standing Order change and EU law in this regard. EU legislation states clearly that the time extension shall not be unreasonably granted while the Standing Order states that it should be given due consideration. This could become an issue if the committee refuses an extension and it should be borne in mind by the relevant committee.

We support this motion as we must ensure we adhere to our EU obligations. We have had a very major upheaval in the past couple of weeks with the Brexit vote in the UK, which has changed the dynamic and the views of many citizens across the UK and Europe. The ECB gives its opinions on legislation but we must make sure that, at the end of the day, the primary responsibility for setting legislation in this country lies with the Oireachtas. We have to redefine the relationship between the European institutions, including the ECB, and sovereign states because there is a democratic deficit and we do not want those who are opposed to Europe to use the referral of Bills to the ECB as another example of the latter infringing on our sovereignty and on that of other nation states. We agree with the motion but I urge the Minister to look at some of the points we have raised.

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