Seanad debates

Wednesday, 26 February 2003

Convention on the Future of Europe: Statements.

 

10:30 am

Proinsias De Rossa:

The only reason I am drawing attention to it is that it has an introduction signed by the leaders of the SDLP and the British and Irish Labour Party groups in the European Parliament, namely, John Hume, Simon Murphy and me. This is a charter of fundamental rights which was prepared by a Convention similar to that which we have on the constitution of Europe. It is set out in simple language that ordinary people can understand and is a model of brevity. It deals with a range of issues from human dignity, right to life, right to integrity of the person, prohibition of slavery, enforced labour, non-discrimination and cultural, religious and linguistic diversity.

Proinsias De Rossa:

The idea is that these simplified rights would be incorporated as an integral part of a new European constitutional treaty and would then apply to any actions taken by the EU or a member state on foot of an action decided by them within the context of the EU. They do not cut across rights in the Irish Constitution in any way. This applies where the Irish Government has agreed to share law-making in certain areas at European level, but not otherwise. It does not, nor could it, affect the Irish constitutional ban on abortion because it is inconceivable that an Irish Government would agree to it.

Proinsias De Rossa:

One of the processes of the EU involves consultation and co-decision with the European Parliament. The Commission is the only body with the right to initiate a proposal, usually on the basis of background discussions with the Council and the Parliament. The proposal will be sent to the Council which can amend it, if necessary, before forwarding it to the Parliament. The Parliament can also amend the proposal and return it to the Council. The Council may agree with some of the proposed amendments and return it to the Parliament, which can then outline further objections and return it to the Council. If the Council does not accept the Parliament's amendments at this point, it is obliged to meet the Parliament and negotiate a compromise on the issues at stake. If agreement cannot be reached, the entire process returns to stage one, without passing go and without collecting €200. There is an incentive for both bodies to reach agreement.

Proinsias De Rossa:

There are problems with the system in that it is not an open process. The negotiations between Parliament and the Council need to be opened up. This is important as it gives the elected representatives of the people a hold over what the Council may or may not do.

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