Caít Keane (Fine Gael) | Oireachtas source

Cuirim fíor fáilte roimh Marian Harkin go Seanad Éireann inniu agus thaitin an méid a bhí le rá aici go mór liom. I welcome Ms Harkin wholeheartedly to the Seanad. She was music to the ears with many of the things she had to say on how the Seanad could enhance European co-operation with Ireland.

I refer to the committees Ms Harkin sits on. I do not believe she chose them other than from the heart. From observing her over the years I have admired much of what she has been doing and saying and it has come from her heart. She is on the committee dealing with employment and social affairs. That area is most important for Ireland. I understand she is a substitute on the agriculture panel as well. Both of these portfolios are top priorities in this country. They always were but they are more so now.

Ms Harkin has a busy schedule indeed. I am standing up here beside her and looking into her eyes as a woman. She made reference to another portfolio, the objective of which is ensuring 40% representation by women on committees, in parliament and on boards. Many of the women in the Seanad, including myself, have taken up this issue as well.

I asked our Leader, Senator Maurice Cummins, whether he choose the debate heading. Strengthening the links between the Seanad and the European Union has been a priority for our Leader since I came to the Seanad, as has the question of what we could do to enhance European co-operation. I will say more about enhanced co-operation, the scrutiny of EU legislation, how we could go about it and what I hope we will do about it. We have tried but we have not given up. That is the position. Our Leader has been trying in this regard and he has not given up on it.

We all know the Seanad could have a more important role to play in the transposition, interpretation and especially the scrutiny of EU legislation, and Ms Harkin referred to these questions. As a House of the Oireachtas, under the provisions of Article 29 of the Constitution, as recently amended, the Seanad must give prior approval to EU proposals for enhanced co-operation, the Schengen acquis and the opt-out by Ireland in respect of EU measures on freedom, security and justice, including the ending of that opt-out. Likewise, the Seanad must agree with regard to the bypass decision to end the requirement for unanimity on corporation tax and submit to qualified majority voting in respect of other matters which could fundamentally vary or over-ride other constitutional provisions that require the separate, prior approval of Seanad Éireann. We have the power and we should consider it. These provisions are of fundamental importance to our constitutional system of checks and balances. Seanad Éireann is given a veto, if we choose to use it, over the majority wishes of Dáil Éireann in respect of impeaching the President, removing judges and taking part in EU decisions which could have a dramatic and far-reaching effect on Irish sovereignty and on the application of other provisions of the Constitution by virtue of our direct membership of the European Union. However, until there is a change in the whip system, even of limited scope, we are working with our hands tied behind our back in this area.

Ireland's ratification of the Lisbon treaty meant that each House of Oireachtas was conferred with significant additional powers in matters concerning European affairs. These additional powers derive from Article 29.4.8° of the Constitution and from the European Union Act 2009. They are reflected in our Standing Orders, especially Standing Orders 99 to 103. However, how often have we looked at or used them? How often can we consider putting them into force? One effect of these measures is that the Seanad may act independently of the Dáil to oppose efforts by the European Council to act by qualified majority voting instead of unanimity. Similarly, the Seanad may also oppose the Council's efforts to adopt legislative acts by ordinary legislative procedure instead of the special legislative procedure.

The Seanad is also empowered to issue a reasoned opinion on whether European Union legislative proposals comply with the principle of subsidiarity, which Ms Harkin mentioned.

In the event that the Seanad then concludes that an act of the European Union institution infringes the principle of subsidarity, the Minister for Foreign Affairs and Trade is obliged to seek a review of the act concerned in the European Court of Justice. It is a power we could use; it has not been used since the Lisbon treaty. The year 2010 was the first year of the implementation of the Lisbon treaty. This power is relatively new but one we should take seriously.

In late 2009 the role of national parliaments was strengthened considerably. Ms Harkin mentioned the current success of the Irish presidency. I compliment the Irish Government, Civil Service and all who are working on it for the constructive and excellent co-operation that is taking place. I emphasise the importance of the Seanad in that area. One aspect of the Lisbon treaty which is rarely discussed is the enhanced function, to which I have referred.

Ms Harkin mentioned that 90% of our laws originate from Europe. It is a scary figure; I understood the figure was 98%. The Leader tried to argue we could play a role, but at the time we could not access the secretarial input. As Ms Harkin said, such work cannot be done on a wing and a prayer. Senators Zappone and Quinn wrote a report on how we can don the green jersey. In my research I found the Nordic Council Presidium has decided to come together on a new study on how enhance co-operation between the lower and upper houses-----