asked the Taoiseach whether in the event of Ireland becoming a member of the European Economic Community it will be necessary to repeal (a) the Control of Manufactures Acts and (b) the provisions of the Finance Acts imposing rates of stamp duties on the purchase of land by non-Irish nationals at a higher level than that imposed on Irish nationals.
Ceisteanna—Questions. Oral Answers. - EEC: Repeal of Irish Legislation.
1.
Article 7 of the Treaty of Rome prohibits, within the sphere of application of the Treaty and without prejudice to the special provisions mentioned therein, any discrimination on grounds of nationality.
Articles 52 to 58 contain special provisions which, in general, require that existing restrictions on rights of establishment of nationals of a member State in the territory of another member State be progressively abolished in course of the transitional period, which expires in December, 1969.
These provisions are to be implemented in detail by means of measures to be taken by the Council of the Community. I understand that, while some progress has been made in this work, no binding decisions have yet been taken. It is, therefore, not possible, at this stage, to say precisely what modifications in the legislation referred to in the Question would be required in the event of our becoming a member of the European Economic Community. It is clear, however, that in principle, membership would involve the eventual elimination of any provision discriminating against nationals of other member States.
Is it not also abundantly clear there is nothing in the Treaty of Rome to restrict or control our domestic legislation in respect to land acquisition for such purposes as the relief of congestion or the other social purposes for which we have been so utilising our land?
I think that is correct. There is also included in the Articles of the Treaty of Rome a qualification which makes that right subordinate to the principle of agricultural policy——
I am sure any person with land in this country, whether national or non-national, is subject to the same law as we have operated here continuously for the purpose of the economic and social vesting of land.
Is it a fact that the Council of Ministers and the legislation that will be enacted when the Common Market comes into operation will override certain aspects of national legislation and in view of that, in the matter of land legislation is it not quite clear the intention is to allow the people of these European countries to purchase land here on the same basis as Irish nationals, and in view of that——
The Deputy is making an argument.
Will the Taoiseach not agree that the plans the Government are now contemplating for the alleviation or the ending of congestion in the West of Ireland are likely to be severely damaged——
I cannot allow this. It is not a question. The Deputy is making a speech.
It is a very important question.
It is not a question—it is a speech.
Is it a speech to ask the Taoiseach——
The Deputy will not repeat what he has said.
May I put it in a simpler form?
The Deputy has asked the question he wants and he will not seek to——
Does it depend on which side or what part of the House——
That is an insinuation, totally unjustified, and the Deputy knows it.
It is a query.
The Deputy will resume his seat.
May I ask——
The Deputy has asked one supplementary question.
Will the Taoiseach publish the revised White Paper?
A supplement to the White Paper.
In view of the impending subversion of the National Parliament by a supra-national parliament, I should like to ask the Taoiseach whether it implies an amendment of the Constitution and if so when does he propose to arrange for a referendum —will it be before or after our entry into the Common Market?
The Deputy's assumption is wrong; therefore his conclusion is nonsensical.
Would the Taoiseach say which of my assumptions?
As the Deputy knows, almost every one of them.
I have only made two assumptions—assuming that we go into the Common Market that there will be a super-national parliament which will have power to legislate for this country and which will override this House——
Question No. 2.
——and in those circumstances surely there will be a need for a referendum.