asked the Minister for Foreign Affairs the proposals, if any, he has made at the Council of Ministers of the European Community to promote a charter of fundamental rights and freedoms throughout the Community.
Ceisteanna—Questions. Oral Answers. - Rights and Freedoms Charter.
16.
There have been discussions recently by a working party of the Council of Ministers of the European Communities on the possibility of a joint declaration on respect for human rights which would be made by the Council, the European Parliament and the Commission. The declaration would stress the importance of fundamental rights in the Community and underline the importance of the European Convention on Human Rights, and I would fully support such action by the Council of Ministers.
I have made no proposals for a charter of fundamental rights at Community level such as the Deputy refers to. One of the difficulties about drawing up a Community charter of human rights is that it could conflict with the European Convention on the Protection of Human Rights and Fundamental Freedoms to which Ireland and 18 other member states of the Council of Europe, including the nine members of the European Community, are parties. Furthermore, it could lead to a conflict of jurisdiction between the European Communities and the Council of Europe.
In fact, I do not believe that there is a need for a Community charter of fundamental rights because the recent jurisprudence of the Court of Justice of the European Communities guarantees very effectively the protection of the fundamental rights of the Community's citizens in the application of Community law. That court decided in 1974 that it could not uphold measures which are incompatible with the fundamental rights guaranteed by member states' constitutions and, in addition, that international treaties for the protection of human rights can supply guidelines which should be followed in the Community law framework.
However, as I have already said, I would fully support a joint declaration on respect for human rights by the Council, the European Parliament and the Commission.
The Minister will appreciate that this matter has been under consideration by the Parliament for some time and that the Commission, in their report of the 4th September, 1976, and the Parliament, in their latest report of the 4th October, 1976, called for a solemn common declaration on the part of all the institutions in the Community, namely the Parliament, the Commission and Council. In the light of that would the Minister not think it would be appropriate that the Council should seem to be acting more urgently than they apparently have been to adopt this solemn common declaration and that our Government, as being the Government for fundamental rights, should be seen to be very much in the van of such a promotion?
We have acted as rapidly as we could in that the matter came before the Council of Ministers on the last occasion, and it is something which may arise at the European Council, who may make some reference to the importance of the adoption of such a joint declaration. There is no delay in this area, the Deputy can be assured, and we are giving the fullest support to speedy action in respect of the common declaration.
Perhaps there has been no delay. Would the Minister agree that there seems to have been a lack of urgency in view, for instance, of the view of, for example, the Federal German Constitutional Court, some time back that there is a need for a charter of fundamental rights for a standard throughout the Community? Would the Minister not agree then that there should be a more determined and urgent effort on the part of the Council to meet this common standard which is necessary?
We are thinking of two things here. One is having a Community Charter of Human Rights. The view of the European Commission and of the European Parliament, a view which the Council of Ministers share, is that for a number of reasons it would not be the best way to proceed, reasons which I have outlined in a general way in my reply. As an alternative to that the common declaration is proposed as the best way of emphasising the commitment of the Community to human rights and the commitment of their court to uphold them. The common declaration is therefore, if you like, in lieu of a charter.
A number of difficulties would arise with a charter of human rights. Some of them I have outlined already in my reply. Another is that it could tend to become the lowest common denominator of rights in existing member countries rather than the highest common factor. The existing situation is well protected once the European Court has taken on board this idea of human rights and is willing to ensure their protection. In the circumstances it was the view of the Commission, and Parliament the Ministers are also in agreement, that rather than seek to devise a charter for the European Community the best approach would be a common declaration.
Is not this a lot of humbug and hypocrisy? If any such declaration were made or attempted to be made, would the Minister not have to derogate from it immediately?
No.