Dáil debates

Thursday, 2 June 2005

Priority Questions.

European Constitution.

3:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 2: To ask the Minister for Foreign Affairs his response to the outcome of the referenda on the European constitution in France and the Netherlands; and if he will make a statement on the matter. [18782/05]

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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Question 4: To ask the Minister for Foreign Affairs the position regarding the ratification of the EU constitution; and if he will make a statement on the matter. [18863/05]

Photo of Noel TreacyNoel Treacy (Galway East, Fianna Fail)
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I propose to answer Questions Nos. 2 and 4 together.

The Government very much regrets the outcome of the referenda in France and the Netherlands on the European constitution. However, we fully respect the democratic right of the people of each country to make their own decision, as we respect the decisions of those other member states that have already ratified the constitution.

The European constitution can only enter into force if and when all 25 member states have ratified it. The situation is complex and it is important that the EU should move forward in a considered and united way. We hope the discussion at the European Council on 16-17 June will be significant in helping to chart the way forward.

In the run up to the European Council, contacts with partners at all levels will continue. The Taoiseach is today meeting Chancellor Schroeder and Prime Minister Juncker, and the Minister for Foreign Affairs held informal discussions with colleagues in Luxembourg earlier this week. The Government remains committed to the European constitution and to its ratification by Ireland. The constitution is the product of an unprecedentedly open and lengthy debate at the European Convention, followed by a full Intergovernmental Conference. The text that emerged represents a carefully balanced compromise among all 25 member states, and meets all of Ireland's concerns.

While the European Union can and will continue to operate on the basis of the current treaties, we believe the constitution would bring about a number of significant improvements. It consolidates and clarifies the mass of existing treaties. It sets out the EU values, objectives and principles in a clear, balanced and durable way. It would help the enlarged EU to operate more effectively, both internally and externally, enhance the fundamental rights of European citizens and help make the union more open and democratic, with greater roles both for national parliaments and the European Parliament. We continue strongly to support the European constitution because it is in Ireland's interests and in Europe's interests.

We continue also to prepare for ratification by the target date of November 2006. As the House is aware, last week the Government published the Twenty-eighth Amendment of the Constitution Bill. Publication of the Bill allows for the establishment of the referendum commission through an order made by the Minister for the Environment and Local Government. The Government has also prepared a White Paper to help inform the public, which will be ready for publication shortly.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Does the Minister of State regard that the neo-liberal agenda being pushed to its extreme, for example, regarding the working day, the working week and the Aubert principles was an issue in the French referendum, in other words that the emphasis was on the competition side rather than the cohesion side, as it was in Lisbon?

The Minister of State referred to his "regrets". Does he think it was a mistake to call a document a constitution when it was primarily a co-ordinating treaty? In retrospect, that might have been a mistake in so far as it does not meet the conventional definitions of a constitution. It is a set of co-ordinating mechanisms for the existing treaties. On reflection, would it have been wiser to call it a co-ordinating treaty incorporating the European Convention on Human Rights?

Has the Minister of State considered the differences in opinion between the French and Dutch rejections? I have suggested that the neo-liberal agenda is important in considering the French case, while the Dutch commentary on the "no" vote suggests the primary reason for rejection may have been the failure of the European Union to establish a bond with its citizens.

Is the Minister of State convinced there will be a referendum in Britain, and will it influence the Government's thinking?

Photo of Noel TreacyNoel Treacy (Galway East, Fianna Fail)
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To answer the last question first, it is a matter for each member state to decide how it may ratify the EU constitution. I cannot guess what the United Kingdom will do.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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I think I can.

Photo of Noel TreacyNoel Treacy (Galway East, Fianna Fail)
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The United Kingdom will take up the EU presidency on 1 July and will clearly play a major part at the European Council meeting on 16 and 17 June. We await the suggestions it will bring to the table regarding how we can move ahead. Ireland will take its own decision as a sovereign nation with its own Government and this Parliament. We will take our own decision in due course, based on what we believe is best for the country in the future.

It is not for me to interpret the reasons for the rejection of the constitution in France or the Netherlands, though we greatly regret the outcome. I have been following the media reportage of the situation and clearly, a complex conclusion has been arrived at. People voted against the constitution for various reasons. Some had genuine reasons for voting against it because of their personal opinions. Others voted against it because of local domestic issues. The neo-liberal agenda, as perceived by some, was certainly one of the reasons some people voted against it.

In hindsight, it is hard to say whether the EU constitution should have been called a consolidated treaty or otherwise. We are in the process of consolidating treaties. Some 95% of what is written into the constitution has already been ratified. The remainder, 5% of it, is new. In hindsight, we probably needed much more time to communicate with the citizens of Europe and all the member states. That message is loud and clear. There is a serious difficulty in communicating full information on the European initiative and mechanism to all the citizens on a consistent, regular basis. On the other hand, the communication is such that citizens are not seeking information unless it is made available to them.

Europe must grapple with this issue. We must strengthen the "Communicating Europe" initiative and make much more information readily available. From all the research available, it is obvious that the more information is given to the citizens of our countries and Europe together, the more interest they have, the more positive they are and the more committed to embracing change. In hindsight, asking the citizens of Europe to enlarge the union by ten countries just one year ago, and then to bring in a new EU constitution just 12 months later, was perhaps asking a great deal. We now need a period of calm reflection and to see what will be the outcome of the European Council meeting on 16 and 17 June. We can then work together in the interests of the common good of Ireland and Europe together.

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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I am concerned to hear the Minister of State saying that Ireland will make its own decision. I thought that Ireland had made its decision and that a referendum on the constitution was to be held. Does the Minister of State agree that it would be totally wrong that our attitude to the constitution should be dictated by the opinions of the French and Dutch people? Will the Minister of State give us a guarantee or assurance that a referendum will be held to give the people of Ireland the chance to say "yes" or "no" to the constitution? Will the Government give leadership on this matter? The Taoiseach should not follow public opinion but should try to lead it, and convince the people that the European Union and constitution mean peace, wealth and development for Ireland, and that many other issues, which have nothing at all to do with the constitution, should be put aside.

Photo of Noel TreacyNoel Treacy (Galway East, Fianna Fail)
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I agree with some of the sentiments expressed by Deputy Allen. I thank him and his party, as I do Deputy Michael Higgins and his party for the powerful and solid support and endorsement they have given for the EU constitution over the past 12 months.

I do not know where Deputy Allen got the idea that a decision had been made. Nobody said the decision was made. We have not made a decision. We have until November 2006 to make that decision.

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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The decision to hold a referendum has been made.

Photo of Noel TreacyNoel Treacy (Galway East, Fianna Fail)
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No decision has been made. We have given clear answers. Since I took up my post on 30 September of last year, it was clear that a decision on a referendum would be made during the year ahead.

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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A decision on the date is what the Minister of State said. The Government has published legislation for the referendum.

Photo of Noel TreacyNoel Treacy (Galway East, Fianna Fail)
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We made a clear decision that we would proceed and it was on that basis that we published the legislation. However, we never said when that referendum would be held — we have not made that decision. I do not want anybody to be under the misapprehension that we made a decision on a date as we have not done so.

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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I said the Government has made a decision on a referendum.

Photo of Noel TreacyNoel Treacy (Galway East, Fianna Fail)
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Allow me to answer the questions. We have made no decision on a date. We have published the Twenty-eighth Amendment of the Constitution Bill and are working on a White Paper which will be brought forward as soon as it is available. There is no shortage of leadership from either the Taoiseach or the Government.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Is that a referendum or not?

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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Will there be a referendum?

Photo of Pat CareyPat Carey (Dublin North West, Fianna Fail)
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Allow the Minister of State to continue.

Photo of Noel TreacyNoel Treacy (Galway East, Fianna Fail)
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There is a serious situation in Europe and I am confident that the leadership the Taoiseach gave during his period as President of the European Union and the leadership the Government gave while we held the Presidency will be carried through into the European Council meeting on 16 and 17 June. After that we can go forward in the knowledge that we are all committed to achieving what is in the best interest of Ireland, namely, ratification of the European constitution as quickly as possible.

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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So will we have a referendum?

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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I suggest that nobody questions for a second that the decision on what happens in Ireland will be taken by the Government. What is unclear, however, is the matter of the referendum. I thought the Taoiseach and the Minister for Foreign Affairs said there would be a referendum in Ireland and that they made that statement after the Dutch and French decisions. Will the Minister of State clarify that? I suggest it would be too much to express unanimity after the forthcoming Council meeting as some governments will want to hold a referendum, others will be less enthusiastic and some will be against it.

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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I heard the Minister of State say clearly that no decision was made about the referendum. I want him to give me a "yes" or "no" answer as to whether there will be a referendum in Ireland or whether the people will have an opportunity, after a period of reflection on the results of the French and Dutch referenda, to have their say. Will the Taoiseach lead on this issue rather than be led?

Photo of Noel TreacyNoel Treacy (Galway East, Fianna Fail)
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The Deputy may be assured we will lead on this issue, that we want the European constitution ratified, that the Taoiseach will make his position clear at the European Council meeting on 16 and 17 June and that we will proceed with the Twenty-eighth Amendment of the Constitution Bill which we published last week. If we were not committed to it, would we have published it? There is no doubt about it.

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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I did not ask about the legislation, I asked about a referendum.

Photo of Noel TreacyNoel Treacy (Galway East, Fianna Fail)
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We published the legislation to enable us to have a referendum. One does not publish legislation unless one is committed to achieving a conclusion. That is the purpose of the legislation. We look forward to the Deputy's support and that of all our colleagues in the House in ensuring that we achieve the required goal on behalf of the people.

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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The Government will not have my support.