asked the Taoiseach the Government's proposals following the judgment of the Supreme Court today on the Single European Act, if he will recall the Dáil and Seanad next week to debate a Bill to allow for the holding of a referendum on the Single European Act; and if he will make a statement on the matter bearing in mind the paramount importance of our continuing membership of the European Communities.
Private Notice Questions. - Single European Act.
asked the Taoiseach if in the light of the decision in the Supreme Court this morning the Government will now seek a renegotiation of the Single European Act to ensure that it conforms with the Constitution and if he will make a statement on the matter.
I propose to take these two questions together.
Ireland's membership of the European Communities is not in doubt.
As to the Government's proposals in regard to ratification, following the Supreme Court decision on the Single European Act, these will be put forward as soon as we have had an opportunity of considering the terms of the judgment. The Dáil and Seanad will be recalled, if necessary, to consider as a matter of urgency, any proposals for legislation. Deputies will be aware of the difficulties in this respect due to the fact that Members of the present Seanad cease to hold office on Monday, 13 April, at 12 midnight. In the meantime, in view of the gravity of the issue, I propose to invite the leaders of all the political parties in the House to meet me individually tomorrow to discuss the implications of the decision.
First, I am very glad that the gravity of the situation is fully recognised. Is the Taoiseach aware of the annoyance and frustration which have been expressed over a number of months in Europe at Ireland's delay in ratifying this Act? There will likely be a further outburst now. In these circumstances, could it be regarded as a matter of the most extreme urgency that this situation be rectified and that a referendum be held on the 30th day after the passing of the Bill through both Houses of the Oireachtas? I would hope, that the Bill could be passed perhaps by next Monday. Would the Taoiseach consider that it would be possible to have a Bill through this House, say, by Saturday next and considered by the Seanad on Monday before that House is dissolved?
I appreciate and agree with the Deputy about the gravity of the situation. I would remind the House that on 9 December 1986, when the Dáil was debating the issue of ratifying the Single European Act I stated, referring to the previous Government:
The Government are apparently prepared to take a chance. That is their decision, but it is a very casual attitude to adopt on a matter of very great importance and significance. Surely a far better and wiser course would have been to hold a referendum earlier this year and put the matter beyond doubt or challenge.
That is what I said when the debate was taking place in this House last year. Unfortunately, my fears in that regard have now come to pass. I would suggest to Deputy O'Malley that perhaps the best thing would be for himself and myself to meet tomorrow as I have suggested, when we could discuss the issues which arise.
Would the Taoiseach agree that we should be very careful about rushing into a referendum which would, in the nature of things, be very hastily organised while the wording on which we would be asked to vote would be, presumably, very hastily put together? The people in 1972 already decided the limits and responsibilities which we were offering to the EC. In these circumstances, does he not agree that it would be more appropriate to seek renegotiation of the Single European Act, rather than tampering any further with our Constitution in this regard?
I have already indicated that the Government do not intend to put forward their proposals until such time as we have had an opportunity of studying the judgment very carefully and in detail. I would agree with Deputy De Rossa that there can be no question of any rushed decision or, indeed of taking any ad hoc decision, because the House would wish that the next time, whatever we do, we do it right.
Deputies
Hear, hear.
The Government are approaching the matter on that basis.
Could the Taoiseach arrange for copies of the judgment to be made available as quickly as possible, through his good offices? Is it his view that, whetever we do, we ensure that the legislation is brought within a sustainable constitutional framework?
I do not wish to go any further than I have gone at this stage, except to say that I am anxious to discuss the matter with the leaders of all the parties of the House because I see it as a matter of national importance. I think Deputies might be prepared to wait until I have had an opportunity of discussing the issues in detail with the leaders of all the parties. However, I will just repeat that it is absolutely necessary that the matter be given the most serious and detailed consideration from a constitutional point of view and that whatever proposals the Government bring before this House in regard to ratification should be absolutely watertight.
Is the Taoiseach aware that the Act which was passed by this House and the Seanad — the European Communities (Amendment) Act, 1986 — has in fact been found to be constitutional, that what is in difficulty is the Government's powers of ratification of it? In view not alone of the difficulties for this country but for 11 other member states of the European Community would the Taoiseach not agree, notwithstanding the desirability of getting all its technical aspects right, that it is a matter of the utmost urgency? Would he agree, therefore, that we would have to think on a time scale of days rather than of weeks or a month?
I fully agree with the Deputy that it is a matter of the utmost urgency and that in this regard we have an obligation to our partners in the Community. I would further agree that I would see it as a matter of acting within a matter of days rather than of weeks or months. On the other hand, I am sure the Deputy would agree with me that it is absolutely vital to give it the fullest possible consideration to make sure that we act in a way that will stand up both in Europe and at home in our domestic situation.
Does the Taoiseach expect tomorrow, during the course of the discussions to which he has referred and with which I heartily agree, to be in a position to indicate, on the basis of a legal opinion and a first analysis of the judgment, an outline at least of the steps that need to be taken?
Yes. By the way, I should have said to Deputy Desmond that, of course, I will arrange for copies of the judgment to be circulated, at least to parties, as quickly as possible and, hopefully, to Deputies as well. We have already, of course, formed some preliminary views about the different aspects of the judgment. It is a complex matter and our process of examination is still going ahead. I hope to be able to convey more information to the party leaders when I meet them tomorrow.
Deputy De Rossa. Perhaps this might be a final question.
I am sure the Taoiseach will agree that the Constitution is the fundamental, legal basis of all our laws in this State, and governs the laws both within the State and our relationships with other states externally. I am sure he will agree also that any hasty move to change that would require fairly detailed and long discussion as to its implications which may not be immediately obvious in a rushed debate? For that reason, would he agree further that any question of rushing a Bill through this House arranging for a referendum would not arise, that there should be time given both to debate in this House and outside it on the implications of whatever steps are being taken?
I would agree with the Deputy that rushed legislation is never good. Nevertheless, this is a matter which has to be dealt with with the utmost expedition.
I think the House will agree that the matter has been dealt with adequately and well and that we should move on to the next business.