Seanad debates

Wednesday, 7 July 2004

6:00 pm

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)

——but for a small nation, when we put our mind to it and put on the green jersey, we can pull together and do the job. I pay tribute to the role played in achieving the constitutional treaty by Opposition parties. Colleagues such as Deputy John Bruton, Proinsias De Rossa, MEP, and Deputy Gormley assisted me as the Government representative to put together what I believe were very good responses to the challenges which arose during the course of the constitutional convention. A book has been published today in Vienna in which Ireland's contribution is celebrated. A book in circulation at present, The Accidental Constitution, also recognises Ireland's role. It is something of which we can all be proud and it is not to seek or suggest there should be partisan advantage.

It gives me great pleasure to take part in this debate on Ireland's EU Presidency. The sixth Irish Presidency of the European Union will be remembered, as this motion recognises, for the careful preparation, hard work and patient negotiation which led to the eventual agreement on the new European constitution. It will also be remembered for the successful enlargement of the European Union and the special occasion on 1 May when Ireland celebrated the day of welcomes with the new member states. That was a truly remarkable and memorable day. Senator Lydon noted that there is no reference to God in the constitution, but God smiled on Ireland that day. It was a day we will all remember with emotion.

That magic moment could be fairly described as the highlight of the Irish Presidency. The bitterness, divisions, waste, destruction and horrors of the past century were finally put behind us and we looked to the future. We can take real pride, as a small nation on the periphery of Europe, that on that day those events took place in this country during our Presidency.

Members will have received a copy of the report on Ireland's Presidency of the European Union, prepared by the Department of Foreign Affairs. The report states that significant progress was made during our Presidency on all the main priorities we had set ourselves. The motion notes the Lisbon Agenda which remains a priority.

I am delighted that it proved possible, at the special meeting of Heads of State and Government on 29 June to reach agreement on the nomination of the new President of the Commission, José Manuel Durão Barroso, as well as on other senior appointments. That was the icing on the cake in many ways.

I intend to focus in my contribution on the new European constitution. It will be the lasting legacy of Ireland's sixth Presidency. The Presidency brought to a successful conclusion the process that began in Laeken in December 2001. The text of the constitution will be prepared for signature by legal and language experts and it is expected that a signature ceremony will be held in Rome later in the year. Like the Treaty of Rome, the European constitution will serve for many years as the foundation of a Union at the service of its citizens. Once the constitution has been signed, the process of ratification will begin. While it is for every member state to decide how to proceed according to its own constitutional requirements, I welcome the fact that a significant number of states will hold referenda. It is an appropriate way to put before the people of Europe the contents of this remarkable document. I acknowledge that Senator Ryan may not have had the opportunity to read it yet. I am confident that when he reads it, he will be very proud to European. It is a remarkable document which recognises, as the Senator suggested, those things which have made Europe unique.

I look forward to a vigorous and informed debate on the constitutional treaty. The Government will take all appropriate steps to ensure that people are as familiar as possible with the constitution and all it entails. The National Forum on Europe and the Houses of the Oireachtas, including the Joint Committee on European Affairs, will continue to play a full and active role. Laeken set in train the drafting of a constitution for the European Union. To pave the way for the work of the IGC, it proposed that the first draft be produced by a European Convention, bringing together national and European parliamentarians with representatives of the Union's institutions. As the House will be aware, the European Convention did excellent work and it was right that the text it prepared was adopted largely unchanged by the IGC. Laeken identified a number of key challenges, all of which have now been met.

The constitution contains a clearer description than ever before of what the Union is and what it does. The Union's powers and competencies are set out in a straightforward way and its objectives and competencies are clearly linked to its activities in the various policy areas. The key principles underpinning these activities are conferral, subsidiarity and proportionality. These are set out in plain terms. For the first time it is made absolutely clear that the Union only has those powers which the member states have conferred upon it and that it can only act to the extent necessary to secure its objectives. While the document is a large one, I remind the House that the core element, part one of the constitutional treaty, is only 30 pages long and for the first time, is written in plain language, which is an achievement in itself.

National parliaments will play an important new role in ensuring that these principles are fully adhered to. It will be possible for parliaments to challenge proposals brought forward by the Commission on grounds of subsidiarity, obliging it to re-think proposals. Some have sought to downplay the significance of these new arrangements but they are wrong. While the role of the European Parliament is very important, it is simply a fact that many citizens identify most directly with their own national representatives. That those representatives can now act as a watchdog of the Union's legislative process, ensuring that citizens' interests are fully respected, should be welcomed by everyone.

The constitution makes very significant advances in the protection of human rights. The Charter of Fundamental Rights will become an integral part of the Union's basic law. The Union will be legally bound to recognise the rights it contains and citizens will be able to access the courts to vindicate them. Part 2 of the constitutional treaty, which contains the charter, is set out in the clearest possible language. Every citizen and democrat will be very proud to sign up for the charter. In addition, the Union is to accede to the European Convention on Human Rights, ensuring a coherent and consistent approach between the courts in Strasbourg and Luxembourg. I was very pleased that a representative of Amnesty International has welcomed these important new provisions.

The Union will also be better equipped to play an effective role on the international stage. There will be a Union Foreign Minister, drawing together the work of the Commission and the Council and ensuring coherence between them. The Minister will be served by an external action service, including officials from the Council, the Commission and the member states.

These new arrangements will in no way supplant or reduce the responsibilities of member states' Foreign Ministers and their diplomatic services. Rather, they will complement and enhance the work done at member state level. Such a joined-up approach must be welcomed. There would be no point, however, in having a more effective infrastructure if the policies being pursued were not the right ones. This is the reason the clear presentation of the Union's aims and objectives in the conduct of its external actions and relations is so important.

Ireland made a key contribution to shaping the language in this area. In the wider world, the Union is to:

. . . . contribute to peace, security, the sustainable development of the earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and protection of human rights and in particular the rights of the child, as well as to strict observance and to development of international law, including respect for the principles of the United Nations Charter.

I am extraordinarily proud that those words were penned in this city. These aims are totally in harmony with the provisions of our Constitution and our commitment to the ideal of peace and friendly co-operation among nations founded on international justice. I believe all Irish people can identify with and support these aims.

I fully appreciate that for many in Ireland and the House provisions on security and defence policy are of particular sensitivity. It is important that people study what has been agreed with great care. Going into the Intergovernmental Conference, the Government stated it would seek to clarify the parameters and operation of the various proposals made by the convention in this area to ensure they were open, accountable and fully in keeping with our policy of military neutrality. I am very pleased to be able to inform the House that I am fully satisfied that these requirements have been met in full.

It is made explicitly clear that the provisions relating to the possible establishment of a common defence at some point in the future "shall not prejudice the specific character of the security and defence policies of certain Member States". This is a specific reference to this State. Written in existing treaty language, this provision protects the positions of neutral or non-aligned countries and has been carried into the new constitution in full. The Seville declarations remain fully in place and the Government will ensure their substance is fully protected in the drafting of any new amendment to the constitution.

The provisions relating to structured co-operation, about which some people have been concerned, were substantially amended by the Intergovernmental Conference. It is made clear that, rather than creating a defence inner core or avant garde, these arrangements are open to all member states that wish to participate. Appropriate accountability has been ensured.

The focus has been shifted from undertaking operations to developing capabilities by member states so as to be able to participate in the Union's peacekeeping and conflict prevention activities. Arrangements for structured co-operation are set out in a protocol attached to the constitution. It is explicitly stated that it "does not prejudice the specific character of the security and defence policies of Member States", and that the Union's activities are to be "in accordance with the Charter of the United Nations". To any fair-minded person, these are significant advances.

The Government does not need to decide at this time whether it would be appropriate for Ireland to participate. However, if we are to have an honest and informed debate about the European constitution, we must guard against any distortion or wilful misrepresentation of what is involved. The constitution does not alter in any significant way the balance of competence between the member states and the Union. There are, however, some important over-arching new provisions which have the potential to have a positive impact.

Ireland was a strong supporter of the inclusion of a new social article which requires the Union, in defining and implementing all of its policies and actions, to take into account requirements linked to a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health. This provision has been widely welcomed. Today, while on my way to the House, I received an e-mail from the European Anti-Poverty Network specifically complimenting the Irish Presidency and welcoming the inclusion of this article in the constitutional treaty.

We would have liked to be able to do more about the EURATOM Treaty. Ireland, with Germany and Austria, signed a declaration calling for a review conference to examine the treaty's provisions which are outdated and inappropriate. Any change required unanimous support in the IGC, however, and this was not forthcoming. Nonetheless, I welcome that, for the first time, the constitution provides the Union with a competence to promote energy efficiency and saving and the development of new and renewable forms of energy.

Some people have expressed particular concern about and interest in the Common Commercial Policy. Ireland and a number of other member states were concerned to ensure that international trade agreements in the very sensitive areas of health, education and social services would not undermine national systems. I am very pleased the Intergovernmental Conference agreed that unanimity will be required where agreements in these areas risk seriously disturbing the national organisation of such services and prejudicing the responsibility of member states to deliver them. Senator Ryan who touched on this issue will note that I attended the congress of the European Federation of Public Service Unions in Stockholm two weeks ago, at which the wording the Irish Presidency imported into the text in this area was welcomed. As a former public servant and public service union representative, I also welcome it.

Going into the negotiations last autumn, we stated that our key national concerns were retaining unanimity for decision making on taxation; ensuring our distinctive legal tradition was fully protected in the new arrangements in the area of justice and home affairs; protecting our neutrality in defence matters; and ensuring a balanced outcome on the institutions, including equality in the Commission. Working with member states that shared our concerns, we secured a positive outcome for Ireland in all these areas. I take an extraordinary degree of personal pride in this achievement. Although work on the negotiations in this area was long and hard, it was also fruitful and worthwhile.

We also managed to reach agreement on a balanced set of arrangements for the Union's institutions which protect the interests of the Union and all member states, large and small. This was, perhaps, the most difficult aspect of the negotiations. With regard to voting, we secured a compromise with which everyone could live. On the Commission, each member state will be represented in two of every three Commissions from 2014 onwards and all member states will be treated on the basis of strict equality. It will also be open to the European Council, acting unanimously, to set a different size if it so wishes. This is one of the aspects many member states sought to include in the constitution. Let us see how a Commission of 25 members works. It has been consistently asserted that a large Commission would not work and a small Commission was necessary for efficiency. We will have an opportunity to test both hypotheses in 2014.

As regards seats in the European Parliament, we reached agreement on a minimum threshold of six MEPs per member state, a point of particular concern for the smallest states. This decision was just and equitable and indicated generosity on the part of some of the larger member states.

As I have stated, I look forward to the debate ahead. We have a document to present to the people which is good for the European Union and Ireland. We can be genuinely proud of the role we, as a small nation, played in bringing it about.

I will make a brief comment about the external relations agenda. The challenges of the Presidency were particularly evident in this area. During this time, the Taoiseach chaired five summits with Canada, Russia, Latin America and the Caribbean, Japan and the United States. In addition to chairing the monthly meetings of the General Affairs and External Relations Council, the Minister for Foreign Affairs, Deputy Cowen, hosted an informal meeting of EU Foreign Ministers in Tullamore in April, as well as two large foreign ministerial meetings in Ireland with ASEM and EuroMed, the Asian and Mediterranean countries respectively. He conducted in excess of 50 ministerial meetings. As a nation, we can take great pride in the work done by the Minister, who is not present. I had the opportunity and privilege to witness at first hand his extraordinary dedication and the extraordinary amount of work and effort he undertook. Mr. Cowen played a pivotal role in the effort to reactivate interest in the negotiations on the Middle East peace process based on the Quartet roadmap. Although he does not look for personal aggrandisement, he is entitled to the nation's gratitude for his achievements as he has served it and the European Union extraordinarily well.

In guiding the EU's foreign policy agenda, we focused on the key foreign policy priorities which we set out in the Presidency programme. These included promoting democratic values and human rights, advancing support for an effective multilateral system based on the primacy of the UN, supporting the Middle East peace process through the Quartet and developing a strategic partnership with the wider Middle East and Mediterranean region, strengthening the EU's relationships with its key partners, not least the US, China and Russia and working with African partners to address the enormous development and security challenges facing the Continent. Development issues, including the fight against HIV-AIDS, were given the highest priority. I commend the Minister of State at the Department of Foreign Affairs, Deputy Kitt, for his work in this area which is often overlooked. These priorities, while common to all countries of the EU, reflect the traditional principles of Ireland's approach to foreign policy.

A Presidency must also be able to respond swiftly and effectively to unforeseen events. We worked hard to develop a co-ordinated EU approach to combating terrorism, following the appalling terrorist attacks in Madrid on 11 March. The June European Council took note of the significant progress made, including the adoption of a declaration on combating terrorism and the appointment of an EU counter terrorism co-ordinator, Mr. Gijs de Vries, at the March European Council.

Ireland's Presidency came at a time of immense change and transition for the European Union. Aware of this, we set out to address ambitious goals in a realistic way. We were determined to run an efficient, fair and transparent Presidency and we can fairly say that we achieved all our main objectives. The task now for all of us, as the EU moves forward, is to ensure that our citizens are kept fully engaged and informed and to build on the good will which our Presidency has generated among our partners to ensure that we retain a strong voice in Europe in pursuit of our values and in promoting the concerns of our citizens.

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