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Dáil Éireann debate -
Wednesday, 7 Jun 1972

Vol. 261 No. 6

Ceisteanna—Questions. Oral Answers - Membership of EEC.

22.

asked the Minister for Foreign Affairs the number of journeys by Ministers and Parliamentary Secretaries to continental countries in connection with Ireland's application to join the EEC; and the total cost of these journeys.

The number of such journeys in the period between the decision by the member states on the enlargement of the Communities at The Hague Summit meeting in December, 1969, and the signing of the Treaty of Accession on 22nd January, 1972, was 21 and the total cost involved was £4,857.42p.

Has any portion been paid by the EEC member countries of the cost of visits? No?

23.

asked the Minister for Foreign Affairs if he will place in the Oireachtas Library a copy of his statement at the meeting of the Foreign Ministers of the ten EEC member and applicant countries on 26th May in preparation for the October Paris meeting.

I made a number of statements at the meeting in question but the Deputy will appreciate that, as the proceedings of the meeting were confidential, I am not in a position to make the texts of these statements available.

24.

asked the Minister for Foreign Affairs how much time elapses between the submission of a draft directive or regulation to the EEC Council of Ministers and its publication in the official journal of the Community; if such draft directives or regulations are published in any form other than as contents of the official journal; and, if so, how soon they are received in the appropriate Government Department here after their submission to the Council.

27.

asked the Minister for Foreign Affairs if any EEC Council of Ministers' decisions are taken on the basis of internal Community working documents the contents or existence of which are not referred to in the official journal of the Community.

With your permission, a Cheann Comhairle, I propose to take Questions Nos. 24 and 27 together.

Not all draft directives and regulations are published in the official journal before being adopted by the Council. In the case of those draft directives and regulations which are published in the official journal, the time between their submission to the Council and their publication varies.

Under the consultation procedure, draft Community legislation is sent by the Commission to the Irish Mission in Brussels at the same time as it is submitted to the Council and the contents are immediately communicated to Dublin for the appropriate Departments.

Is it not the case that these draft directives and regulations, whether published or not, have the status of draft legislation for this country? Does the Minister not agree that it is very bad that we, as a legislature or as a people, should not be able to see what is effectively draft legislation for this country?

Since last week, as the Deputy will be aware, the Government are considering what arrangements should be made, and arrangements are definitely now being made, to have each Minister through his Department given the responsibility of making available to Deputies appropriate information and texts in relation to developments in the Community for the sector for which the Minister is responsible. In the case of drafts—we have had this several times before—which are regarded as internal documents of the Community and, therefore, confidential, the Government are again trying to find a formula for making information available on a confidential basis and as soon as the Government decision is available I will communicate it to the House.

In relation to Question No. 27, would the Minister not consider that it is thoroughly bad practice that decisions should be taken which are effectively legislation in relation to this country, without the draft or the basis of the decisions being available in any published form to members of the public and would he not agree that it is not enough merely to give us confidential information which we cannot use because it is confidential?

They do publish them, but in some cases, as the Deputy will realise with a little experience, confidentiality is essential, as in the case of negotiation with third countries, so that everything done of this nature cannot be done in an open and public way. There is good reason for not having all drafts published but those that can be published are published.

25.

asked the Minister for Foreign Affairs how much time elapses between the acceptance of a directive or regulation by the Council of Ministers and its publication in the official journal of the Community; if such directives and regulations are published in any form other than as contents of the official journal; and, if so, how soon they are received in the appropriate Government Department here after their acceptance by the Council.

Regulations are published in the Community's official journal on an average of three days after their adoption by the Council. While there is no obligation under the EEC Treaty to publish directives in the journal, the practice is to publish those which are of general interest. The time between the adoption of such directives and their publication in the journal has averaged 11 days in a recent sample period.

Selected Community legislation is published in the Commission's monthly bulletin. The official journal is, however, the Community's official publication in which legislation is published and this is received in Dublin about two days after publication.

Is it not the case that in regard to directives which are implementing legislation they must be first put through the House in every case to bring them into effect?

They are addressed to member states but they are binding only as regards the results to be achieved and they are addressed to member states generally as well. How the results are achieved will be a matter for the individual state as to whether it requires legislation or can be done administratively.

With regard to regulations of the Community, could the Minister tell me if it will be necessary for him to enforce them by statutory order introduced here or will they come into effect without any procedure through this House?

Directives are binding; regulations are brought in by the Government. The Deputy should put down a question on these different matters—directives, regulations and legislation—and I could then give him the information. It is already available in White Papers if the Deputy wishes to read them.

26.

asked the Minister for Foreign Affairs what steps he is taking to make available to Deputies and Senators directly or through the Oireachtas Library an English translation of all agreed and draft directives and regulations of the European Economic Community.

A set of unofficial English translations of Community legislation adopted up to 10th November, 1971, which it is expected will still be in force on 1st January, 1973, was placed in the Oireachtas Library some time ago. Work on the preparation of authentic English translations of all Community legislation which it is expected will be in force on 1st January, 1973, is proceeding in Brussels and the authentic English texts will be placed in the Oireachtas Library when they become available.

The position in regard to draft Community legislation is being examined in consultation with the other Departments concerned.

Would the Minister agree that it is probably even more important that an English translation of the draft regulations be published because they are the ones that we can, as Members of this House, still have some effect on before a final decision is taken and would he agree to treat those as matters of particular urgency? In relation to the documents which were placed in the Library, could he state whether the translation in question is the translation by the British Government Publications Office or is it an Irish translation?

It is unofficial and it is not in any way intended as official. It is a British unofficial translation.

28.

asked the Minister for Foreign Affairs whether the EEC requires applicants for associate membership or special trading relations to conform with certain standards of democratic government and observance of fundamental freedom and human rights, if he is aware of the considerable concern felt at the possibility of advantageous trading terms being given by the EEC to repressive regimes; and if he will state the Government's policy in these matters.

There is no doubt that the nature of the regimes in the countries concerned has been a major consideration in the Community's decisions on the question of concluding association or trading agreements with third countries. This situation is likely to continue in the enlarged Community when we shall, of course, be participating in future decision to be made in this field.

Has the Minister taken note of some agreements that have been entered into or are about to be entered into with Portugal, in particular, which have the effect of helping to maintain Portuguese control over certain African territories, much against the wishes of the majority of the people in the areas in question, and will he use his influence within the EEC to ensure that any support for repressive policies or colonial policies will not receive any assistance from Ireland?

The Deputy can rest assured that that attitude seems to be reflected in all the actions of the Community to date. I will follow it up and see if it needs any support.

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