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Dáil Éireann debate -
Wednesday, 21 Nov 1962

Vol. 197 No. 9

Ceisteanna—Questions. Oral Answers. - EEC: Binding Effect of Council Decisions.

28.

andMr. McQuillan asked the Minister for Finance whether the Council of the EEC may countermand the decision taken by the Government of a member country to deal with an economic crisis within the home country; and whether such a decision is binding on the member country.

As regards the functions of the Council of the EEC in relation to measures which a member State may take in circumstances of sudden crisis in its balance of payments, I would refer the Deputies to Article 109 of the Treaty of Rome.

Is it not a fact that under this Article 109, it will be possible for the Council to reverse a decision of a member State?

Yes; they can require a State to alter or to withdraw a proposal already made.

Has the Minister satisfied himself, have the Government satisfied themselves, that to allow these powers to a supra-national body such as this Council of the EEC, under which it would be permissible for them to reverse a decision of this House or our Government, would require amendment of the Constitution, and would this require a referendum?

No; I do not think so.

May I take it that the Government have satisfied themselves completely on this question?

Question No. 29.

Could I ask the Minister—it seems to be a most important question——

It is not relevant to the question.

Is it not the Commission, in any case, that will make the initial decision, not the member?

The Commission could advise; the Council will make the decision.

The decision would be binding on the Government. Is that permissible under our Constitution?

Question No. 29.

The Government do not know. This is a most important question. They will be fighting a referendum one of these days.

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