Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Chomh maith leis an Seanadóir Leyden, ba mhaith liom comhghairdeas a dhéanamh leis an Aire Stáit. I join Senator Leyden in congratulating the Minister and wishing her and her husband the best. There are many issues we could raise in a debate on Europe. We have engaged critically with the EU over a number of years and we are concerned over the push to more centralisation. I could raise the Common Fisheries Policy and the impact of the fiscal compact etc., but I want to go on a specific route, which is Catalan self-determination, a very pertinent and serious issue. The Minister of State said representative democracy was at the heart of the European project and that the provisions enhance the right of every citizen to participate in the democratic life of the Union. She added that the Union's values, namely, freedom, democracy, equality, the rule of law and respect for human rights, are very important. She went on to say that, elsewhere in the world, many people know what it is like when only lip service is paid to these values.

I contend that millions of people in Catalunya would say the EU was paying lip service to these values at the moment. I was an international observer in Catalunya for the referendum and there are huge concerns about the way things have turned out there. Many international commentators put forward the fact that this was not a legitimate referendum. A report carried out by a commission of international legal experts, "Catalonia's legitimate right to decide", states:

From an international law perspective it appears clearly that there is no international legal prohibition barring a sub-state entity from deciding its political destiny by assessing the will of its people. Both case law and state practice support this conclusion.

It also states that EU member states have recognised many former sub-state entities that assessed their people's political will and decided to pursue independence.It also states:

As regard European law, in the absence of specific Treaty provision on the right of Self-determination for a European people without a State on the territory of the EU, EU law...does not forbid the exercise of its Right to Decide for a European people within the EU. There are even numerous Treaty provisions that indicate that if such Right was to be exercised, EU and it’s member States would react positively to a new European State candidacy to join the EU. Further, recent and consistent practice clearly points that way. Finally, both as a collectively exercised human right and as a fundamental norm of international Law, EU recognizes the Right to decide.

I do not think the case put forward by people that this is an internal issue for the Spanish Government to decide with the Catalan Government holds water in that regard. It is an international issue and it is becoming a much more serious international issue.

One of the final conclusions is:

The experts recommend the exploration of an earned sovereignty negotiating process within the framework of the EU. This would imply involvement by EU institutions; we consider it possible in the perspective of a negotiation within the EU, fully associating Spain in seeking for Catalonia a constrained sovereignty solution, as an EU full member.

There is certainly a case, whether people want to agree or disagree, that under international law Catalunya had the right to decide for itself. The people of Catalunya had hoped the referendum would be a celebration of democracy, and it turned out to be far from that as the Spanish national police launched a widespread crackdown on Catalunya's self-determination referendum, as we know. I saw at first hand the violence of the Guardia Civil. I saw the peaceful and dignified way the people of Catalunya held themselves. The international parliamentary delegation issued a statement on the night of the referendum, and I will give the House the opening remarks from the statement. There were approximately 35 of us, all parliamentarians, and a number of other people. The opening remarks were:

We were impressed and reassured by the patient, determined and non-violent behaviour of the huge number of people who came out to vote across Catalunya.

As a Parliamentary Delegation we wish to express abhorrence at:

(a) The violence of the Spanish State that brought about more than 800 individuals being injured.

(b) The electronic sabotage deployed against the democratic vote.

(c) The removal of ballot boxes by Spanish State Forces.

We would like to express our admiration for scrupulous and professional work of polling staff across Catalunya in the face of real and significant problems and pressures.

That statement was unanimously agreed by people from all types of different political backgrounds. We also stated that we considered it "regrettable that the European Union, the Council of Europe and other international organisations have not acted to mediate with the purpose to facilitate an agreed solution, acceptable for both parties". We think this is key. I note there have been quite a lot of statements from international spokespersons. The Elders is a group of international public figures, including elder statesman, peace activists and human rights advocates. It was founded by Nelson Mandela in 2007, and the group is chaired by Ghanaian diplomat and Nobel Peace Prize laureate, Kofi Annan. Our own Mary Robinson is member of the group. Kofi Annan, chair of The Elders, said:

The constitutional crisis that is unfolding in Spain calls for consultation and not confrontation. I urge the Spanish government and the regional government of Catalonia to renew their commitment to a resolution through dialogue. They must find a peaceful path out of this crisis.

Carles Puigdemont, the President of the Catalan Parliament, has said the international community, and especially the European Union, has to be involved. After the Spanish police violence to stop the 1 October referendum throughout the country, he said the Spanish Government should accept international mediation after the events on Sunday. He also said the European Union probably cannot play this role, but it should sponsor it to make sure Spain takes part.

I note Nicola Sturgeon of the SNP and First Minister of Scotland is calling on the Spanish Government to respect the overwhelming "Sí" vote won in the Catalan referendum as an expression of the democratic will of the people of Catalunya and urges the UN, EU and Council of Europe to mediate. There have also been such calls in the Council of Europe and the European Parliament, and our leader Gerry Adams has called for this.

The Minister of State has a very important role in the EU. I ask her to implore other members to look at what really happened in Catalunya and look at the international legal framework, and call for international mediation sponsored by the EU. It is not right that we say to the people of Catalunya that it is an internal situation. We can see from what has happened this will need international support to try to resolve the issues that have come forward. It comes back to the basic tenets of what we stand for, and credibility has been lost by the EU in what has happened in the past week in Catalunya. Chancellor Merkel, President Macron and others, including Jean-Claude Juncker, were quick to jump and side with the Spanish Government's position on the issue. Ireland has always been seen as an honest broker and peacemaker. We need to stand on our own two feet. I would like this Parliament to make a statement to call for international mediation, and I would be delighted if the Minister of State would do this and bring the message back to her EU colleagues, and ask the Taoiseach, Deputy Leo Varadkar, to do the same and stand up and be counted as a democrat in this scenario.