asked the Minister for Foreign Affairs if he will arrange for the publication of a tabulated, chronological list of international agreements and/or treaties executed or ratified by or on behalf of the State since 1937; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Publication of International Agreements.
7.
International agreements to which the State becomes a party are published in the Treaty Series except for certain agreements or conventions of a technical and administrative character, and those falling within the framework of the European Communities and international organisations. All publications in the Treaty Series are laid before Dáil Éireann. The Treaty Series commenced publication in 1930 and indexes have been published as follows:
|
1 |
1930 to 1953 in Treaty Series 14 of 1954 |
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2 |
1954 to 1960 in Treaty Series 4 of 1962 |
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3 |
1961 to 1965 in Treaty Series 10 of 1967 |
|
4 |
1966 to 1970 in Treaty Series 5 of 1975 |
|
5 |
1971 to 1976 in Treaty Series 2 of 1978 |
A further index for the period from 1977 to 1986 has recently been published in Treaty Series 11 of 1986. These publications are available from the Dáil Library.
In view of the recent majority Supreme Court decision in respect of the Single European Act could the Minister give an assurance to the House that the constitutionality of any of these treaties is not in doubt?
We debated that matter very fully in the House during the recent debate on the Single European Act. The Deputy and the House are well aware that this is precisely part of the area that will have to be looked at by the Leaders of all political parties in conjunction with what legal advice they can obtain subsequent to the referendum, to ascertain precisely what comes into the category of being governed by the Supreme Court judgement.
What Leaders are they?
On a similar point, the Minister, during Committee Stage of the Single European Act indicated that the Department were then examining international treaties. Has such an examination even commenced?
It has commenced, but our energies are concentrated at the moment on getting the Single European Act through.
In the context of the Minister's Department examining the constitutionality or otherwise of all these treaties, is he seeking legal advice from outside the ambit of State Departments, or is he relying on the advice available to the Government within the State Departments, for example, the Attorney General's office and the legal section of his own Department?
At the moment, it is within the Department but, of course, when we get down to having this all-party look at the matter, we shall have to consider the point made by the Deputy, which I believe is a very valid one.
To get outside legal advice?
Yes, but that is for a later stage.
With respect, in connection with the all-party Leaders looking at this matter, may I say for the Progressive Democrats that we have already had legal advice about these matters and we have been advised——
A question, please. This is Question Time.
Would the Minister comment on the fact that we have been advised that many of these treaties are unconstitutional and if challenged may well be struck down by the courts?
We had a very full debate on that in the two Houses of the Oireachtas recently. We are now involved in seeking the approval of the people for the ratification of the Single European Act. I suggest that we go at this in stages, first things first. I agree with much of what the Deputy says. There must be this thorough jurisprudential look at all these treaties and agreements with a view to ascertaining their position under the Constitution and within the context of the Supreme Court decision but that is a matter that will have to proceed to another pace, inevitably a slower pace. There is no point in jumping to conclusions in an area which is very difficult and very complex. We should be aware of that already from what has happened in regard to the Single European Act.
Arising from what the Minister has said by way of supplementary answer, to the effect that the resources of the Department of Foreign Affairs are now concentrated on the campaign of the Single European Act and not on preparing the schedule of other treaties which would require to be ratified by way of referendum, would it be in order to ask the Minister if he would indicate what exactly the officials in the Department of Foreign Affairs are proposing to do in order to win the campaign on the referendum for the Single European Act?
What we are working on at the moment is a source of information — booklets that will be made available to all parties on a definite basis, party by party, covering the aspects that will be of interest to the public in the course of what I hope will be a very constructive debate on the whole matter. The House and the political parties will be hearing more about this aspect inside the next few days.