Ms Harkin, MEP:

I am very pleased to have the opportunity to speak to Seanad Éireann. I have spoken on a number of occasions in the Lower House but I am particularly pleased to have the opportunity to speak in the Upper House. I thank the Leader of the Seanad, Senator O'Rourke, for giving this time to debate the proposed European constitution because over the next six to 12 months — whatever length of time we have — there will be many discussions, debates and seminars on the constitution. I believe this is critical because it is part of the process of informing people about the constitution and how it will affect them.

Ms Harkin, MEP:

In this context, I will repeat what I said in the European Parliament and elsewhere. A copy of the constitution should be sent to every household. I accept that it is a large document and that making copies of it will be expensive, but making it available to all is a worthwhile exercise. Not everyone will read it; some people will dip in and out of it. They might read a section in which they have an interest or because their interest has been piqued by a debate on television or an argument in the pub. They will check to see if what they have been told about the constitution is true or false.

Ms Harkin, MEP:

Sending a copy of the constitution to every household makes a statement to citizens that it is of sufficient importance for the Government to spend money on it so that people can be informed. There are other documents that inform people, such as the publication on the draft constitution, prepared by the European Convention, entitled Presentation to Citizens, A Constitution for Europe. Another example is the document entitled A Summary of the European Constitution. These are very worthwhile and useful but the text of the constitution should still be made available to every household.

Ms Harkin, MEP:

It might also be useful to include an insert that explains Article 29.4.10° of the Irish Constitution in all documentation sent to citizens. This article sets out clearly the relationship between our Constitution and all European legislation and the proposed European constitution. It is worthwhile quoting Article 29.4.10°:

Ms Harkin, MEP:

No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State which are necessitated by the obligations of membership of the European Union or of the Communities, or prevents laws enacted, acts done or measures adopted by the European Union or by the Communities or by institutions thereof, or by bodies competent under the Treaties establishing the Communities, from having the force of law in the State.

Ms Harkin, MEP:

In other words, European legislation, where it has been agreed by all member states, has primacy and becomes our legislation, indeed it is already our legislation. Our Constitution already states that because we agreed to it in a referendum.

Ms Harkin, MEP:

There are many people who suggest that this new constitution will somehow change things, that it will now have primacy over our Constitution. However, that is already the case but only where we have given that competence and authority to the EU. As Senator Dardis said earlier, the status quo remains. I must confess to being particularly anxious about this point. I have spoken with many people recently and they are of the opinion that if we ratify this new constitution, it will mean a whole new scenario where our Constitution is redundant. This is simply untrue yet the message is being pumped out again and again by those who oppose the constitution.