Déirdre de Búrca (Green Party)

I welcome the Minister of State and the opportunity to discuss this motion on a new Council standing committee on internal security, COSI. The shift within the provisions of the Lisbon treaty to a much more genuinely European or Community approach to justice and home affairs, as opposed to the more traditional inter-governmental approach, was supported and welcomed by the Green Party. Under the Lisbon treaty new areas, including short stay visas, residence permits, legal immigration, judicial co-operation in criminal matters, Eurojust, Europol and non-operational police co-operation, are moving from unanimity to a process of co-decision with the European Parliament all of which is positive and must be welcomed. However, there is a danger that in welcoming this move towards a more Community based approach we will become somewhat uncritical of the extent to which, in creating some of these new European structures, the same standards of democratic accountability and scrutiny are not available to us or to citizens of the European Union. As national parliamentarians, whether members of Government or the Opposition, we have a responsibility to monitor these developments, to highlight any concerns we have about them and to try to have them addressed.

I regret only 45 minutes has been provided for the debate on this motion. As the Minister of State is required to open and close the debate, this leaves little time for representatives of all political parties to make statements on this important body, the structure of which will have serious implications for internal security policy within the European Union. I believe 45 minutes is a short time within which we must discuss the establishment and remit of the committee.

Under protocol 21 of the Lisbon treaty, Ireland has discretion to opt-in, in so far as it sees fit, to the communitarian approach to justice and home affairs, which is to be welcomed. We have provided ourselves with much flexibility in this regard. I note the incoming Spanish Presidency has stated it will give priority to the development of internal security strategy which will come within the remit of the new committee. It is important that Ireland is from the outset a member of the new structure when the Spanish Presidency is developing policy in the area of internal security. We are told the main objective of COSI will be to facilitate, promote and strengthen co-ordination of the operational actions between EU member states in the field of internal security, including police and customs co-operation, external border protection and judicial co-operation in criminal matters relevant to operational co-operation in the field of internal security. We are told also that the committee will regularly report on its activities to the Council and shall keep the European and national parliaments informed.

COSI will be responsible for evaluating the general direction and efficiency of operational co-operation and will also have the responsibility of identifying possible shortcomings and adopting recommendations to address them. COSI, with the Political and Security Committee, will be mandated to assist the Council to implement the solidarity clause which provides that the EU shall be able to mobilise all the instruments at its disposal to help a member state that is the object of a terrorist attack or the victim of a natural or man-made disaster, which is an important power. It is important that Ireland, because of its unique position as a neutral state within the European Union, ensures that the implementation of the solidarity clause is worked out in a manner that is acceptable to us and the values which underpin our neutrality.

I have a number of concerns to which I hope the Minister of State can respond. Several interested parties have raised with me the composition of COSI. Will the committee merely be advised by agencies such as security and intelligence agencies like Britain's MI5? In other words, will these bodies be members of the committee or will the committee merely be advised by them? Perhaps the Minister of State will respond to that issue. On the European and national parliaments being kept informed of the proceedings of this committee, will the level of information provided to the parliaments make meaningful scrutiny possible? As far as I am aware no provisions have been set out in terms of scrutiny and accountability. Can the Minister of State assure us that there will be public access to its proceedings and documents? My third concern relates to the concept of internal security. Members will be aware that this concept is much wider than policing, judicial co-operation and immigration. It encompasses all matters relating to the maintenance of law and public order and to civil and military capabilities. Obviously there is concern in regard to the incredibly strong link that will be required between internal security within the EU and external security. Can the Minister of State offer any reassurances with regard to the definition of that concept and the remit of the committee as a result?