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Dáil Éireann debate -
Tuesday, 30 Jan 2001

Vol. 529 No. 1

Ceisteanna–Questions (Resumed). Priority Questions. - EU Treaties.

Bernard J. Durkan

Question:

87 Mr. Durkan asked the Minister for Foreign Affairs his proposals regarding the ratification of the Nice Treaty; and if he will make a statement on the matter. [2372/01]

The treaty agreed in December by the Heads of State and Government of the European Union at the European Council in Nice will be formally signed on 26 February in Nice by the Foreign Ministers of the member states. All member states are committed to ratifying the treaty by the end of 2002, thereby preparing the Union for enlargement to take place, subject to the satisfactory completion of negotiations, at any stage from 2003 onwards.

The treaty marks the completion of a significant phase of the Union's activity. The decisions taken with regard to reforming the institutions and decision-making procedures will equip the Union to cope with the demands of enlargement, and to continue to operate efficiently and effectively with a significant increase in its membership. From a national perspective we have an obvious interest in the success of enlargement and in ensuring the appropriate functioning of an enlarged Union. We can draw encouragement from the satisfactory outcome at Nice in this regard.

While no delegation achieved all its objectives, the overall outcome was a balanced one from our perspective. In particular, we are pleased that it was possible to maintain our position on taxation, which will continue to be decided by the Council on the basis of unanimity. At the same time, qualified majority voting was extended in some 30 areas where it will assist the decision-making process in an enlarged Council. The treaty also sees a development of the arrangements allowing closer co-operation between groups of member states, accompanied, however, by important safeguards to guard against fragmentation of the Union.

As the Deputy will be aware, the position with regard to the Commission is that each member state will continue to nominate a member of the Commission until membership of the Union reaches 27. At that point, there will be a rotation arrangement on the basis of strict equality among member states. I believe that, having ensured that all member states will be treated equally, we were right to accept the package and to allow the enlargement of the Union to proceed on schedule. The agreement on re-weighting, while giving effect to the Amsterdam Protocol by increasing the weight of the larger states, also provides that any decision must have the support of a majority of member states, a valuable safeguard for smaller countries.

With regard to ratification, I have said from the outset that our approach to these negotiations was to seek the best deal for Ireland, and the Union, and, thereafter to assess the procedures required for ratification. The question of a referendum is obviously a priority consideration in that context. As I said earlier, the treaty will be signed on 26 February at which time the final legal text will become available, and the Attorney General will be in a position to give formal advice on the requirements for ratification.

Has the Minister received an indication from his EU colleagues regarding the degree to which member states will respond positively, by way of ratification, to the treaty? Will ratification be forthcoming in the near future, particularly in light of what occurred during previous debates such as that which obtained in respect of the introduction of the euro?

It appears that Ireland is the only country considering holding a referendum to approve ratification and that a parliamentary procedure only will be required in other member states. Enlargement is due to begin at the end of 2002, so we have until that date to ensure ratification takes place, that the process can proceed and that applicant states can become members. As the Taoiseach outlined earlier, while we have until the end of 2002, it would be his intention, should the formal advice indicate that a referendum is required, to hold such a referendum during the course of this year.

Regardless of whether each member state should hold a referendum, have concerns been expressed regarding the degree to which the treaty will receive popular acclaim? Does the Minister foresee a possibility that a two-speed Europe will develop in the event of the failure of member states to proceed with one objective?

What emerged from Nice is that there is political consensus for the 15 to move forward. The treaty represents political agreement by the Governments. While there are various institutions within the Union, such as the Commission or the European Parliament, which had views on what they believed should have been the result of the negotiations, in the end it was the Heads of State and Foreign Ministers of democratic Governments who provided the legitimate framework for the signing of this treaty. As already stated, the treaty will be ratified by most member states by means of a parliamentary procedure alone while Ireland may possibly require such a procedure and a subsequent referendum.

I do not accept the position of institutions which had a particular view on these matters and on how their roles might be enhanced. As representatives of national Governments, we had to balance these competing interests to ensure the European Union can proceed with its enlargement process – the political commitment made in Helsinki in the first instance. That is what we have done and the treaty represents a political consensus. There are many political theorists and people who observe political affairs who would question the outcome in certain respects. However, as already stated, it represents a political consensus and it is the basis upon which agreement was reached between the 15. That was no easy task.

Both Portugal and France are to be thanked by the remainder of the member states for the burdensome and onerous task they undertook in this regard during their holding of the Presidency. As the Deputy is aware, there was a failure to reach a consensus at Amsterdam and we had to hold an Intergovernmental Conference in the past year to resolve the difficulties that arose.

The six minutes allocated for this question have expired.

I am about to conclude. The political imperative is to proceed with enlargement, which will be an historic opportunity for Europe. That broad political aim and objective is shared by everyone in Europe, member states and applicant countries alike.

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