Seanad debates

Wednesday, 30 April 2008

Twenty-eighth Amendment of the Constitution Bill 2008: Second Stage

 

5:00 pm

Photo of David NorrisDavid Norris (Independent)

I welcome the Minister of State to the House. He is a vigorous and intellectually challenging representative of the Government. I am distressed to say, however, that I have to speak as a bit of a flake, in the words of my good friend and colleague, Senator Ormonde. I face the ghastly prospect of embarrassing the Senator and encouraging Ireland to be perceived as mean. These are terrible alternatives. I enjoyed the Senator's contribution, although I have not always felt the same about interventions by the Government and, indeed, the Minister of State.

One of the reasons I have decided finally to vote "No" to this treaty — this is my first time to do so, although I declared my reservations about the earlier treaties — is because of the supercilious and contemptuous way in which those of us who have a conscientious series of objections to the treaty are treated by the Government and other spokespersons. We are accused of lying and of being flaky and it is claimed that we have never been good Europeans. I do not accept that and it certainly cannot be said of myself.

I know nothing whatsoever about Libertas, having only heard about the organisation recently on foot of an intervention from the Minister of State. It has not persuaded me in the slightest on this issue. However, I am concerned about certain specific issues, principal among them being the undoubted and growing militarisation of the European Union. On that issue there can be no question, despite what the Minister of State might argue.

The language used is supercilious. The Taoiseach made a considerable error of judgment when he described people who opposed the treaty as "loo-las" and stated those who oppose the reform treaty:

[N]ow feel obliged to claim they are strong supporters of the European Union! These Treaty opponents know that outright opposition to the Union would gain them few votes. However, their support for the Union is paper thin and unconvincing.

I have always supported the EU and my support is not paper thin or unconvincing. There are, however, unconvincing elements to the treaty. It would be perfectly legitimate for the people of Ireland to use their democratic vote to reject this treaty. If they did so, they would be going over the heads of the megalocrats that run the EU to speak directly to the heart of Europe, a democratic right which none of its other citizens have been given the opportunity to exercise. That tells us something about the management of this matter. What are the megalocrats afraid of in terms of democracy and why will they not give the people the right to vote? Why are we the only ones to do so?

While I am speaking about evasion and confusion, I wish to address the question of why the referendum is being held. We are told by the Government that it is a constitutional requirement but, according to the court judgments, it is only a constitutional requirement if there is a prospect of a substantial constitutional or legislative changes. On the one hand, we have a referendum caused by this major shift and, on the other, the Government says there is no shift and nothing is happening. Some people have suggested that Europe will come to a shuddering halt if we vote against the treaty but Europe will continue unchanged. What will change it is the passage of this treaty.

In an article published in The Irish Times on 13 March, which the Minister of State may challenge, Patricia McKenna wrote:

Gormley is shortly to re-establish the Referendum Commission after legislation for the Lisbon Treaty referendum has been published by the Government. However, a spokesman for the Minister has confirmed that the original remit of the Referendum Commission — to outline the cases for and against a referendum to the public and to promote debate and discussion on it — would not be restored by the Government.

That requires an explanation. According to the Commission President, José Manuel Barroso, there is no fall-back position. They are arrogantly assuming we are going to bullied into passing this referendum.

Why was the date moved from October to June? Had it something to do with the leaked memo in which we were told that June was chosen over October because of "the risk of unhelpful developments during the French presidency, particularly related to EU defence"? Perhaps Mr. Sarkozy might be inclined to tell the truth but that would be terribly embarrassing and we might be justified in being mean to the megalocrats.

Something else concerns me. We hear a great deal of rubbish about liberal issues, people concerned about abortion and so on but we know one thing. I have a motion on the Order Paper about the exemption from equality legislation of the churches, even in the light of and despite the revelations of the Ferns Report. Decent, upstanding citizens like myself could be fired from a teaching job by the authorities with impunity because of the exemption granted under that legislation.

This came to the notice of the equal opportunities Commissioner, Vladimir Spidla, and he proposed action in the European Court. There was then a little squawk from the Iona Institute and others, unelected and unrepresentative people, and in order to smooth the way so that there would not be any turbulence from the right wing religious element, this has been dropped. Again, we have sacrificed equality and principles to ease through this treaty. Mr. Barosso stated: "There is no intention to bring Ireland to court on that ground. That is not going to happen". It was stated that the Minister of State with responsibility for European Affairs, Deputy Dick Roche, strongly welcomed the news. He stated, "Mr. Barosso's comment are very positive. I look forward to seeing the final adjudication". They are not positive and the Minister of State knows it but I will not call that a lie. I will call it an evasion because we must be polite in this House, but it is a damnable day for equality when this happens.

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