andMr. McQuillan asked the Taoiseach whether in the event of Ireland becoming a member of the EEC the implementation of articles 169 and 170 of the Rome Treaty would involve an amendment of the Constitution.
2.
Ceisteanna—Questions. Oral Answers. - EEC Constitutional Changes.
1.
asked the Taoiseach if the Attorney General has yet advised what constitutional changes are likely in the event of Ireland becoming a member of the European Economic Community.
3.
andMr. McQuillan asked the Taoiseach whether an amendment of the Constitution can be carried out without a referendum.
With your permission, Sir, I propose to take Questions Nos. 1, 2 and 3 together.
As was indicated by the Minister for Justice in reply to Questions in this House on 29th May last, an inter-Departmental Committee under the chairmanship of the Attorney General has been set up to examine the legal problems which will arise if this country becomes a member of the European Economic Community. This examination will cover the question of the amendment of the Constitution and the position of the Court of Justice of the Community. The Committee has been meeting regularly, but completion of its work will take some time.
An amendment of the Constitution requires a referendum under Articles 46 and 47 thereof.
Is it not a fact that under Articles 169 and 171 of the Rome Treaty, if a member State does not fulfil its obligations under the Treaty, an international court can sit in judgment on that particular issue; and, if it finds against the member State, it can force the member State to change whatever decision it may have taken in its own parliament? Does that not mean, in effect, an overriding of the national parliament by a supra-national parliament?
I do not agree.
This is an argument, not a question.
May I take it from the Taoiseach that he does not see it in this light?
There is no doubt that if a country enters into an agreement with other countries, it is bound to keep that agreement.
In fact, the supra-national parliament can override the national parliament? Is that the fact? Anyhow, the time is drawing near when we will find out.