Vol. 416 No. 4
11 Mr. J. Bruton asked the Minister for Foreign Affairs if he will outline his views on whether the proposed article 3 (B) of the Treaty of Maastricht on subsidiarity, (1) can be used to legally limit the scope of action of the Community and (2) is in Ireland's interest.
32 Dr. Lee asked the Minister for Foreign Affairs if he will outline his views on whether the proposed article 3 (B) of the Treaty of Maastricht on subsidiarity, (1) can be used to legally limit the scope of action of the Community and (2) is in Ireland's interest.
33 Mr. Finucane asked the Minister for Foreign Affairs if he will outline his views on whether the proposed article 3 (B) of the Treaty of Maastricht on subsidiarity, (1) can be used to legally limit the scope of action of the Community and (2) is in Ireland's interest.
44 Mr. Harte asked the Minister for Foreign Affairs if he will outline his views on whether the proposed article 3 (B) of the Treaty of Maastricht on subsidiarity, (1) can be used to legally limit the scope of action of the Community and (2) is in Ireland's interest.
52 Mr. Lowry asked the Minister for Foreign Affairs if he will outline his views on whether the proposed article 3 (B) of the Treaty of Maastricht on subsidiarity, (1) can be used to legally limit the scope of action of the Community and (2) is in Ireland's interest.
53 Mr. Hogan asked the Minister for Foreign Affairs if he will outline his views on whether the proposed article 3 (B) of the Treaty of Maastricht on subsidiarity, (1) can be used to legally limit the scope of action of the Community and (2) is in Ireland's interest.
I propose to take Questions Nos. 11, 32, 33, 44, 52 and 53 together.
Article 3b of the Treaty on European Union provides that the Community shall act within the limits of the powers conferred on it by the Treaty and that action by the Community shall not go beyond what is necessary to achieve the objectives of the Treaty. The Article sets out the principle of subsidiarity in the following terms:
In areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the principle of subsidiarity, only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community.
The effect of this is that the Community is to act only where it can do so more effectively than can individual member states acting alone.
Article 3b falls within those parts of the Treaty for which the European Court of Justice has jurisdiction. It will therefore be possible for the court to adjudicate on the principle of subsidiarity.
I believe that this principle, properly applied, is in Ireland's interest and that the definition of subsidiarity is not too restrictive. It will not impede the evolution of the Community and will not undermine the operation of Community policies. It represents a reasonable compromise and it is sufficiently flexible to allow for the continued dynamic development of the Community.
I wish to ask one brief supplementary question, as I know that my colleague, Deputy Connor, is anxious to have the next question taken. Does the Minister not recognise a real danger that this principle may not be, in his words, "properly applied" and that the thinking behind subsidiarity as enunciated in the 1891Rerum Novarum may not be the thinking applied? Would he accept that there is an active danger that member states of the Community who want to restrict the development of the Community and who want in particular to restrict the Community budget may use, or perhaps abuse, this provision to reinforce their case for a tighter Community budget, which is not in Ireland's interest?
As with everything else, the possibility does exist. I understand that the Government drew attention to it during negotiations. However, the principle of subsidiarity is sufficiently flexible in the Government's view to allow it to achieve what it seeks to do. I do not consider that the dangers as articulated by Deputy O'Keeffe are particularly high.
I am little worried.
Would the Minister agree that the principle of subsidiarity needs to be applied in a way that ensures that the benefits of Community decision making are applied across the board to all citizens of the European Community and cannot be used by national governments to restrict, for instance, the application of beneficial social decisions at Community level?
I agree with the Deputy that the principle as enshrined should be seen to be applied in an evenhanded, fair and just fashion.
