Seanad debates

Wednesday, 1 October 2008

European Judicial Network in Civil and Commercial Matters: Motion

 

11:00 am

Photo of Alex WhiteAlex White (Labour)

Like my colleagues I have no difficulty with the substance of the proposal but I am reflecting on what Senator Regan said. Whereas I share his frustration in respect of this matter being tabled while such a range of other matters are not, I would come to a different conclusion. As we reflect on some of the issues that are still live in respect of what was contained in the proposed Lisbon treaty which was rejected by the Irish people, the extent to which parliaments, including this one, should be involved in a much closer way in scrutinising EU legislation is a matter on which there was not enough debate in the course of that referendum debate.

We cannot afford to take the view, and Senator Regan did not suggest this, that we would prefer that the Government would err on the side of not bringing matters before the Oireachtas. I would prefer if the Government were to err on the side of bringing matters before the Oireachtas. It is then a matter for this House and the other to decide on the extent of priority it wishes to give to discussion and so on. I would prefer if we were to enhance the level of debate on all these measures, even those that are not especially controversial. We can decide ourselves when the measures come to the House whether they are controversial, but they should be brought before the House. That is the spirit in which we will have to look at in the future in the European institutions, if we have a future, and in the context of the importance of enhancing the role of national parliaments. In that context, I welcome the content of the motion and also the fact that it has been brought before the House in order that we can consider it, however briefly.

In regard to content, as others have said, the motion is not controversial. Anything it contains appears to be positive. It expands and deepens the network and makes more information available about it, including the range of bodies which would be a party to it, such as the legal profession and so on. That makes sense.

On the question of the particular opt-in, it is striking that the Minister of State in his contribution pointed out that part of the context for dealing with this issue and the Government taking the view that we ought to opt in is that the UK has decided to do so. That appears repeatedly to be the rationale for our approach to judicial matters. I appreciate it is also a common law jurisdiction. We seem to be incapable of extricating ourselves from any decisions the UK might take in this area. It is a pity in the context of where we are in Europe, with our own institutions and our own system of law and how that has evolved and will continue to evolve, that anyone who reads the Minister of State's speech would almost be tempted to ask why we are adopting the measure. When one reads through the paragraphs one finds that the UK has already given notice of its intention to participate in the adoption of the measure. That is unfortunate.

On the question of these matters coming to the Oireachtas, one issue on which there will have to be considerable improvement is the extent of the information available to Members prior to such debates. I do not make any particular issue about this measure because it is relatively straightforward and can be considered in a short period. When these matters are tabled, supportive information must be extended to Members in this and the other House in advance of the debates to allow them to consider the issues and make an intelligent and meaningful contribution to the debate. If we are to have any hope of participating properly in a yellow card system in the future or discussing the more serious issues that are likely to come to national parliaments in the event of an element of Lisbon being agreed, we need to gear up our level of information and expertise on many of these matters.

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