asked the Taoiseach if in relation to the implementing legislation necessary to align Irish law with EEC directives and regulations, he will state the form and volume of the legislation that will be involved; and if it is his intention to lay the full text of the regulations before the House for discussion or to bring them into effect by statutory orders made under a broadly phrased enabling Bill.
Ceisteanna—Questions. Oral Answers. - Membership of EEC.
2.
The Government's intentions in this matter will be announced in due course.
Would the Minister not agree that it is of very great importance that the House would have an assurance that it will be consulted in a meaningful way in relation to this legislation; in other words, that the House will have before it reasonably detailed legislation that can be scrutinised in detail, and that an assurance on this matter would be beneficial to the cause of the referendum? If such an assurance is not forthcoming, the effect on the morale of the House will be bad and this will affect also the people's attitude towards the referendum.
It is certain that procedures such as that would have to be considered by the Government. I take the point made by the Deputy that before the referendum we should make any announcement that it is possible to make.
Is it not a fact that a committee was established by the Government under the chairmanship of the Attorney General for the purpose of deciding what part of the Constitution should be changed or amended?
That is a different question. The question related to secondary legislation, to changes in our own legislation. It did not refer to the Constitution.
Will legislation not be required?
The question put down by Deputy Bruton referred to changes in our domestic legislation.
In the context of the EEC?
Yes, changes to bring our legislation into line with the Community.
Therefore, the Minister is telling me that these changes have nothing to do with constitutional changes.
That is right.
When will the Minister be in a position to tell us how the laws of the EEC countries will affect us if we join the Common Market?
The draft directives and regulations of the Community are published, as the Deputy is aware. Regulations are generally applied, decisions are binding and directives are binding on member states but member states have the choice of selecting the means of implementing them. The Deputy would need to put down a question if he wishes to have a full picture of the separate ways in which regulations and decisions are taken.
Will such information not be forthcoming from the Minister's Department?
Yes, if the Deputy wants it.
Can the Minister say if this implementing legislation will be coming before the House before the referendum and before the treaty of accession or whether it will not come before us until after those events?
It does not have to come before the House prior to the referendum. In fact, it would be premature to bring it in before a decision had been reached.
3.
asked the Taoiseach if he intends to make provision for discussion in advance by Dáil Éireann of draft directives and regulations coming before the EEC Council of Ministers so that the Irish representative will be aware of opinion in Ireland before entering into any commitments.
The procedures to be adopted in regard to the consideration of draft directives and regulations coming before the EEC Council of Ministers after Ireland's accession to the European Communities have yet to be settled. I would envisage, however, that regard would be had to the need to consult particular interests which might be affected by these draft instruments. It is relevant also to mention that, before adoption by the Council, most draft directives and regulations are considered by the European Parliament and the Economic and Social Committee on both of which bodies Ireland will be represented.
Would the Minister not agree that this House is of equal importance with the interests to whom he referred and that there should be equal room for consultation with this House in advance of our commitments to these draft directives and regulations as there would be with the particular interests to which he referred?
I have answered this already in reply to supplementaries on the previous question. The means of doing this will be considered by the Government and, for the reasons the Deputy has mentioned, I said that I thought we should publish the proceedings as soon as possible.
Can the Minister say when these proceedings will be published?
I have called Question No. 4.
I could not give a date. The Deputy has said it would be desirable to have them before the referendum and I will see whether we might have published before that even a broad outline of how consultations are proceeding.