Written answers

Wednesday, 18 November 2009

Department of Foreign Affairs

International Agreements

9:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 90: To ask the Minister for Foreign Affairs the measures which will be introduced to implement the enhanced role of the Houses of the Oireachtas in European Affairs under the Lisbon treaty; and if he will make a statement on the matter. [41967/09]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Lisbon Treaty, through its Protocol no.1 and other provisions, will enhance the role of national parliaments in EU affairs and preparations are ongoing to ensure that the Oireachtas can play its full role as envisaged in the Treaty. The Treaty explicitly recognises that national parliaments contribute to the good functioning of the Union in many ways.

The European Union Act 2009 gives effect to the relevant provisions of the Lisbon Treaty in the domestic law of the State and S. 7 of that Act provides for the new powers of the Houses of the Oireachtas under the terms of the Treaty. These powers will include a power under S. 7 (1) to object to a proposal, under the so-called general "passerelle" or bridging clause, to move from unanimity to qualified majority voting in the Council of Ministers or to move from a special legislative procedure to the ordinary legislative procedure provided for under the Treaty. S. 7(2) of the 2009 Act provides for the operation of a similar power regarding the use of the ordinary legislative procedure in the area of family law matters with cross-border implications.

Perhaps the most significant enhancement in the role of national parliaments is in regard to the principle of subsidiarity. S. 7(3) of the 2009 Act sets out the legal basis on which each House of the Oireachtas can issue a reasoned opinion to the Presidents of the European Parliament, the Council and the European Commission stating why it considers that an EU draft legislative act does not comply with the principle of subsidiarity. If, within eight weeks, at least one third of national parliaments (or of chambers of national parliaments) issue such reasoned opinions, the draft proposal must be reviewed. In the case of proposals in the areas of judicial cooperation in criminal matters and police cooperation the threshold for review is one third.

Work has advanced at official level to ensure that the necessary administrative procedures are in place in good time to give effect to this system, in particular so as to ensure that the Oireachtas can meet the eight-week deadline set out in the Lisbon Treaty for the provision of a reasoned opinion. National parliaments in the EU will evolve, no doubt, a system of communication in regard to this area in order to make the Treaty provisions effective.

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