Pearse Doherty (Sinn Fein)

Ní bheidh orm mo chuid ama uilig a ghlacadh. Ba mhaith liom buíochas a ghabháil leis an Rialtas, a chur na ráitis seo ar an gclár inniu. Is deas an rud é deis a bheith agam mo chuid tuaraimí a nochtú sa Seanad ar an gcairt seo, atá mar pháirt de chonradh Liospóin.

I am glad to address the Charter of Fundamental Rights that is attached to the Lisbon treaty. I have been listening to the debate in my office and in the Chamber and that type of name-calling makes me angry. Perhaps it is not done intentionally. Talking about people being crazy is the wrong way to behave in the Upper House of the Irish Parliament. People have a right to argue their viewpoint, whatever view they come from, that the Lisbon treaty is a bad deal and that we should send our negotiators back to get a better deal for Ireland and Europe. They have the right to do this and those who are calling them names outside the House and in the media should realise that their own party supporters, who have traditionally voted for that party, are some of those who share the view of Sinn Féin on the "No" side. It is wrong. If we want to engage in a proper debate on the Lisbon treaty, let us talk about the facts. I have listened to some of the nice things about the Charter of Fundamental Rights but some of the facts have not come through and it is to this subject that I want to address my comments.

Sinn Féin strongly supports any measures that enhance the protection and promotion of human rights and equality at home, in the EU and in the wider world. However, the idea that the Charter of Fundamental Rights is somehow a major step forward in human rights is an illusion. Even its advocates acknowledge that it is little more than a restatement of existing human rights law. In its analysis of the charter the Institute for European Affairs argues that it "does not create any new rights" and that the social and economic rights in the charter "do not give rise to direct claims for positive action".

What is missing from the previous speaker's contribution is that the charter is already part of the jurisprudence of the European Union and is regularly cited by the European Court of Justice in making its determinations on cases where the charter has relevance. Including the charter in the Lisbon treaty will not add to this fact in any way or give additional rights. The cases to which the Senator refers, of people approaching the European Court of Justice, are already part of the jurisprudence of the EU.

Some advocates of the treaty, such as Senator de Burca, have gone as far as suggesting that the inclusion of the charter in the treaty will prevent future ECJ decisions such as the controversial Laval judgement. Nothing could be further from the truth. In making its determination in the Laval case, the ECJ explicitly recognised the right to collective bargaining in the charter. However this did not prevent the ECJ from deciding that it was legal for the Latvian company to undercut the agreed wages to the Swedish workers in question. Again, contrary to claims by advocates of the Lisbon treaty, there are no rights contained in the text that are not already provided for by either the Irish Constitution or the European Convention of Human Rights.

Most importantly, the application of the charter is subject to national laws and customs and the objectives and values of the European Union. This point is important as it means that access to the rights contained in the charter is reliant on the existence of relevant member state legislation. The decision by SIPTU to withhold support for the Lisbon treaty until the Government commits to providing new domestic legislation securing and strengthening the right to collective bargaining is a clear demonstration that the charter does not provide any new protection in the field of workers rights, specifically with regard to the right of collective bargaining. Contrary to the claims made by some trade unionists and politicians, SIPTU, UNITE and the TEEU are clear in their understanding of the limitations of the charter and are demanding greater domestic protection, without which the charter would be worthless.

Sinn Féin has a strong record in advocating and supporting human rights, at home and in the European Parliament. Sinn Féin is not opposed to the Charter of Fundamental Rights but would have preferred a much stronger and clearer instrument. However the suggestion that the charter represents some great advance in rights protections at an EU level is false. It is more likely that the inclusion of the charter in the Lisbon treaty is a cynical exercise aimed at assisting some politicians and trade unionists sell what is in all other respects a bad deal for Ireland.

The Lisbon treaty can and must be renegotiated in order to get a better deal. The first step is to vote "No" on 12 June and give the Government the strongest possible mandate to enter any new negotiations.