Caít Keane (Fine Gael) | Oireachtas source

I agree on the need for an urgent debate on the issue. It could have been tabled for discussion at the appropriate committee.

On the power of the Seanad, we passed the Lisbon treaty which provides for the principle of subsidiarity. There are other avenues that the Senator could have used. On what powers we have to annul or reject EU directives, we can, if we try, go through the correct procedures as laid down under EU law on the consideration of EU legislation. We in the Seanad have the principle of subsidiarity on our side. This principle provides that where flaws are identified in EU legislation action can be taken at national level, unless the EU has compelling reasons to act. That has been written into the Lisbon treaty, which we voted on in 2009. This principle provides for a yellow card system, a procedure by which the European Commission decision to legislate on any particular matter can be challenged. National parliaments can submit a reasoned opinion to the Commission within eight weeks of the proposal of the relevant legislation. A reasoned opinion could have been submitted at the time this legislation was introduced by the previous Government in July 2010.