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

Joe Costello: It is repetition of the language that was in the original Act.

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

Joe Costello: I am guided by the Minister of State again.

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

Joe Costello: I oppose this section. We had some reference to this already on Second Stage. The section refers to the European Communities Act 2007 and to the additional authority that was granted under that Act to allow the line Minister to specify indictable offences and to incorporate them into secondary legislation through statutory instruments. This is an inordinately wide ranging power that has...

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

Joe Costello: I will not press it to a vote. I reiterate the Labour Party's continued opposition to this aspect of the European Communities Act 2007, which is mentioned in this section. I accept that no change in this respect is proposed in the Bill before the House. As the Oireachtas implements the provisions of the Lisbon treaty, this issue will have to be addressed. We will have to consider whether...

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

Joe Costello: I move amendment No. 5: In page 5, lines 1 and 2, to delete subsection (4). It seems to me that section 5(4) is superfluous.

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

Joe Costello: I accept the Minister of State's explanation.

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

Joe Costello: I move amendment No. 6: In page 5, line 9, to delete "Article 28 or 29" and substitute "Title V". The Bill provides for the scrutiny of those Common Foreign and Security Policy decisions covered by Articles 28 and 29 of the Treaty on European Union. I suggest that this section should be broadened to include a reference to any Common Foreign and Security Policy decision under the entire title...

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

Joe Costello: I will not press the amendment.

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

Joe Costello: The section deals with updating the definition of "measures". It largely involves a terminological change. Deputy McCormack's point is valid in the broader context of the section dealing with scrutiny and the need to update the legislative powers of scrutiny. The Lisbon treaty gives extra powers to the Oireachtas to consult the Commission in devising policy, in addition to the watchdog...

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

Joe Costello: I move amendment No. 7: In page 6, subsection (4), line 1, after "shall" to insert "by resolution direct the Clerk of the House to". This is a minor matter related to the manner in which we conduct our business. There is no specific mechanism for the House to notify the Minister in writing. The only action either House can take is to act by resolution. Therefore, I suggest the Bill should...

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

Joe Costello: As the Minister of State said, this is an important section. I welcome it and the fact that he and his staff have included it in the body of the legislation. Its inclusion reflects the enhanced role of the Oireachtas. It will be a matter for the Oireachtas to tease out the mechanisms required for the implementation of its new role with regard to subsidiarity and other powers granted by...

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

Joe Costello: I move amendment No. 8: In page 6, subsection (1), line 7, after "instrument" to insert "or enactment".

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

Joe Costello: It was statutory instruments, which were given effect by the Act, to which I referred. My suggestion was that it be extended to cases where primary legislation would give effect to an EU instrument. I accept what the Minister of State has to say.

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

Joe Costello: I move amendment No. 12: In page 6, subsection (2), line 27, after "act" to insert the following: "but subject to the constitutional rights of any person affected,". This amendment would insert a retrospective reference which would ensure that the constitutional rights of the person referred to would be protected.

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

Joe Costello: I move amendment No. 14: In page 7, subsection (2), line 7, to delete "Communities" and substitute "Union". The final summation in this section is that "The European Communities Acts 1972 to 2007 and this Act may be cited together as the European Communities Acts 1972 to 2009.". When the Lisbon treaty is passed we will no longer have European Communities Acts but European Union Acts....

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

Joe Costello: Does the Minister of State accept the need for the amendment while saying he will not make it at present?

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

Joe Costello: Subsection 9(3) states that the Act shall come into operation on such day or days as the Minister may appoint. How does the Minister of State envisage that happening? Are these words designed to accommodate the question mark which remains around the ratification of the Lisbon treaty by all member states? Will the Act come into operation immediately upon ratification by all members or will...

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

Joe Costello: The wording of the subsection is very general. It does not day the Minister will bring the Act into operation immediately the opportunity arises. He may do so at some distant future date. The Lisbon treaty could be in place for some time before the Minister decides it is appropriate to go ahead with it, perhaps because of the extra activities it will require from the Oireachtas. Is the...

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

Joe Costello: I thank the Minister of State, Deputy Roche, and the Minister, Deputy Martin, for the manner in which they have presented the legislation, and for the entire debate and the precursor of it, the Lisbon treaty and the campaign that took place to ratify that. I thank also the officials on the good work done behind the scenes. Sometimes we forget all of that hard slog. A significant amount of...

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

Joe Costello: When I spoke earlier, I made the point that the entire package of proposals which make up the instrument of ratification is a unique Irish blend. It contains substantial treaty issues, guarantees, assurances, a solemn declaration and a national declaration by Ireland. When a Commissioner for each member state is added to the mix, it becomes something of an Irish stew. No other country has...

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