Alice-Mary Higgins (Independent) | Oireachtas source

I will endeavour to do so. Many of the points I wished to make have been made by Senator Ó Clochartaigh so that should be possible.

We have heard many references to the rule of law being invoked as if it is a magic card that can be played. The rule of law has a context. We are duty bound to protect and support a rule of law that is linked with a democracy and respects human rights in a free civil society. Many countries have a rule of law and those of us who have travelled internationally will have visited some where the rule of law is imposed and does not have regard to considerations of self-determination, democracy, human rights or civil society. Let us not use the term "rule of law" in a blanket manner and instead be clear about what type of rule of law we mean.

Senator Ó Clochartaigh eloquently highlighted an area of immense concern for people in Ireland and the rest of Europe. We need international law, international human rights law and respect for freedom of expression, assembly and self-determination. There is no doubt the actions taken by the police, at the direction of the Spanish Government, against those who were voting or seeking to vote in the recent referendum in Catalonia violated human rights. The evidence was provided by those from Ireland who were in Catalonia and it was visible internationally. The response of the European Union, including Ireland, has not been adequate. Prime Minister Rajoy has spoken of the "firmness" and "serenity" shown by the police in their actions. We have heard discussion in the Oireachtas about the violence but we have not had a strong message from Europe properly condemning the violence, demanding action in response to it and asking whether our concerns about human rights breaches are being addressed. The message we sent to the Spanish Government was one of impunity for its actions.

The Government has spoken at length about its concerns about the rise of populism and there is constant discussion about the importance of the centre holding. However, a blind eye is being turned in the face of authoritarianism, which is, in many cases, a much greater danger than populism. Authoritarianism, which is bound into the rise of populism, is on the rise in Poland, Hungary and Austria where far right parties may be part of the next government. We know what authoritarianism looks like as we saw it in Catalonia, not only in the actions taken on the day of the referendum but also in the shutting down of websites and the arrests of civil society leaders on charges of sedition. We have seen this play book enacted in many parts of the world. Why do we not speak up against it when it takes place in Europe?

The task of peace building in Europe has been deeply neglected in recent years. Securing borders, the predominant narrative, fits in with the narrative of policing and might is right. The diplomatic skills required to meet the challenge of having people who disagree with each other find ways to engage in dialogue and build peace together seem to have been forgotten and neglected. The challenge of peace building was the reason for European integration in the first place.

Of all countries, Ireland, with its legacy of building peace and experience of war, cannot wash its hands of the task of peace building and promoting diplomacy. There is no doubt that dialogue, space and time are needed. When President Puigdemont chose not to immediately implement the decision on independence and stood back from the brink at the request of Europe, he created a space for diplomacy and dialogue. This window of weeks has been used by Spain to make arrests of civil society leaders, hold further trials and engage in more sabre rattling.

The threat to invoke Article 155 of the Spanish Constitution is extremely dangerous. Regardless of whether one attributes credibility to the results of the referendum, the people of Catalonia voted for the Catalan Parliament and Mr. Puigdemont as their President. Invoking Article 155 sends a direct message to those in Catalonia that their vote is being disregarded. This message will drive a further wedge between Catalonia and Spain.

I am sad to see fragmentation in Europe. I would like to have a Europe of strong, autonomous regions which can work together. What we should see in Spain is a credible coming together of regions of different cultural traditions and with different backgrounds and working together with respect and in autonomy. What we have saw in 2012, however, was a push by Prime Minister Rajoy to diminish autonomy when he used the issue as a political football for electoral purposes. Europe stood back and did nothing because during the period of austerity, important issues such as Europe of the regions, ensuring an equitable spread of development and prioritising measures to support social cohesion were pushed to the side for the sake of short-term national fiscal targets. This has exacerbated tensions in regions across Europe.

I am concerned by the outcome of votes in Lombardy and other parts of Europe. When Europe's wealthy countries failed to send a signal solidarity to the poorer countries of Europe and we have, at the highest level, President Macron and, to some extent, Chancellor Merkel, speaking about a two-speed Europe, we send a message that might is right and the wealthiest must look out for themselves. This is the signal we also send to wealthy regions in countries which may wish to pull away and emulate the type of division we have seen. The fragmentation of Europe is a real and dangerous threat and we need to step up to the challenge. We cannot wash our hands of this issue. Ireland should step forward and insist on a strong chastisement of the actions taken by Spain. We must also put ourselves forward as an honest broker and offer ourselves as a mediator or demand a non-EU external mediator.