Vol. 517 No. 6
140 Mr. Kenny asked the Minister for Foreign Affairs if his attention has been drawn to concerns that the proposed European Charter of Fundamental Human Rights may override national constitutions; and if he will make a statement on the matter. [10812/00]
The Cologne European Council decided that a body, now known as the convention, comprised of representatives of the Heads of State and Government, of the President of the Commission and of the European Parliament and national parliaments, should be established to elaborate a draft charter of fundamental rights. The convention has been tasked to present a draft in advance of the December 2000 European Council. The convention has been meeting regularly, in both formal and informal sessions, to discuss elements for inclusion in the draft charter. The Taoiseach's representative at the convention, Deputy O'Kennedy, along with his alternate, has kept the Government fully informed about the discussions.
The large and disparate membership of the convention has resulted in the expression of a wide range of views and approaches in regard to the proposed charter. One of the fundamental issues which has yet to be resolved in the convention is the scope of the application of the charter, whether in respect of the Union only, and in respect of all or only some of its activities, or in respect of the member states also. It is important in this context to note that the Convention is tasked with formulating a draft charter; it will be for the Heads of State and Government at the European Council in December 2000 to approve the draft.
The Government has indicated a preference for the charter to take the form of a political declaration rather than a legally binding text.
