Written answers

Tuesday, 30 March 2010

Department of Foreign Affairs

Lisbon Treaty

11:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 299: To ask the Minister for Foreign Affairs the full extent of complementary measures put in place in each EU member state including Ireland in the wake of the Lisbon Treaty agreement; and if he will make a statement on the matter. [13532/10]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Lisbon Treaty entered into force on 1 December 2009, following its ratification by all EU Member States. A number of measures are now required to give full effect to the Treaty and the Spanish Presidency has attached the highest priority to this work.

This task has been greatly facilitated by the preparations for the Treaty's entry into force which included the election of Herman Van Rompuy as President of the European Council and the appointment of Catherine Ashton as High Representative for Foreign Affairs and Security Policy.

It is a matter for each Member State to make appropriate arrangements to give effect to the Treaty at national level. In Ireland's case, this was done by means of the European Union Act 2009 which provides, among other things, for the new powers of the Houses of the Oireachtas under the terms of the Treaty. In December, this House approved a motion making interim arrangements for the exercise of these new powers. I understand that a sub-Committee of the two EU Oireachtas Committees will shortly begin a review of the role of the Oireachtas in EU affairs, including these new arrangements for the Lisbon Treaty. In regard to other Member States, the arrangements for their National Parliaments will depend, naturally, on their domestic constitutional requirements.

At an EU level, important steps are being taken to implement the Lisbon Treaty. Work in advancing on the European External Action Service, which is an important innovation under the Lisbon Treaty to support the work of the High Representative. The High Representative presented proposals at the end of last week for a Council Decision on the EEAS and for related budgetary provisions and staff regulations.

The Lisbon Treaty increased the number of seats in the European Parliament and a draft Protocol has been prepared which would regularise the situation of the additional 18 Members of the European Parliament. The European Parliament is expected to give its opinion on this in May, after which it could be approved by an ad hoc inter-governmental conference. This protocol would not affect Irish representation in the Parliament.

The Commission is expected to bring forward shortly a proposal for a Regulation which would make provision for the procedures and conditions required for a Citizens' Initiative under the Treaty. The Government strongly supports the Citizens' Initiative which has the potential to increase citizens' engagement in EU matters by giving them the right to call directly on the Commission to bring forward new policy initiatives. This initiative will reinforce citizens' and organised civil society's involvement in the shaping of EU policies.

Specific arrangements will be required in Ireland as we do not presently have a system of popular initiative or petition. In particular, arrangements will be required to manage the collection, authentication and verification of signatures. Discussions are underway at an official level between interested Departments.

The Lisbon Treaty introduced a Solidarity Clause (Article 222 of the consolidated Treaty on the Functioning of the European Union - TFEU) which calls for fellow Member States to act in a spirit of solidarity, and for the Union to mobilise all instruments at its disposal, in response to a terrorist attack or a natural or man-made disaster affecting a Member State. Arrangements for the implementation of the solidarity clause will be decided by the Council based on a joint proposal by the Commission and the High Representative. It will be for Member States - including Ireland, acting in a spirit of solidarity and without prejudice to its traditional policy of military neutrality - to determine the nature of aid or assistance to be provided in such cases. The legal guarantees obtained by Ireland make clear that nothing in the Lisbon Treaty affects or prejudices Ireland's traditional policy of military neutrality.

Under the Lisbon Treaty, the European Union will accede to the European Convention on Human Rights which is under the aegis of the Council of Europe. The Commission has recently brought forward its recommendations for a Council Decision authorising negotiations between the European Union and the Council of Europe. A unanimous decision of the EU Council will be required to initiate and to conclude this accession agreement. This will then require ratification by all EU Member States in accordance with their respective constitutional requirements. The Spanish Presidency has indicated that it hopes to agree a Council mandate before the end of its term authorising the opening of these negotiations

Other matters relating to the implementation of the Lisbon Treaty include arrangements for delegated and implementing acts (Articles 290 and 291 - TFEU) and the establishment of a consultative Panel (Article 255 - TFEU) for appointment of members to the European Court of Justice and the General Court.

The guarantees obtained by Ireland in relation to the Lisbon Treaty became legally binding when the Lisbon Treaty entered into effect. These guarantees will become a protocol to the EU Treaties at the time of the next EU accession treaty.

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