Paschal Mooney (Fianna Fail)

It is interesting that a technical Bill to correct retrospectively an anomaly in the European Communities Act 1972 should generate such heat. It is another indication of the importance of this House in analysing the minutiae of technical Bills. When the Minister of State's fine speech is stripped away, the core of the debate only takes up a page and a half. However, he was right to explore in detail the evolution of the European Union and Ireland's participation in it since 1972, because it is one of the major issues of our time. Senator Ormonde has often referred to the lack of clarity that allows the eyes of the electorate glaze over whenever we talk about European affairs. That is true, as successive referenda seem to suggest. However, it is right to acknowledge the outstanding work done by the Forum on Europe under the chairmanship of Senator Maurice Hayes. The forum has gone a long way in comparison with our EU neighbours towards clarifying and informing the public about European issues. I also compliment the Minister of State for making a valuable contribution to the forum, as Senator Dardis can testify as a distinguished member of that body.

I am interested in the historical background to this. I am sure Senator Lydon was aware, when he referred to fishermen in Killybegs, that it was two fishermen who originally brought this case to the Supreme Court. They felt that the indictable offences imposed on them for breach of EU law were invalid and the court found in their favour. It raises an interesting question. Who blinked in 1972 and did not realise that the European Communities Act 1972 needed only one extra line? That might have solved the problem that we are addressing 34 years later. I understand that the indictable offences under which the two fishermen related to a 1927 marine Bill, so this may be another reason for the new Bill. There is also reference to statutes from Saorstát Éireann in the Bill. In looking at Bills of this nature, we find little historical nuggets which cover all the bases. It is not often that one sees references to Saorstát Éireann in Irish legislation today.

Are we unique in this respect? Must we bring forward this Bill owing to our particular form of common law and law making in this country? Does it apply across the European Union? Will the Minister of State have to inform our EU neighbours that they might have to take a look at their own domestic law? Their superior courts might find that some of the regulations used by Ministers are legally invalid in their jurisdictions.

We need clarification on the issue of the maximum fine. The core of this Bill is about the indictable offences, apart from the fact that it regularises an anomaly that arose unexpectedly as a result of the Supreme Court judgment of two years ago.

In the wider debate on statutory instruments, directives and information, I feel that this House should be the vehicle through which such regulations and directives should come into the Irish parliamentary system. We are ready, willing and able to do that. This House could be used as a second stage Chamber for directives and other regulations. The Minister could come before the House to explain and clarify regulations and directives to the wider public, which will allow all of us to make a valuable input. This idea is not a reflection on the Committee on European Affairs or the Committee on Foreign Affairs but the Seanad is a primary Chamber of legislation. Much of what we discuss is primary legislation or addendums to primary legislation, as well as giving powers of regulation to Ministers.

The Minister has the power to make regulations following on from European directives. Is it not convention to lay those regulations before both Houses of the Oireachtas? This would afford Members of both Houses the opportunity to debate the regulations once they are on the Order Paper. I join in the concerns and plaudits that have been expressed to the Minister of State. He has eloquently taken the opportunity to maintain the message that membership of the EU has been good for Ireland and continues to be so.