Results 321-340 of 7,278 for speaker:Dick Roche

Seanad: European Union Bill 2009: Second Stage (Resumed) (22 Oct 2009)

Dick Roche: It is very specific.

Seanad: European Union Bill 2009: Second Stage (Resumed) (22 Oct 2009)

Dick Roche: I had anticipated that a colleague would come in to conclude the debate but I am pleased to do so. The point Senator Cummins made about recess is a valid one and is one of the issues we must work through. We now have a blank canvass on which we can explore a much more meaningful role on the part of the Houses of the Oireachtas. I agree wholeheartedly with Senator Alex White that we must...

Seanad: European Union Bill 2009: Second Stage (22 Oct 2009)

Dick Roche: It is an honour to introduce this Bill whose purpose is to amend the European Communities Act 1972 to give effect to the relevant provisions of the Lisbon treaty in the domestic law of the State and to provide for related matters. The provisions necessary to enable the State to meet its obligations under the treaty must be enacted into domestic law before the treaty enters into force. As the...

Seanad: European Union Bill 2009: Second Stage (Resumed) (22 Oct 2009)

Dick Roche: When the Lisbon treaty enters into force we will be sure to have an Irish Commissioner at the Commission table. However, if the ratification process is not completed and the Nice treaty remains in force, the size of the Commission will be reduced and no country, including Ireland, will be guaranteed a place at the table. The Lisbon treaty will simplify and stabilise the Union's external...

European Union Bill 2009: Second Stage (Resumed) (21 Oct 2009)

Dick Roche: I thank all the Deputies who made contributions to this important debate which comes on the heels of a referendum where an extraordinary amount of people voted. I was amazed at Deputy Ó Snodaigh's views about the referendum, but then I am very frequently amazed at his views. I will come back to it. An astonishing number of people voted. It was the highest number of people to vote "Yes"...

European Union Bill 2009: Committee and Remaining Stages (21 Oct 2009)

Dick Roche: The reason for the reference to the Treaty on European Union and the Treaty on the Functioning of the European Union is they are referred to in the definitions section of the 1972 Act and that they are amended by the Lisbon treaty. The latter maintains EURATOM as a separate entity and makes only technical changes to it. Therefore, it is not necessary or desirable to make the change proposed...

European Union Bill 2009: Committee and Remaining Stages (21 Oct 2009)

Dick Roche: I understand the Deputy's point but for presentation it is important that it is done in this way and that we make it very clear lest a dispute of a legal nature should arise in the future on the question of what precisely we are referring to. Although I may have some personal views on the issue of the European Atomic Energy Community and the legislation that created it, it would be wrong to...

European Union Bill 2009: Committee and Remaining Stages (21 Oct 2009)

Dick Roche: Paragraph (d) includes reference to bodies competent under the treaties governing the European Union. Therefore, it is not necessary to include this reference in paragraph (c), as proposed by the Deputy. It would be otiose to include that reference twice.

European Union Bill 2009: Committee and Remaining Stages (21 Oct 2009)

Dick Roche: I am struggling with the point the Deputy is making. It is very clear that the treaties to which we refer are the treaties governing the European Union. That is the point in amendment No. 13, tabled by the Deputy. To include a reference to the treaties governing the European Union would be superfluous, because it is clear that the reference in section 8 (3)(b), to "those treaties" means...

European Union Bill 2009: Committee and Remaining Stages (21 Oct 2009)

Dick Roche: I would love to help, but I have to be negative. The Attorney General has advised that the drafting convention, when referring in brackets to a provision inserted or substituted by another enactment, is actually to use the word "inserted". I must say we are in fairly arcane-----

European Union Bill 2009: Committee and Remaining Stages (21 Oct 2009)

Dick Roche: It is because it is actually bracketed, and that is where the term "inserted" is normally used. Apparently, this is a drafting convention. Given some of the debates that we have had about minor changes in wording in the recent referendum, I have become very averse to changing words at all. The advice is very clear that the drafting convention, when referring in brackets to a provision that...

European Union Bill 2009: Committee and Remaining Stages (21 Oct 2009)

Dick Roche: I recognise that the Labour Party has had an issue with this for several years, and that it is not just a recent concern. This matter was debated at great length in 2007 in the amendment which made it permissible that implementing regulations to provide for indictable offences be carried over. The issue was decided by the Oireachtas at that time. There is no substantive change due to this....

European Union Bill 2009: Committee and Remaining Stages (21 Oct 2009)

Dick Roche: I fully appreciate that the Deputy has been making this point for some time. I recognise the generosity with which he has dealt with it. I fully appreciate that this is a concern within the Labour Party. I respect the fact that it has been making this point since 2007.

European Union Bill 2009: Committee and Remaining Stages (21 Oct 2009)

Dick Roche: We have received strong advice to the effect that section 5(4) which clarifies the meaning of "enactment", is essential so that a reference to statutory instruments is provided for. The definition of "enactment" that is set out in the Interpretation Act 2005, rather than a general definition applicable to statutes, is being used for the purposes of this legislation. As we are keen to...

European Union Bill 2009: Committee and Remaining Stages (21 Oct 2009)

Dick Roche: It is important for me to reiterate the point made by the Minister for Foreign Affairs when he touched on this matter this morning. When one reads this fairly arcane legislative reference, it is difficult for one to understand what it means. There continues to be a policy of keeping Common Foreign and Security Policy decisions outside the provisions which are being brought into domestic...

European Union Bill 2009: Committee and Remaining Stages (21 Oct 2009)

Dick Roche: I recognise the point the Deputy has made. I remind him that when I was Minister for the Environment, Heritage and Local Government, I introduced guidelines specifically to assist people encountering the type of issue he has raised.

European Union Bill 2009: Committee and Remaining Stages (21 Oct 2009)

Dick Roche: Deputy Timmins and I represent a constituency that is not unlike Deputy McCormack's constituency. This is because of concerns about the environment. The best stewards of the environment are people who live in the countryside. I have always made the point that the most active supporters of the environment are the farming community in general. I agree completely with the Deputy that a...

European Union Bill 2009: Committee and Remaining Stages (21 Oct 2009)

Dick Roche: I agree with the Deputy that this is very important but I believe the handling of the matter would best be left to the House. It really is a matter for the House but section 7 is very important because it gives very specific powers to the Oireachtas. To refer to the debate we just had, I will give a good illustration of why the House should be flexible in such matters. The Deputy may recall...

European Union Bill 2009: Committee and Remaining Stages (21 Oct 2009)

Dick Roche: The amendments propose the addition of the words "or enactment" after the word "instrument" in four places in the section. My advice is that it is not necessary to apply this provision to primary legislation. When the Deputy drafted his amendments he may have had statutory instruments in mind. Unlike statutory instruments, which may be linked to specific EU directives, primary legislation...

European Union Bill 2009: Committee and Remaining Stages (21 Oct 2009)

Dick Roche: The strong advice is that this is not necessary. Constitutional rights are constitutional rights and legislation cannot trespass on them. They are inviolable and the absence of the additional words would not allow this legislation to trespass on them.