Paschal Mooney (Fianna Fail)

I have much sympathy with the argument that is being made. During Second Stage and on previous occasions I have argued that there is a vacuum in the relationship between the Executive and the Oireachtas on European matters. I appreciate that the constitutional treaty was going a long way to tidying up many of these deficiencies and Senator Quinn referred to a strengthened role for national parliaments.

I wondered why there are references to EC and EU. One learns something new every day. I am grateful to officials from the Department of Foreign Affairs for explaining this to me. They have been deservedly acknowledged in the past and their ability to weave their way through EC law is legendary. When one refers to laws, one uses the term European Community. When one refers to external matters, the term is the European Union. Why does this confusion exist? We should not be surprised the public is confused about what is happening in Europe when two descriptions refer to it. The draft European constitution will address this and perform a housekeeping role on matters such as these. The constitutional treaty addresses many abstract issues that cause such confusion. Senator Ormonde has expressed this in her contributions as spokesperson on European affairs in the Seanad and in the Forum for Europe. Why should we be surprised that half the country does not vote on matters regarding Europe?

I will continue to make the point as long as I am a Member that I do not understand why this House is not used in a more efficient manner for European legislation. The Administration should use this House and the expertise contained in it. The Minister of State is the latest in a long line of Ministers who have dutifully acknowledged the expertise in the House. The House has the structure, membership and time required because it is a less adversarial Chamber than the other House. It can debate matters in a non-confrontational manner, as seen earlier on the Genealogy and Heraldry Bill. I hope the momentum encouraging the people to vote for the draft EU constitution might include a sideways glance at the continuing role of this House, placing us in the scheme of European primary legislation on directives. Senator Quinn has advised that issues regarding this Bill are effected through statutory instruments and regulations that are not passed by either House of the Oireachtas. The Executive proposes and the Executive disposes.

I have confidence in the Minister of State and whoever will represent the Government in EU matters. This House could be used as a Second Stage Chamber. Legislation to be transposed into Irish law could be debated by this House. We could identify its flaws. This would not be for our sense of ego or because we are wonderful people to discuss EC law. The general public could then find out about the detail and minutiae of EC law. Thank God for Jimmy Walsh and The Irish Times because I would not like to rely on other national newspapers to be informed of what goes on in this House.

I nail my colours to the mast on this issue. I am not critical nor do I seek to upset the apple cart. I propose an argument that would enhance accountability and transparency of EC law. It would also give an opportunity to the public, who we expect to be knowledgeable about the draft EU constitution, to understand what EC law comprises.