Dick Roche (Wicklow, Fianna Fail)

I thank the Senator for indicating that he will withdraw his amendment in favour of the Government amendment. He has correctly pointed out that this arises from recent legislation. The amendment covers an issue separate from the main Bill. It would amend, not only the European Communities Act, 1972, but also the European Union (Scrutiny) Act, 2002. The Government is happy to take on board the substance of the Labour Party's amendment, but, on the advice of the parliamentary counsel, we have proposed a slightly different wording which the Labour Party accepts.

The European Union (Scrutiny) Act places new arrangements for Oireachtas scrutiny of EU business on a statutory basis and became law in October. The first section defines the categories of proposed measures which must be subject to scrutiny while the fourth and final category defines measures requiring the prior approval of the Houses of the Oireachtas under Article 29.4.6o of the Constitution. I discovered that there are so-called options and discretions under the Amsterdam treaty, including in the area of enhanced co-operation. Since the European Union (Scrutiny) Act became law, the twenty-sixth amendment of the Constitution took effect on 7 November. This was identified by the Labour Party when it tabled the amendment. The House will recall that this amendment, introduced in Article 29.4.8o,required the consent of both Houses of the Oireachtas to be exercised by the State on the options and discretions mentioned in the Nice treaty, in this case exclusively relating to the area of enhanced co-operation.