Dáil debates

Tuesday, 27 January 2009

3:00 pm

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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Question 105: To ask the Minister for Foreign Affairs the progress made towards securing concessions from Ireland's EU partners to take into account the contents of the report of the Sub-Committee on Ireland's Future in the European Union; and if he will make a statement on the matter. [1993/09]

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Question 109: To ask the Minister for Foreign Affairs the discussions he has had with the Presidency of the EU since 1 January 2009 with respect to the possibility of a second referendum on the Lisbon treaty here. [1871/09]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 138: To ask the Minister for Foreign Affairs the schedule of events and proposals for the holding of the promised referendum on the Lisbon treaty; if he has identified a suitable date; and if he will make a statement on the matter. [1972/09]

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 150: To ask the Minister for Foreign Affairs the position regarding potential consultation with the Irish people on the issues contained within the Lisbon treaty; and if he will make a statement on the matter. [1943/09]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 105, 109, 138 and 150 together.

At its meeting of 11-12 December, and following intensive negotiations, the European Council agreed that the concerns of the Irish electorate regarding the treaty of Lisbon, as identified by the Taoiseach, will be addressed to the satisfaction of Ireland and of the other member states, including through the provision of legal guarantees in a number of key areas.

The report of the Oireachtas Sub-Committee on Ireland's Future in Europe provided a very valuable input in helping to inform the Government's position ahead of this meeting, and made a significant contribution in enabling us to secure such a positive outcome. Once again I thank the Members of this House, and of the Seanad, who served on the sub-committee for their excellent work, which will be of continuing value in our ongoing discussions on Lisbon treaty issues during the Czech Presidency.

The European Council agreed that if the Lisbon treaty enters into force, each member state will continue to have the right to nominate a Commissioner. It agreed that legal guarantees will be given to Ireland in the areas of taxation, defence and sensitive issues covered by our Constitution, namely the right to life, education and family. It also agreed that the high importance the EU attaches to issues including workers' rights and social services will be confirmed. In response the Government said that conditional on the satisfactory completion of the detailed follow-up work necessary on these commitments by mid-2009, and on presumption of their satisfactory implementation, it is committed to seeking ratification of the treaty by the end of the term of the current Commission, which is expected to leave office at the end of October.

The Government will be working domestically, with our EU partners and with the EU institutions to give full effect to the commitments contained in the European Council conclusions. This will involve intensive consultations in the months ahead. We will be looking to finalise the required legal guarantees before the end of the Czech Presidency, which will hold two meetings of the European Council in March and in June. We will not take any decision on the holding of a second referendum until the concerns of the Irish people have been addressed to our full satisfaction.

With a view to advancing this work, we have already had a number of meetings with the Czech Presidency. After yesterday's GAERC meeting I met my Czech counterpart, Mr. Karel Schwarzenberg, and Czech deputy Prime Minister, Mr. Alexandr Vondra, who also has responsibility for European affairs. Earlier this month, my colleague, the Minister of State with special responsibility for European Affairs, Deputy Roche, attended an informal General Affairs Council meeting in Prague, where he also had meetings with the Czech Presidency. At an official level, my Department is in regular contact with partners, including the Presidency.

The Government believes it will be possible to secure the robust legal guarantees we require to address what have been identified as the most significant areas of public concern regarding the Lisbon treaty. Once this has been achieved, we are committed to seeking ratification of the Lisbon treaty through a referendum later this year. We will do all in our power to ensure a clear, comprehensive and inclusive national debate on the ratification of the treaty and on Ireland's future in Europe. This is a matter of the highest national importance. I look forward to all individuals and parties in this House who are committed to upholding Ireland's position within the European Union playing a full and active role in this vital national debate whose outcome will shape our future in Europe.

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Fine Gael)
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I am very pleased to hear relations between the Irish Government and the Czech Presidency have improved since the visit of the Czech President to the country a few months ago. I welcome some of the steps taken regarding the key issues highlighted in the aftermath of the Lisbon referendum. For those of us on the ground these matters were highlighted during the campaign. These relate to concerns on social and moral issues, taxation, etc. It is important we seek and guarantee assurances at EU level on those.

I am disappointed at the lack of progress at a domestic level. I have said before and I repeat, there is a large amount of groundwork to do at a domestic level. A number of recommendations in the report of the Sub-Committee on Ireland's Future in the European Union have not in any way been implemented. I thank the Minister for his kind words on the work of the sub-committee, but words are inadequate. We need to see some action on some of these proposals, such as those on the scrutiny reserve system, a new approach to the oversight of statutory instruments and the role of Oireachtas Members. Some of this will require domestic legislation and I have seen no evidence of any preparation of this. I would like to hear precisely what is happening at Government level to seek the changes we require at domestic level. We do not need the agreement of our European partners to take the necessary steps at a domestic level.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I am disappointed with the tone of the Deputy's remarks because the Oireachtas committee's report was published at the end of November.

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Fine Gael)
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Exactly.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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We then led into the December Council, secured significant concessions from our EU partners, as per the Deputy's question, covering many issues raised including those pertaining to neutrality, defence and taxation, which were part of the Oireachtas committee's report. We have delivered on all those recommendations. We are working on the areas the Deputy mentioned and they will be part of the package. It is not about implementing something overnight in advance.

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Fine Gael)
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That is all we want to hear.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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We will respond specifically to the idea of the formal scrutiny reserve mechanism to deal with the issue of secondary legislation and whether we agree with the establishment of an EU panel for the Seanad. The political parties, independent of the committee's work, have put forward other ideas that have to be taken on board and considered and we are committed to doing that.

Should we re-establish the committee? I will be in discussions with my opposite numbers, Deputy Costello in the Labour Party and others, to see if that is a mechanism for facilitating the final stages of this debate and engagement. Deputy Timmins is smiling; I do not know why. Or do we need more formal, direct engagement with the political parties through our spokespersons and the meetings we have already had?

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Can we anticipate domestic legislation dealing with workers' rights and the social charter before its introduction into the general terms of what might be on offer to Ireland? Will workers' rights and the social charter be in domestic legislation before any referendum and will it be part of any referendum afterwards? If Ireland provides guarantees in domestic legislation it will then be in a position to look for Europe-wide guarantees to workers.

I do not recall the reference to guarantees that we sought in respect of education being central to the sub-committee's report. I did not think that the sub-committee required any guarantee on conservative education or certain forms of control in the Irish case. That came in, as it were, from the side. The same applies to the suggestion about forms of household and the conservative clauses in respect of the family. Where did they come from before becoming part of a great European guarantee? I do not recall these issues being raised significantly on doorsteps when I canvassed but I do recall workers' rights being raised.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The charter of fundamental rights represents a significant advance on workers' rights. Having the Lisbon treaty passed with the charter intact would also be a significant advance for them. If it does not pass it will be bad for workers. That principle must be articulated time and again because it is conveniently forgotten whenever we mention workers' rights. The Deputy is correct in suggesting that there is a domestic agenda, the legislation pertaining to compliance and the establishment of the National Employment Rights Authority, NERA, the agency legislation, how a new legal edifice can be created to recover the position following the Ryanair judgment and several other items on which the social partners, the Minister for Enterprise, Trade and Employment and her Minister for State Deputy Billy Kelleher are working.

The European Council issued a statement to the effect that it attached high importance to workers' rights and social services. The Commission brought in the European employers and trade unions too and is working on the implications of the Laval, Viking and Rüffert judgments for the mobility of workers in the European Union. It is examining, for example, the directive on postal workers. It is not clear whether that will be completed in time but it is on the way.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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It is very important.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The sub-committee's recommendations did not cover everything. There is a variety of submissions and we carried out our own research and analysis on the kind of issues that might arise. The only one pertaining to the Deputy's comment on the family is that it is a general view that Irish people should decide on issues such as abortion. It is a jurisdictional issue.

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Will the Minister outline briefly the more obvious areas not covered by the sub-committee? Will he give us some idea of a date for the second referendum and if he cannot do that will he tell us when he might be in a position to give us that date?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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There was a time when the Deputy told me he did not want one date. He is not as clued out as he thinks or suggests.

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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The Minister should not break confidence.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I assure the Deputy that I will consult with him on the date.

Photo of Noel CoonanNoel Coonan (Tipperary North, Fine Gael)
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Did the Minister run that by the Cork hurlers?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I will hear him and Deputies representing other parties on a date because I am anxious to develop as strong a consensus here as possible on this issue.