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Dáil Éireann debate -
Wednesday, 6 Mar 1974

Vol. 270 No. 13

Ceisteanna—Questions. Oral Answers. - Sunningdale Agreement.

1.

asked the Taoiseach whether the document known as the Sunningdale Agreement has been or will be laid before Dáil Éireann in accordance with Article 29.5.1º of the Constitution; and, if not, why.

2.

asked the Taoiseach whether any charge on public funds is involved in the Sunningdale Agreement; and, if so, when Dáil Éireann will be asked to approve of the terms of the agreement.

3.

asked the Taoiseach whether any part of the Sunningdale Agreement will become the domestic law of the State; and, if so, whether steps are being taken to have the matter determined by the Oireachtas in accordance with Article 29.6 of the Constitution.

4.

asked the Taoiseach if he will state in connection with the next meeting of the Sunningdale participants, the issues which require to be dealt with; and whether Dáil Éireann and the people will have an opportunity of considering them.

5.

asked the Taoiseach whether Dáil Éireann will have an opportunity beforehand of considering the documents arising out of the Sunningdale Agreement which is to be lodged with the United Nations.

With your permission, a Cheann Comhairle, I propose to take Questions Nos. 1 to 5 together.

The issues to be dealt with at the next meeting of the Sunningdale participants are set out in the agreed communiqué, copies of which were presented to the Library last December.

In accordance with the requirements of the Constitution the formal agreement provided for in the agreed communiqué will be laid before this House for approval and proposals relating to the incorporation of the agreement in the domestic law of the State will be submitted to the Oireachtas.

Could I ask the Taoiseach whether or not it is anticipated that such an agreement, if and when arrived at and duly entered into, will be an international agreement?

It is stated in the communiqué that it is proposed to register it at the United Nations.

Can the Taoiseach indicate whether any agreement that may be registered at the United Nations can be regarded as a result as an international agreement? Does the registration at the United Nations actually confer international status on any such agreement registered there, or does the agreement have to be of an international character and so registered in order to carry the appendage "international"?

Any agreement which, under the terms of the Constitution the Government are obliged to bring before the Dáil will be brought before it.

That is not quite what I am trying to ascertain. I am trying to find out whether or not what is proposed or what is envisaged so far as the Sunningdale Communiqué and that contained therein are concerned, comes within the terms of Article 29 of our Constitution?

If it comes within the terms of Article 29, it will be laid before the Dáil.

Surely it is to be expected that, in a matter of such importance as this, the Government and the delegation from the Government who arrived at what agreement they have arrived at, issued in the Sunningdale Agreement, must be aware and must fully have considered whether the terms of any such proposed agreement come within, infringe upon or are subsidiary to any Article of our Constitution. Article 29 is a very obvious one in relation to any international discussions which have taken place as they have done in Sunningdale.

That is why it is being brought before the Dáil.

Will it be brought before the Dáil?

I should like to ask the Taoiseach whether it is not most likely that the agreement that will be made following the Sunningdale Communiqué will in fact, involve expenditure from public funds and, that being so, the agreement must come before Dáil Éireann for approval? May I ask him in that connection whether the agreement will be brought before Dáil Éireann before it is signed for approval and, if not before it is signed, before it is lodged with the United Nations for registration?

It is not normal to bring an agreement before the Dáil before it is signed. As the Leader of the Opposition understands, any consequential financial matters will, of course, be the subject either of legislation or an Estimate, as the case may be, and that will be brought before the Dáil.

A final supplementary from Deputy Blaney.

The Ceann Comhairle will appreciate that there are five questions each asking for a specific answer and on none of which I have got a specific answer. In Question No. 1, I am asking whether, in fact, Article 29.5.1º will be adhered to in the case of the agreement proposed to be signed, that is, that it will be laid, according to that Article, before the Houses of the Oireachtas.

I have so said in my reply.

As I understood the Taoiseach—I am sorry if I have taken him up wrongly—he said that what would be required to come before the Dáil would come before it, but he has not indicated in answer to Questions Nos. 1 to 5 whether this proposed agreement is international or national or whether it is——

I am afraid we cannot debate this matter today.

I will not put a name on it.

Apparently not.

In reply to the second or third last supplementary question the Taoiseach replied to the effect that the matter would have to come before the Dáil if public funds were involved in order to pass the necessary Estimate. Is it not a fact that, irrespective of that procedure, if the agreement in itself involves expenditure from public funds it must come before the Dáil, of itself, irrespective of subsequent activities in relation to passing Estimates?

As the Deputy and the House appreciate, the agreement will come before the Dáil in accordance with Article 29 of the Constitution. Consequential legislation or Estimates may be required to implement the agreement. They could still come before the Dáil as a separate matter.

But they are two separate exercises.

A Cheann Comhairle, because of the unsatisfactory nature of the replies given I propose, with your permission, to raise this matter on the adjournment.

The Chair will communicate with the Deputy.

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