Seanad debates
Thursday, 1 May 2008
Twenty-eighth Amendment of the Constitution Bill 2008: Committee Stage.
2:00 pm
Alex White (Labour)
Tairgim leasú a 1:
I gCuid 1, leathanach 7, idir línte 7 agus 8, an méid seo a leanas a chur isteach:
"11° Amhail ar theacht i bhfeidhm agus ó theacht i bhfeidhm an Chonartha dá dtagraítear i bhfo-alt 10°, is feidhm de chuid Thithe an Oireachtais é na feidhmeanna a thugtar do Pharlaimintí Náisiúnta leis an gConradh sin a chomhall thar ceann an Stáit, de réir Theideal II ("Forálacha maidir leis na Prionsabail Dhaonlathacha") den Chonradh ar an Aontas Eorpach arna chur isteach le hAirteagal 1.12 den Chonradh dá dtagraítear bhfo-alt 10°.",
agus
I gCuid 2, leathanach 9, idir línte 20 agus 21, an méid seo a leanas a chur isteach:
"11° Upon and from the entry into force of the Treaty referred to in subsection 100, it shall be a function of the Houses of the Oireachtas to carry out for the State the functions conferred on National Parliaments by that Treaty, in accordance with Title II ("Provisions on Democratic Principles") of the Treaty on the European Union inserted by Article 1.12 of the Treaty referred to in subsection 10°.".
I move amendment No. 1:
In Part 1, page 6, between lines 7 and 8 to insert the following:
"11° Amhail ar theacht i bhfeidhm agus ó theacht i bhfeidhm an Chonartha dá dtagraítear i bhfo-alt 10°, is feidhm de chuid Thithe an Oireachtais é na feidhmeanna a thugtar do Pharlaimintí Náisiúnta leis an gConradh sin a chomhall thar ceann an Stáit, de réir Theideal II ("Forálacha maidir leis na Prionsabail Dhaonlathacha") den Chonradh ar an Aontas Eorpach arna chur isteach le hAirteagal 1.12 den Chonradh dá dtagraítear bhfo-alt 10°.",
and
In Part 2, page 8, between lines 20 and 21, to insert the following:
"11° Upon and from the entry into force of the Treaty referred to in subsection 100, it shall be a function of the Houses of the Oireachtas to carry out for the State the functions conferred on National Parliaments by that Treaty, in accordance with Title II ("Provisions on Democratic Principles") of the Treaty on the European Union inserted by Article 1.12 of the Treaty referred to in subsection 10°.".
The question of the democratic deficit in the European Union and across the institutions and the need to foster democratisation in the Union is one of the issues that was addressed in the discussions in respect of the EU constitution and when the matter was revisited in the context of the Lisbon reform treaty. There are a number of provisions in the Lisbon treaty which genuinely address that question and what has come to be called the democratic deficit. There are the question of the citizens' initiative, more powers being given to the European Parliament, the question of co-decision and the manner in which the Commission is to be made up.
One of the most important if not the most important aspect of what is being proposed in the reform treaty is the enhancement of powers of national parliaments and the new role they are to be afforded in the new dispensation. Already the majority of legislation that passes through these Houses comes from European Union directives. European legislation comes to these Houses and feeds its way into the law of the land.
In the context of the proposed change it will be vital for us to review the procedures in the Houses of the Oireachtas for debate on and consideration of European directives before they are implemented and transposed into law. It is an area in which we are somewhat wanting in the sense that it might be said to some extent of the changes proposed that we should be careful about what we wish for because we are seeking a real level of scrutiny for European legislation in the Houses. However, if and when we get that we need to be prepared to ensure that our mechanisms and procedures really do engage in the sort of scrutiny that is contemplated and essential in respect of EU laws being implemented in this jurisdiction. That may be an issue for another day.
The purpose of this amendment is to specify in the Constitution what we mean by endorsing this additional role for national Parliament. We should point to the centrality of the Oireachtas as our national Parliament. That is the thinking behind my amendment. This matter was discussed in the other House. I hope the Minister of State will consider that the role of the Oireachtas, our national Parliament, is sufficiently important to be specified separately in the constitutional amendment. I commend the amendment to the House and I look forward to the Minister of State's reply.
No comments