Ms Harkin, MEP:

I was speaking before the break about the issue of the new constitution for Europe having primacy over the Irish Constitution. I have already made the point that when we give authority or competence to the EU, or where we have given it, EU law has primacy. However, where we have not given authority to the EU to make laws, then Irish law has primacy. This is how it has been since we joined the EU. This new constitution will not change that situation.

Ms Harkin, MEP:

Some people might ask whether we really need a constitution. We have all the treaties, the EU is working well, so why do we need a constitution? In a sense, "If it ain't broke, why do we need to fix it"? This is a legitimate point of view but there is a very cogent counter argument to it. This was expressed by the European Parliament when it voted by a significant majority to accept a report on the new constitution which reads as follows:

Ms Harkin, MEP:

The European Parliament states that Europe must not rest on its laurels. It must deal with the new challenges facing it at the start of the 21st century, that is, the Union's role in international politics, globalisation, enlargement, the euro, internal and external security of our continent, terrorism, migratory flows, education, technological progress, racism, xenophobia or social exclusion.

Ms Harkin, MEP:

In other words, the European Parliament is saying, and I agree with it, that we need this new constitution to cope with the new challenges facing Europe.

Ms Harkin, MEP:

One of the most important reasons for this new constitution is that it defines clearly the actions the EU can take. It also lays down the values and principles which guide those actions. This is what a constitution should do, namely, lay down the conditions governing and the limits to the exercise of power in the context of a political entity while at the same time safeguarding citizens' rights.

Ms Harkin, MEP:

Many specific issues have been discussed here today and more will be discussed this afternoon. I would like to refer briefly to two issues. Many will argue that endowing the Union with a constitution is a first step, or even a further step, towards the creation of a centralised European super state. However, I would argue precisely the opposite. First, a formal constitution offers member states and their citizens formal and legislative safeguards against Community action going too far. Second, if we ratify the constitution for Europe, then, for the first time ever, there will be an exit strategy for any country that wishes to leave the Union. This new constitution introduces the possibility of voluntary withdrawal from the EU. If a member state so wishes, it can negotiate agreements for its withdrawal and outline the relationship between the member state and the EU. Therefore, those who say that we will be locked into this mythical super state are simply not telling the truth. If at any time Dáil Éireann decides that we wish to withdraw from the Union, that option will be available.