Amendment No. 1 in the name of Deputy Michael D. Higgins. Amendment No. 5 is consequential on amendment No. 1 and they may be discussed together, by agreement.
European Communities (Amendment) Bill, 1998 [ Seanad ] : Committee and Remaining Stages.
SECTION 1.
I move amendment No. 1:
In page 3, subsection (1), line 18, after "and" to insert "1.14 to 1.16 (in so far as they amend any provision referred to in paragraph (p) of this definition) and".
The content of the amendments is broadly similar to that of other amendments. The amendments are more inclusive and straightforward, incorporating the spirit and text of the treaty into law rather than creating an impression that it has been partially incorporated.
The Government does not propose to accept these amendments. The amendments propose to make the changes to Articles N, O and S of the Treaty on European Union, or the Maastricht Treaty as it is commonly known, part of the domestic law of the State. The changes made to these articles, however, by the Treaty of Amsterdam are not changes of substance and I will explain the reason. The changes are as follows. Article N of the Treaty on European Union deals with amendments to that Treaty. The change made to Article N by the Treaty of Amsterdam consists simply of removing the requirement to hold the 1996 intergovernmental conference.
The change made to Article O by the Treaty of Amsterdam deals with who may apply to become a member of the Union and how this shall occur. As with previous enlargements, in the event of further states becoming members of the Union, an accession treaty would be negotiated and in due course ratified by Ireland. At that future stage the European Communities Act, 1972, would again be amended to take account of the changed membership. The change to Article S provides that the Finnish and Swedish language versions of the treaty shall be authentic. This has been provided for by the European Communities (Amendment) Act, 1994, which dealt with the accession of Finland and Sweden to the EU.
I am at a loss in regard to the Minister's last point about an anticipated change in the 1972 Act. Surely it is better to deal with what is in front of us rather than wait in anticipation.
Previous treaties did not provide adequately for accession. and amending the Act to take account of changed membership is the most appropriate way to proceed.
Amendment put and declared lost.
Amendment No. 2 in the name of Deputy Michael D. Higgins. Amendment No. 6 is consequential on amendment No. 2 and they may be discussed together, by agreement.
I move amendment No. 2:
In page 3, subsection (1), line 18, to delete "12" and substitute "15".
This is a straightforward, inclusive amendment and I will not waste the time of the House referring to it.
Question, "That the figure proposed to be deleted stand", put and declared carried.
Amendment declared lost.
Amendment No. 3 in the name of Deputy Michael D. Higgins. Amendment No. 7 is consequential on amendment No. 3 and they may be discussed together, by agreement.
I move amendment No. 3:
In page 3, subsection (1), line 18, after "with" to insert "the Annex to the Treaty referred to in Article 12.1 thereof in so far as it relates to the treaties governing the European Communities as defined by this subsection and".
The principle I am interested in is that the text of the treaty be transmitted into law in as complete a form as possible rather than creating an impression that it is being done partially.
The Government does not propose to accept these amendments because they are unnecessary. Articles 12 of the Treaty of Amsterdam deals with the renumbering of the articles, titles and sections of the EU and EC treaties. This article in its entirety is made part of domestic law by the Bill before us. Article 12.1, which refers to the annex containing the renumbering of articles of the EU and EC treaties, is therefore already covered and does not need to be singled out separately.
Amendment, by leave, withdrawn.
Amendment No. 4 in the name of Deputy Michael D. Higgins. Amendment No. 8 is consequential on amendment No. 4 and they may be discussed together, by agreement.
I move amendment No. 4:
In page 3, subsection (1), to delete lines 19 to 26 and substitute "second to thirteenth Protocols annexed thereto,".
I hope the Minister will accept these amendments which incorporate the full list of protocols.
The Government does not propose to accept those amendments which appear to be stylistic in intent rather than designed to change the substance of the Bill. They seek to change the way in which the protocols are referred to in section 1. The protocols to the Treaty of Amsterdam, however, are not numbered, they are identified in groups by reference to the treaty or treaties to which each protocol is annexed. The formulation proposed by the parliamentary draftsman in the Bill reflects precisely the way the protocols are identified in the Treaty of Amsterdam.
Amendment, by leave, withdrawn.
Amendments Nos. 5 to 9, inclusive, not moved.
Title agreed to.
Bill reported without amendment, received for final consideration and passed.