John Gerard Hanafin (Fianna Fail)

If we ever needed proof of the true nature of the Lisbon treaty we got it this week when one country, Lithuania, was able to prevent a treaty with Russia from going ahead. That situation would remain the case after the Lisbon treaty is ratified. There is no doubt in my mind that it would be in the best interests of Europe for both the EU and Russia — both members of the European family — to have an economic treaty. Russia has a population of 140 million with vast reserves of oil and timber. It is said that in Siberia the rivers are so full of salmon they use bulldozers to catch them. We are talking about a population that has enjoyed growing wealth and wonderful opportunities on its own doorstep. It is a country of 17 million sq. km. with vast resources and capabilities, yet one small country can hold up all of the EU concerning an obviously necessary treaty. That situation will not change following ratification of the Lisbon treaty. If we were doing anything insidious in the treaty, would that not be the one item we would change?

Shadows have consistently been thrown at the treaty which have no bearing in reality. When a light is shone on the truth of the questions, however, all one gets is another question. It is our duty to ensure this practical treaty goes through. I have a specific interest in it as I am involved in an anti-drugs group. Fortunately, the Criminal Assets Bureau has sequestered on behalf of the State moneys from criminals involved in the illegal drugs trade. That has been to the benefit of Ireland because it hurts them most when their money is taken away. If the CAB went to the so-called costa del crime to assess Irish criminals' assets there, however, the CAB officials would be arrested, not the criminals. In today's society, we need enhanced co-operation to combat the type of criminals involved in such illegal activities. I would welcome such enhanced co-operation.

We were told the treaty would create an EU superstate with centralised powers, but there are no new structures in the Lisbon treaty. We were told the treaty would transfer many powers from member states to Brussels, but the only major change is in the areas of freedom, justice and security. That will enable the EU to deal effectively with international crimes such as drug running and human trafficking. These are all problems we face here in Ireland.

The question of a loss of sovereignty has been raised. In 1973 when we entered Europe, Ireland conducted 60% of its trade with a single state and there was emigration. Only ten years before that, the Barrington report had spoken of the demographic anomaly in Ireland whereby the population contained a huge number of old and young people while a vast number of the people in between had left the country. There was also a tendency not to get married. What type of true independence does a country have when such a situation prevails? Since we joined the EU we have experienced a flowering of our national culture and economy. This has given young people hope and confidence for the future.

The treaty deals only with what it is intended to deal with. It does not, for example, deal with fluoridation of water, if that is a big issue for the voter. That is not what it is intended to do. The treaty is intended to make the working and operation of the European institutions more manageable in a situation where there are 27 member states. In reality, we are ensuring there is more accountability within Europe. The treaty will introduce the concept of a yellow card and an orange card, with the cards held by the national parliaments. If a national parliament considers that an issue from Europe breaches the subsidiarity principle, it can refer the matter back to Europe. If a sufficient number of parliaments agree this is correct, the issue can be removed altogether.

The operation of the European Council will be given greater coherence and continuity by the appointment of a president of the Council of Ministers. A high representative will be appointed for five years, will be a member of the Commission and will report to the ambassadors of the member states. There is also the issue of whether the Lisbon treaty is a power grab by the larger member states. The treaty introduces a double majority requirement — a minimum of 55% of the member states, representing at least 65% of the population.

One of the most serious shadows that is put forward is the suggestion that the treaty will be self-amending. This relates primarily to Articles 33 and 308 of the treaty. Article 33 provides for an ordinary treaty revision procedure and a simplified procedure. Under the ordinary procedure any member state, the European Parliament or the Commission may make a proposal for one or more treaty amendments which could increase or reduce a competence conferred on the Union by the member states. National parliaments must be notified. The simplified procedure applies only to the TFEU, that this, the internal policies and actions of the Union. In the first case, the governments can decide on treaty amendments by common accord. Their decisions must be subsequently ratified by each member state in accordance with its constitutional requirements.

There is also the issue of the militarisation of the EU. With all previous treaties, this issue was put forward each time. Each treaty was alleged to be the one that would bring Ireland into the European superstate and the European army. That and similar arguments relate to the common foreign and security policy and the security and defence policy, both of which were provided for in previous treaties which Ireland ratified by referendum. The sky did not fall. There are situations where European states are required to act as one. Consider what happened in this millennium, the genocide in former Yugoslavia. Genocide is something we thought could never happen again. The European Union was not in a position at that time to deal effectively with it. I believe it should have been. The proposal that this treaty is a movement towards the creation of a European army does not stand up to scrutiny. The Irish triple lock system still remains in place.

The main fear, however, is that the treaty will lead to the harmonisation of corporate tax rules and rates. The European Commission for some time, without success, has been floating the idea of a common consolidated corporate tax base, similar to the system in place for VAT. It has never achieved majority support among the member states and it is not included in the Commission's 2009 work programme. There is no proposal to harmonise actual tax rates. Even if this proposal were made at a future date, it could not be approved except by unanimous vote in the Council. It is on this issue that people who oppose the treaty have suggested there is a fundamental change. They suggest that, at some stage, there is a possibility that an Irish Taoiseach will act against the best interests of the nation and vote for harmonisation of tax rates in conjunction with all the other Council members. That is not just improbable but simply will not happen. Irish tax rates are seen by other states as an example of a positive social economy with low tax.

The other positive aspect of the treaty is the Charter of Fundamental Rights. European nations fought against each other for many years. Nationalism was rampant throughout the Continent. Now, for the first time, we have an opportunity to show the rest of the world what is possible. When Pat Cox visited the Seanad he spoke about Europe being something of the light. There is no doubt this treaty is a continuation of something of the light. That is what the "No" campaign and the naysayers fear most because it shows their shadows are no more than that.