Terry Leyden (Fianna Fail)

I welcome the Minister of State, Deputy Roche, and compliment him and his officials on their work in providing a comprehensive overview. It is important for the Oireachtas that this be available, as it outlines past, present and future directions. I also compliment the Minister of State and his colleague, the Minister for Foreign Affairs, Deputy Martin, on their negotiation of the protocols, assurances that made all the difference in the second Lisbon treaty referendum.

The Minister of State's contribution was worthwhile. He stated:

When the treaty comes into force, the legally binding guarantees secured by the Government in June on taxation, the protection of the right to life, the family and education and Ireland's traditional policy of military neutrality will also enter into force. The legally binding guarantees are in the form of a Decision of the Heads of State or Government of the 27 member states of the European Union.

The Minister of State's reference to this and its inclusion in the legislation are important.

The Bill clearly indicates that the Upper House has a particular role to play in terms of the Lisbon treaty and the Bill. The recent policies outlined by other parties on the future of the House came as a jolt and, if we are not radical, the House will become redundant. In the light of the Bill and finalisation of the treaty, we have an opportunity to provide the House with a distinguished role in the scrutinising of legislation. We have time to prove how worthwhile the House can be as regards the treaty. Let people judge the outcome of the changes that must be made to accommodate the scrutinising of Bills in the House. The legislation is clear. It does not read "joint committees of this House"; rather, it reads "Houses of Parliament". As there are only two, the Dáil and the Seanad, there is a clear distinction. We must utilise the role we have been given if Deputies and Senators are to give citizens an opportunity to scrutinise legislation and refer it back to them.

I welcome the passing of the Bill through the House. At times the road has been rocky, but I am certain that it will benefit Ireland, its citizens and the European Union. The rationale for the Lisbon treaty, first drafted ten years ago, was to inject and accord increased democratic and political legitimacy to the workings of the Union. The tenets of democracy and legitimacy should not be lost on my fellow Senators, as these objectives have been under some scrutiny of late.

I do not intend to recant the Bill section by section, but I will draw the attention of the House to the cornerstones of the Bill and, by way of an analogy, the treaty that made support for the treaty such an obvious and pragmatic position to take. Before I do so, I wish to digress for reasons I hope my colleagues will consider worthy. I record the gratitude of the House to all those groups, people, organisations and parties which took part in the debate. I refer, in particular, to the Minister, Deputy Martin, and the Minister of State, Deputy Roche, who canvassed in the towns and villages of County Roscommon and made a good impression during the campaign. The overall majority can be attributed to their work.

Like Senator Cummins, I congratulate Mr. Justice Frank Clark, chairman of the Referendum Commission, on his excellent work. He was fair and objective and made a good impression. He appeared on "Morning Ireland" to discuss the agenda for the day. I compliment the national broadcaster, RTE, on providing that facility for him and the commission in order that they could tell the truth.

Never before was there such visible participation by civil society groups. At a time when private citizens could be concerned more about their own plight, be it unemployment, constrained finances and so forth, they stepped up to the plate for their country. This statement should apply to both sides of the debate.

The work of Senator Donohoe and Deputy Dooley, Vice Chairman of the Oireachtas sub-committee appointed to examine the future of Ireland in the European Union, should be acknowledged. The sub-committee's recommendations on the need for the Houses of the Oireachtas to engage fully with the European Union will serve this House well into the future.

The principal theme apparent throughout is Oireachtas oversight, which embodies the important linkage between the European Union and Ireland. This manifests itself in a number of ways. The protocol on the role of national parliaments annexed to the treaty creates the opportunity for increased parliamentary involvement in EU activities. These arrangements apply to both Houses. Section 7 of the Bill cites a number of instances in which our parliamentary structure may interact with the structure of the European Union, affording either House the opportunity to oppose a decision notified to the Houses under Article 48.7 of the treaty within six months of notification. Either House may, not later than eight weeks after the transmission of a draft legislative measure, send to the Presidents of the European Parliament, the European Council and the European Commission a reasoned opinion in accordance with that article if the House concerned passes a resolution authorising it to so do. The House will need greater flexibility in so far as this issue is concerned and should not operate on a party political basis. If a suggestion is made, Senators should be allowed to discuss European legislation and reach a consensus, as opposed to making a decision by way of majority control. If the House was of the view this legislation was not in the best interests of Ireland then it should not be done on the basis of the number of seats on any side of the House but rather on the basis of a majority of the House being of the view that it should be referred back. I make that appeal to the Minister of State and to the Government to give that autonomy and flexibility, freedom and democracy to the House.

The Bill is replete with other examples of where Dublin can interact with Brussels, not least in the area of subsidiarity; where if in the view of this House the principle of subsidiarity is being infringed, a review may be requested of the relevant Minister and the Minister shall arrange for such proceedings to be brought. In the context of Europe we have heard much talk of the democratic deficit or the gap between Ireland as a member state and Europe. This treaty represents an opportunity to address this accusation. The treaty represents a real and constructive role for the Seanad to step into this breach. We will have the opportunity more so than the other House which is involved in day-to-day business. In 2004 the sub-committee on Seanad reform concluded that the Seanad would be a suitable Chamber to scrutinise EU legislation. The findings of the sub-committee stated the Seanad should be given a new role in EU affairs with responsibility for assessing and reviewing EU legislation, in addition to providing Irish MEPs with a domestic forum to discuss EU issues and account for their work.

In February 1930, Sir Winston Churchill, in response to the first shoots of a European project stated, "We have our own dreams and our task. We are with Europe, but not of it." I say Ireland's position is resolutely different; we are with Europe, we are of Europe and we are for Europe. There is a responsibility on this House to allow our MEPs to come here to discuss European legislation with Members of the Oireachtas because they would hear our opinions and views. The citizens, by means of the Members of the Oireachtas, could convey their concerns and worries. I refer to the EU directives on bog-cutting and the removal of eel fishing from this country by means of a 90-year ban which has come about without the proper involvement of Irish citizens. The commitments given by us and by the Government on 2 October is a great moment for the country.

I note in the Minister of State's speech a reference to the external connections with the European Union. It is important that Irish officials should be involved in this regard. The European external action service will have a presence both in Brussels and in third countries. It will include staff seconded from national diplomatic services of the member states as well as officials currently serving in the Commission and the general secretariat of the Council. The Government is examining a renewed strategy for engagement with the European Union with a view to maximising Ireland's influence on European Union laws and policies. This strategy will include support for the employment of Irish personnel in European Union institutions and bodies. This is very worthwhile. Because I served as a Minister with responsibility for trade and marketing and I was delegated with the responsibility for negotiating the Single European Act, I know the strength of our diplomatic involvement in Brussels is second to none. The public is not as aware as those of us who have served in Europe. We know how democratic and fair a system it is. There is no bullying; everything we sought was given. We debated the issue around the table. The Union is larger than when I was there. The proof of the pudding will be in the eating and people will really understand that their decision was worthwhile and will be fulfilled by this Bill and by the Government and by the honesty of the European Union.