Dick Roche (Wicklow, Fianna Fail)

He may be well said. I do not believe it is right to support the impoverishment of rural families nor the downgrading of agricultural and rural life. I do not believe, in terms of infrastructural development, we should rob Peter to pay Paul. I believe there are more appropriate ways of approaching this matter. I made the quotations because this gentleman, who proposes that he is somehow a friend of Irish farmers, wants to end the CAP. Some Senators may agree with that goal but I do not.

It would not be appropriate to devote any more time to these organisations and their hollow arguments or to their dubious rationale. Their myths have been exposed and their yarns are beginning to unravel. I would instead like to turn to the substance of the Bill and outline its specific provisions. The substance of the proposed amendment to Bunreacht na hÉireann is set out in the schedule, containing what, if approved by the people, will be subsections 10° to 15° of Article 29.4 of the Constitution.

The proposed subsection 10° provides that the State may ratify the reform treaty and be a member of the European Union provided for in the treaty. This is straightforward and reflects the language and approach of previous amendments. It should be noted that the reform treaty creates greater clarity by dispensing with the current and somewhat confusing distinction between the European Union and the European Community. Henceforth there will be a single entity, the European Union. I do not understand why some people find the establishment of a single title to represent different bodies sinister. This is simply an act of common sense.

The proposed new subsection 11° of Article 29.4 mirrors the provision that has been in place since our accession to the EU 35 years ago. It will ensure legal compatibility between the reform treaty and the Constitution. It carries forward the concept of constitutional cover for laws, Acts and measures necessitated by the obligations of our EU membership. It is not, as some might suggest, a sinister legal move; it is in accordance with what has existed for 35 years.

This provision has attracted attention from some opponents of the treaty, who have cynically tried to suggest that it is a new departure and will make our Constitution completely subservient to European law. The truth is that this constitutional provision is as old as our membership of the Union. In essence, this provision means that we agree to implement EU law in areas where we have conferred a specific competence on the EU. European law does not have primacy in any area where the EU does not have a specific competence. Indeed, a very important provision of the reform treaty clarifies the respective competences of the Union and the member states and recognises that ultimate sovereignty lies with the member states. Also, in establishing the principle of conferral, it makes it clear the Union has no powers other than those it is given by member states. It also clarifies that powers given to the EU by member states can be taken back.

The wording I have outlined reflects the general principle of international law, recognised since 1937 by Article 29.3 of Bunreacht na hÉireann, that states must comply with international legal obligations freely undertaken by them in the exercise of their sovereignty. Bunreacht na hÉireann will continue to be the basic legal document of the State and Irish sovereignty is fully protected. It is important to make this point because the sovereignty argument has been recycled in every referendum since 1972.

The new subsection 12° provides for the State to avail of certain options and discretions and to agree to certain legal acts under the treaty on foot of the prior approval of both Houses of the Oireachtas. This has been portrayed as somehow sinister by those who wish to distort the facts. The subsection updates the provisions inserted relating to the treaties of Amsterdam and Nice covering those situations where, because the discretion exists to opt into a given action, Irish participation is not deemed to be legally necessitated by the Union. Some of the provisions, relating to the areas of freedom, security and justice, are specific to Ireland while others, relating to enhanced co-operation, are relevant to all 27 member states.

The new subsection 13° makes specific provision for the possibility of withdrawing, in whole or in part, from the opt-out provided for in the Ireland-UK protocol in the area of freedom, security and justice. We discussed the opt-out at length in this House and many Members felt it was not necessary. This gives us the right to withdraw from the opt-out. The subsection provides that prior approval of both Houses of the Oireachtas would be a condition for such a withdrawal. This is an important point because we have written into various subsections that positive confirmation from the Houses of the Oireachtas will be necessary. In other words, things cannot simply happen with the passage of time; the Oireachtas will have to approve them.

This subsection relates to an area that was subject to significant change between the constitutional treaty, signed in 2004, and the reform treaty. This is one of the areas of fundamental difference between the two documents. The amendment of the Ireland-UK protocol, which has existed since 1997, extends our existing opt-out arrangement with regard to visas, asylum, immigration and judicial co-operation in civil matters to judicial co-operation in criminal matters and to police co-operation. Due to the sensitive nature of co-operation in this area, and particularly the fact that Ireland, like the UK, has a distinctive common law system of criminal justice that differs from the legal systems in place in the majority of our EU partners, Ireland decided to avail of an extension of these flexible arrangements.

There were mixed views relating to this and I shared such sentiments but what we have done is prudent because it gives Ireland the right to opt in on a case by case basis with the involvement of the Oireachtas. The protocol means that we will be able to choose, on a case by case basis, in which criminal justice or police co-operation measures we will participate. We have clearly indicated, in a declaration attached to the Intergovernmental Conference's final act, that we will examine how EU policy evolves in this area and review our arrangements within a period of three years.

Ireland has consistently and strongly supported practical EU anti-terrorism measures and concerted action against organised crime and we will continue to do so. For this reason, the declaration annexed to the final act states our clear intention to participate to the maximum extent possible in relevant proposals and particularly in the area of police co-operation. Withdrawal from the opt-out arrangements contained in the protocol would require prior approval of both Houses of the Oireachtas.

Subsection 14° states that prior approval by the Houses of the Oireachtas would be a condition for action on a number of Articles. This includes the use of the general passerelle provision in the treaty, which allows the European Council, where the member states are unanimously agreed, to change the voting method for a particular Article from unanimity to qualified majority voting, or to extend the co-decision procedure between the Council and the European Parliament, in specified areas — excluding defence and military matters — subject to the right of any national parliament to veto such a change.

It should be emphasised that for this to happen every member state in the European Council would have to agree as would the Government of every member state. Such a measure would have to have the support of the majority of members of the European Parliament and, as we will see, it would need the effective support of every parliament in the European Union. Each parliament in the European Union will have the right of veto. Both Houses of the Oireachtas will have the power to exercise a veto. Ireland has added an additional clause that ensures both Houses of the Oireachtas must agree to such measures proceeding.

The use of specific passerelles relating to the common foreign and security policy, judicial co-operation in regard to family law, the environment, the adoption of the multi-annual financial framework, social security and the use of passerelle mechanisms within enhanced co-operation is covered. It also covers certain decisions in the areas of freedom, security and justice, namely, to extend the scope of judicial co-operation in aspects of criminal procedure in specific areas with a cross-border dimension; to extend the scope of measures concerning the definition of criminal offences and sanctions in the areas of particularly serious crime with a cross-border dimension; and to establish a European public prosecutor office for dealing with crimes affecting the Union's financial interests. The cross-Border crimes in question are human trafficking, money-laundering, fraud, drugs and arms dealing, crimes every civilised nation wants to stamp out.

This requirement to seek the positive endorsement of the Houses of the Oireachtas in respect of any of these areas enhances the treaty provisions, which allow for a negative veto by any national parliament in the case of the general passerelle.

The new subsection 15 carries forward the prohibition on Irish participation in any future EU common defence. This was originally inserted in the Constitution by the people in October 2002, as part of the approval of the ratification of the Nice treaty. To avoid any possible doubt about the constitutional prohibition on Irish participation in an EU common defence, this subsection refers to the relevant provision from the Nice and the reform treaties. There is no serious proposal for a common EU defence. In any case, a change in Ireland's position can come about only if the Irish people were to decide so in a referendum.

The Bill allows for a referendum permitting the State to ratify the Lisbon reform treaty. It reaffirms the prohibition on Ireland participating in any common EU defence. It provides for a significant role for the Oireachtas in respect of options and discretion contained in the treaty. It provides uniquely for an extension of powers in the Seanad as it will, as in the case of the Dáil, make a positive affirmation in QMV.

The Bill provides for a vote on Ireland's continued participation at the heart of Europe. Over decades, Irish people have demonstrated repeatedly their commitment to the European project. They have recognised the immense benefits the country has enjoyed as a result and the benefits that have accrued to the wider continent.

Would a country of our size have more control over the major factors influencing the global economy if it were to stand apart from the Union? The best way to shape our external environment, to deal with international crime and to manage the threat of climate change is to work intensively with our EU partners. The Union has provided the space and the framework for Ireland to fulfil its destiny as a proud, independent and successful nation.

One key purpose of the reform treaty is to improve accountability and enhance the democratic legitimacy of the Union. In particular, the increased role for the European Parliament and national parliaments will strengthen the democratic character of EU legislation. The role of the European Parliament will be strengthened in drawing up the Union's budget.

The treaty also provides for a strengthened role for national parliaments with regard to draft legislation. The introduction of the yellow card and orange card procedures can be used to oblige the Commission to reconsider legislation if it is felt to conflict with the principle of subsidiarity. The treaty makes national parliaments the guardians of subsidiarity. National parliaments may bring legal challenges to the European Court of Justice if they believe any legislative act breaches that principle.

The Oireachtas and other national parliaments will have a red card in certain areas, allowing them individually to block the movement of a given article from unanimity to QMV. This process is designed to strengthen the role of national parliaments in the Union without distorting the Union's institutional balance. Some hours ago I discussed this with the Czech Senate's committee on EU affairs and it was discussed last night in an Oireachtas committee. The level of involvement and the powers given to national parliaments by the treaty are a revolutionary move and a significant innovation.

The new citizens' initiative is also a significant innovation. One million citizens from several member states may put forward a petition inviting the Commission to bring forward a proposal.

There is no question of future referenda in Ireland being ruled out by the treaty as suggested by some of its opponents. This was reiterated yesterday by the Referendum Commission. Article 1.56 of the treaty, inserting a new Article 48 into the Treaty on European Union, makes clear any future move to confer additional powers on the EU, to alter the provisions of the treaty or even to amend EU internal policies in a way that does not increase the Union's competence, must be approved in accordance with the constitutional requirements of each member state. In Ireland this means advice will be sought from the Attorney General on each occasion as to whether a referendum is required. The Government will be guided by the advice of the Attorney General in each instance.

Two core issues in Ireland's approach to the reform Treaty and the EU — neutrality and taxation policy — demonstrate the essential safeguards and checks and balances which are an integral aspect of the Union and consistently ignored by the treaty's opponents.

Ireland proposed the provision originally inserted in the Maastricht treaty in 1992 that the policy of the Union in the security and defence sphere shall not prejudice the specific character of the security and defence policy of certain member states. This was an explicit recognition of our tradition of military neutrality. It was also welcomed by Sweden, Finland and Austria when they later joined the EU. This formulation has been maintained since and is repeated in the reform treaty. The recognition of our military neutrality demonstrates the Union respects diversity and accommodates those with differing traditions.

Taxation policy is of long-standing importance to Ireland. We have consistently maintained our principled position of opposition to harmonisation of taxes or any movement away from unanimity in decision-making. We have always pointed out that a competitive corporation tax rate has been a key element of successive Governments' policies. Tax competition is beneficial, not harmful. Others who respect our success are free to emulate us. They are not free to oblige us to increase or harmonise our taxes. No provision in the current treaties or the Lisbon reform treaty gives the power to other member states or the Union's institutions to affect our tax rates. Taxation remains a key national competence. No amount of spinning by the treaty's opponents can change this. I hope the comments by the chairman of the Referendum Commission, Mr. Justice O'Neill, will put this particular canard back in its box until the next referendum, when no doubt it will be resuscitated.

The EU originated with six member states 50 years ago. Its working methods and institutions have proved remarkably durable. Nevertheless, enlargement and the passage of time have highlighted areas for change and reform. This is what the Lisbon reform treaty is about. It is not about deciding exactly what Europe will do in the coming decades. That will be for decision by the member states. Instead, it is about providing a structure for those decisions to be taken. The Union has worked well and has enlarged substantially because it has provided a unique model. It has managed to combine a shared community of values with respect for the rights and prerogatives of member states.

None of Ireland's national interests will be jeopardised by the reform treaty. None of our national interests was jeopardised by joining the Union. We should be confident and forward looking to continue to engage to good effect with our European neighbours by supporting the reform treaty at the referendum.

I commend the Bill to the House.