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Dáil Éireann debate -
Wednesday, 30 Jun 2004

Vol. 588 No. 3

European Council Meetings: Statements.

I chaired the European Council and the Intergovernmental Conference meetings held in Brussels on 17 and 18 June at which I was accompanied by the Minister for Foreign Affairs, Deputy Cowen, and the Minister of State with responsibility for European Affairs, Deputy Roche. The conclusions of the European Council and a consolidated version of the treaty establishing a constitution for Europe have been laid before the Houses of the Oireachtas. The major outcome of the meeting was clearly the agreement on the constitutional treaty which marked a milestone in the development of the European Union.

Before addressing the issues on which our agreement was forged, I note that the process which led to the 18 June agreement on the treaty to establish a constitution for Europe characterised the best of the European Union. Each participant in the negotiations arrived at our meeting in Brussels on 17 June with the political will necessary to achieve agreement and engaged in positive and constructive dialogue. Every participant listened to and made significant efforts to understand the concerns of others. Even where concerns were not shared, they were understood and everyone was willing to make the accommodations necessary to allow agreement to emerge. All parties left the negotiations knowing their concerns had been listened to and that every effort had been made to accommodate them. At the conclusion, each participant could justifiably claim the proposed European constitution as his or her own and recognise that his or her imprint was firmly etched on the text.

All parties were in a position to return home to begin the process of explaining the provisions of the European constitution comfortable in the knowledge that their interests and the interests of every other participant were reflected in the text. They were bringing home a constitution which in all its essentials retained the integrity of the European Convention outcome. Given that accommodating everyone's essential interests is the way the European Union does its business, our negotiations on the constitutional treaty constituted a classic EU exercise. Our collective success was particularly noteworthy as this was the first major test of the newly enlarged Union of 25 member states. The successful conclusion of these complex and critical negotiations proved that with political will, accommodation, compromise and hard work our enlarged Union can continue to forge win-win solutions for all member states and the people of Europe. Working together, we can continue to succeed for the European Union and all Europeans.

Our success in agreeing the European constitution constitutes a success for the people of Europe. The constitution brings the EU's basic law into one document for the first time and reflects the needs of a community of nations which has dramatically broadened its membership. That community will continue to expand and face new challenges into the future. The European constitution will enable the European Union to become more transparent and democratic. It sets out clearly the powers of member states and the EU and enshrines the fundamental rights of the citizen in the context of the Union's institutions. The constitution will enable the European Union to operate more efficiently and effectively and provide a framework in which the Union and all its people can grow and prosper into the future.

I propose to set out for the House the process which led to the agreement, the main issues which remained outstanding as our meeting began on 17 June, the solutions found and the manner in which negotiations on the constitution dealt with those areas of the Convention text which were priorities for Ireland.

After the failure to agree at the December 2003 European Council, I consulted, assessed and reported to the March European Council on the prospects for progress in the Intergovernmental Conference. On foot of this report, the European Council reaffirmed its commitment to reaching agreement on the European Union Constitution and decided to do so no later than the June European Council. This pledge of political will to reach agreement during our Presidency was crucially important.

In the period between the European Council meetings in March and June, formal negotiations resumed in the Intergovernmental Conference. Three ministerial level meetings of the IGC were held and an intense series of bilateral meetings continued during this period. I travelled to meet every one of my counterparts on the European Council in their capitals during May and June. These meetings allowed me to hear at first hand the views and concerns of my colleagues and to propose possible solutions to many of the issues they raised. Our officials continued to meet throughout the period, collectively or bilaterally.

During the course of the negotiation we made it clear that nothing was agreed until everything was agreed. However, our objective, building on the excellent work of the Italian Presidency, was to move as many issues as possible from the open to the closed category. The ministerial meetings of the Intergovernmental Conference, chaired by the Minister for Foreign Affairs, Deputy Cowen, succeeded in moving off the negotiating table many issues on which we believed we had found solutions. In particular, they succeeded in reaching a broad understanding of where the deal would lie on the scope of qualified majority voting and unanimity.

By the time of our meeting on 17 June, we were left with only a small number of highly sensitive issues. These included the size and composition of the Commission, the definition of qualified majority voting, the number of European Parliament seats and a range of non-institutional issues of concern to specific participants.

Negotiations continued through 17 and 18 June. In addition to plenary meetings, we had an intensive set of bilateral meetings. Eventually, late on 18 June we circulated a text proposing solutions to the remaining outstanding issues. At a short reconvened meeting of the IGC all participants indicated their agreement on the basis of our proposals. It was a moment of deep satisfaction for me, for my ministerial colleagues, and for our entire delegation. We felt we had achieved a good outcome for the Union and had underscored Ireland's capacity to play a valuable role at its heart.

I will now outline the solutions found on the main outstanding issues. On the European Commission, it was agreed that each member state will nominate a Commissioner until 2014. From then on, unless the European Council acting unanimously decides otherwise, the number of Commissioners will correspond to two thirds the number of member states. Membership of the Commission shall be on a strictly equal rotating basis, in line with what was already agreed at Nice. The Intergovernmental Conference also agreed a declaration on the Commission, intended to ensure consultation and transparency in Commission decision making when the Commission is reduced in size. Overall, this is a balanced arrangement, which reconciles the twin needs for efficiency and political legitimacy.

The solution found for the definition of qualified majority voting was to increase the member state and population thresholds in the convention text by 5% each and to add a number of safeguards. As a result, a qualified majority will require 55% of the member states, comprising at least 15 of them, and representing at least 65% of the population of the Union. A blocking minority must include at least four member states. In addition, a safeguard mechanism may be invoked by a substantial minority group of member states to allow more time to work for consensus at Council. This outcome reflects the particular concerns of certain member states, while creating a voting system which will be more transparent and effective than that agreed at Nice.

The solution found on the number of European Parliament seats was to increase the minimum number of seats allocated to six, to limit the maximum allocation of seats to a member state to 96, and to increase the total number of seats in the European Parliament from 736 to 750. The specific decision on the allocation of seats per member state will be taken by the European Council before the elections in 2009 on a proposal to be made by the European Parliament. This meets the special concerns of the smaller member states, while allowing enough future flexibility for reallocation if needed.

The non-institutional issues that required negotiation up until the end covered a number of economic governance issues, some of which emerged at a relatively late stage and a range of issues of specific interest to one or a small number of delegations. In the end, satisfactory solutions were found to all of these issues.

Ireland had a number of negotiating priorities in the Intergovernmental Conference on the text that emerged from the European Convention. Satisfactory solutions were found to all our priorities in the course of the Intergovernmental Conference. There was no issue of concern to Ireland outstanding as the negotiations entered their final stage.

On taxation, we maintained a long-standing and well known position of requiring voting by unanimity in this critical area. We were successful on that. In the criminal law area, we wanted to enable the Union to act more effectively against serious cross-border crime, while ensuring that fundamental aspects of our legal system were respected. Again we were successful.

In the security and defence area the outcome, which we negotiated during the Italian Presidency last year, also represents a significant success. In the negotiations we wanted to ensure that there would be no automatic commitments in breach of our traditional policy of military neutrality. At the same time, we wanted to ensure that the Union could be more effective in pursuit of peace and justice internationally, by developing its peace-keeping and crisis management capacities.

With regard to the solidarity clause on natural and man-made disasters and terrorist attacks, which we welcomed, we wanted to ensure that any decisions with military implications would be taken by unanimity and that it would be for each member state to decide how to respond to a request for assistance.

Each of our concerns was shared by one or more member states. I am happy to say that, during the course of the Intergovernmental Conference, solutions to these issues were found. Austria, Finland, and Sweden have all indicated their support for the result in this area. The outcome of the negotiations means there is no change in Ireland's security and defence policy. On all our principal negotiating objectives, therefore, we achieved what we set out to achieve.

The preamble to the European Constitution refers to Europe's religious inheritance. An issue that arose in our discussions, nonetheless, was the possibility of agreeing an enhanced reference to God or to Europe's Christian inheritance in the preamble. I favoured an enhanced reference. At the same time, I was adamant that such a reference could only be achieved through a genuine consensus. This was not an issue that should be divisive among the member states. In the end, no agreement was possible on an enhanced reference. However, we managed to ensure that Article 1.51 of the Convention text remained intact. This article is very important as it not only recognises the status of the churches, but establishes an open, transparent and regular dialogue with them. Both the Holy See and the Conference of European Catholic Bishops, while they would have liked an explicit reference to Christianity, have warmly welcomed the successful negotiation of the European Constitution.

In addition to a successful Intergovernmental Conference we had a useful and productive European Council meeting. As Members know, it was not possible to reach a decision on the appointment of the President of the Commission at the European Council. Following further consultation and a meeting yesterday of the Council at the level of Heads of State or Government, we have now agreed that the Prime Minister of Portugal, José Manuel Barroso, will be nominated as President of the Commission to succeed Romano Prodi. Prime Minister Barroso has agreed to accept the nomination.

José Manuel Barroso will be an excellent President of the Commission as he has all the qualities of vision and decisiveness required to do the job. On a personal basis, I am delighted with his appointment as I regard him as a personal friend and know that he is, and will remain, a friend of Ireland.

Our meeting of the European Council on 18 June was addressed by the President of the European Parliament, Pat Cox. As this was his last appearance at a European Council meeting, significant tributes were paid to the constructive role that he played in the European Parliament in advancing the legislative agenda in partnership with the Commission and the Council. On a personal basis, I take this opportunity to thank him for the advice and support he has given to me, in particular during the six months of the Irish Presidency.

Following our exchange with Pat Cox, we had a discussion on terrorism. Our discussion was a follow-on from our meeting in March in the wake of the terrible terrorist bombings in Madrid, at which meeting we adopted a declaration on terrorism. At our recent meeting we reviewed the significant progress made. For example, in the 12 weeks between the two European Council meetings we adopted a directive on compensation to crime victims, we agreed an approach to the mutual recognition of confiscation orders, we re-established the Europol counter terrorism task force and we made substantial progress on establishing a European borders agency.

The European Council also reviewed our plans to continue to work on the full range of justice and home affairs issues in response to citizens expectations. It also launched the next phase in developing the Union as an area of freedom, security and justice. Our citizens want ever closer co-operation to fight terrorism and to tackle cross border crime. It is on issues such as these that the European Union gives added value to national efforts. The Union is indispensable in this area, if we are to deliver for our people.

A wide range of other issues are dealt with in the conclusions of the European Council. These include a call on the European Commission to establish a European gender institute, the provisional conclusion of accession negotiations with Bulgaria, the decision to open accession negotiations with Croatia in early 2005, and a wide range of international issues.

I want to highlight one issue in particular. I was especially pleased that the European Council agreed that the European Union would continue to support the Northern Ireland peace process. On foot of the conclusions of our meeting, the European Commission will now examine how the PEACE II programme and the International Fund for Ireland can be aligned with other Structural Fund programmes ending in 2006. This agreement provides a basis for extending the programmes for a further two years from the end of this year. The conclusions of the European Council meeting represent the substantial body of work that has been advanced during the course of the Irish Presidency. I would like to take this opportunity to thank my Government colleagues for their efforts over the past six months.

We are now in the final day of our Presidency. Tomorrow, at the National Forum on Europe, I will launch a report on Ireland's Presidency of the European Union, January to June 2004. I will arrange to have this publication circulated to all Members of the Oireachtas. At the beginning of the Presidency we set ourselves the challenge of keeping our citizens fully informed and engaged in regard to European Union developments, which affect our lives in so many ways. I hope that the transparent and open manner in which we have conducted the Presidency will be seen to have lived up to that challenge.

The report shows that while the enlargement of the European Union and agreement on the constitutional treaty stand out, we made progress during our Presidency across the broad range of the European Union's policy areas. In some cases we exceeded the objectives we set ourselves. Our agenda going into this Presidency was broad and complex. On all the issues, including enlargement, the fight against HIV/AIDS, the establishment of peacekeeping missions, relations with other neighbours and global partners, we have sought to advance the Union's agenda. The conclusions we adopted at the European Council meeting on the 17 and 18 June give some flavour of the range of issues addressed and advanced. We also made significant progress in advancing the Union's economic, social and environmental agenda. In addition to our emphasis on jobs in the Lisbon Agenda process, Health Ministers, for example, delivered on the European health insurance card and Environment Ministers agreed measures to address climate change. In the justice and home affairs area, in addition to the terrorism issues addressed at the European Council earlier this month, a very significant body of work was completed on immigration, asylum, police co-operation, crime and action against drugs.

In the international area, the Presidency worked to develop the Union's relations with the wider world. I chaired five summit meetings during the course of the Presidency with Canada, Russia, the Latin American and Caribbean countries, Japan, and most recently last week with the United States. I represented the European Union at the G8 summit. The Tánaiste chaired a summit meeting with Switzerland in May and the Minister for Foreign Affairs chaired two foreign ministerial meetings in Ireland with our Asian and Mediterranean partners. In addition, the Minister for Foreign Affairs represented the European Union at over 30 ministerial meetings with key partners all over the world. The vitality of the EU-US relationship was demonstrated by the successful EU-US summit in Ireland at which economic relations and a broad range of international issues were discussed.

During our Presidency we worked to develop the Union's relations with the wider world through the development of policies aimed at promoting a fairer, peaceful and more secure world. We placed particular emphasis on strengthening support for the United Nations system. We also put a renewed emphasis on Africa and the Union's other development co-operation priorities, giving particular attention to the millennium development goals. We made a particular effort to encourage progress in the Middle East peace process, especially through the European Union's participation in the Quartet. While the situation on the ground still gives cause for concern, there is at least the prospect of progress in Israel's planned withdrawal from Gaza.

The figures show that some 80 legislative proposals were concluded with the European Parliament during the Irish Presidency. This represents 20% of all legislation adopted during the European Parliament's five-year term. We also placed emphasis on how to keep citizens better informed and engaged on European Union issues. This will be a continuing challenge and one that is shared across the European Union. I am delighted to see that the Netherlands' Presidency will follow-up on the initiative taken by Ireland in this area.

The member states will now start the process of informing their public about the contents of the treaty establishing a constitution for Europe. We are all committed to ratifying the constitution by 1 November 2006. The time between now and then will enable us to have a discussion in Ireland and across Europe on all aspects of the constitution. I look forward to the opportunity for a lengthy and informed debate. I look forward to it, in particular, because on this occasion we will be able to rely on the text of the constitution.

The constitution sets out the values and objectives of the European Union in a way that the ordinary person on the street can understand. A clause that says that the Union's values are respect for human dignity, liberty, democracy, equality, the rule of law and respect for human rights is a clause that can be clearly understood by everyone. When the constitution states that the Union's aim is to promote peace, its values and the well-being of its peoples, this too will resonate with all our people. I look forward to the lively debate that will inevitably surround the ratification of the constitution. I feel confident that when people become aware of the fundamentally good values in which our Union is rooted, support for the European Union will increase in Ireland and across Europe.

We are now in the last day of our Presidency. I take this opportunity to thank all who have participated in making this a successful Presidency. I particularly thank the Minister for Foreign Affairs, Deputy Cowen, and the Minister of State, Deputy Roche, who spent most of the Presidency in the European Parliament. His was a difficult and time-consuming job, perhaps thankless in some regards because it is not always noted, but he did a really good job. The Minister, Deputy Cowen, also had to undertake an enormous amount of travel.

I also thank all the Ministers, Ministers of State, all our officials at every level and everybody working in the system, whether at home or abroad, whether they be gardaí, people providing security or anybody else. I also thank the main Opposition parties. They had this experience in 1996. They would understand the enormous effort required and appreciate that the results help the cause of this country. I do not believe the Presidency will come around for Ireland again for probably 15 years, unless things change. The year 2019 will probably be the next time Ireland will hold the Presidency and it will be different then because there will be a Union Foreign Minister and a President of the Council. We can say with some satisfaction this was a job well done and I thank everyone who participated and helped to make that possible.

It is not usual in the House to give credit where credit is due, but I warmly congratulate the Taoiseach and the Government on achieving agreement on the constitutional treaty. It is something of which the Taoiseach can be truly proud. I am sure the House would agree that this achievement is a testament to the Taoiseach's negotiating skills, which, we are told, are legendary. I congratulate the Minister for Foreign Affairs, Deputy Cowen, in particular, and the Minister of State, Deputy Roche, and the members of the Cabinet. I was a member of a Cabinet, which participated in the last Presidency. It is a pretty time-consuming and onerous responsibility for any Minister.

When the Taoiseach mentioned the next Presidency, I was reminded of his involvement on 1 January this year at a flag-raising ceremony in the square in Dublin Castle. Just before he stood to attention for the national anthem, Royston Brady's brass band came down the street playing "Yankee Doodle Dandy".

I remember.

The Taoiseach will recall that events have moved on since that stirring musical intervention.

So has Royston.

I recall attending one of the EPP meetings in Brussels during the Italian Presidency where these very matters that were outstanding and causing difficulty came up for discussion. At the end of an interminable round of waffle about how it should be sorted out, people said that we should leave this to creativity and the imagination of Silvio Berlusconi. Obviously, the Italian imagination was not able to deal with this matter in the way that Irish diplomacy was able to do so. I again congratulate the Taoiseach on that.

I also commend the legion of Irish officials whose brokering skills and diplomatic authority won over those EU members who remained recalcitrant. During the last Irish Presidency I was privileged to be a member of the then Cabinet and experienced first hand the tremendous talent and huge capacity for hard work of our public servants. They are the unsung heroes of this particular treaty negotiation and of the efficient management of this latest Irish Presidency. As a nation and a people, we owe them a debt of gratitude.

I think the Taoiseach would agree that, thanks to the Convention on the Future of Europe, the procedure for preparing this treaty made reaching final agreement on it vastly easier than was the case with previous treaties. Valery Giscard d'Estaing brought together representatives of each state parliament, each state government, the European Parliament and EU institutions to greatly minimise the inevitable intergovernmental wrangling at summit meetings, and this welcome development will come into play in the preparation of all future treaties.

I also pay tribute to all the members of the Convention for the valuable work they did in producing the draft treaty for submission to the Intergovernmental Conference. I pay particular tribute to a member of my party, Deputy John Bruton, who, as a member of the Convention's praesidium, played such a crucial role in developing the draft treaty. I am not sure if they were spurred on by Monsieur d'Estaing's assertion, inspired by the founding fathers of the US and the Philadelphia convention, that "This is what you need to do if you want people to build statues of you on horseback in the villages you all come from."

We should pay particular tribute to Pat Cox, to whom we owe a debt of gratitude. His presidency of the European Parliament was exemplary. His work for Ireland was superb and in all matters relevant to Europe and this movement he performed his duties admirably.

As a committed European, I am pleased that the new treaty extends further power and influence to the European Parliament. Today, I am proud to speak as leader of the Fine Gael Party because its five MEPs will have substantial leverage through their membership of the new Parliament's biggest and most powerful political family, the European People's Party.

Overall, however, I believe this constitutional treaty will be Europe's moment of truth. Agreeing the treaty may be one thing, but adopting it is another. Getting the people of Europe to adopt it — I very much hope they will — is the challenge that we, the politicians of Europe, nowface.

In truth, the treaty turned out to be neither the tidying-up exercise envisaged by Britain nor the capstone of the federal state proposed by the Belgian Prime Minister, Guy Verhofstadt. Instead, the document, complete with its brake-accelerator mechanism, reflects what has been described as "the EU's unique hybrid nature: partly a federal union of citizens with federal institutions; partly an inter-governmental organisation rooted in member states." It represents an important step in bringing the EU closer to its citizens as it draws together the main provisions of all existing treaties into a single document. I hope the Taoiseach's nomination of José Barroso as President of the Commission and the latter's acceptance of the position will add greatly to that. I watched his body language over recent weeks at European People's Party meetings and those on the margins of those meetings indicated that both he and Prime Minister Schussel were serious candidates. I am glad Mr. Barroso has accepted the position and has received such support.

This House is well aware of the provisions of the document itself. Among them are a provision for a full-time President of the European Council and a Foreign Minister with his or her own dedicated diplomatic corps. Therefore, let us address the issues this complex treaty document signifies as opposed to its provisions themselves. Perhaps for the first time in the history of the European Union it is the signified and not the signifier per se that is the challenge for the politicians and the people alike.

With the newly-adopted treaty, the EU can no longer be regarded and therefore can no longer be sold to the electorate as some innocuous economic club, owned by the Governments of the various member states. Instead, the treaty signifies the EU as a political and legal entity of its own, with all that implies. The political dimension of the EU, as opposed to the social or economic dimensions, has become increasingly evident in recent years, yet here in Ireland we have failed to address the development of that dimension. It has been positively ignored and avoided.

There is absolutely no doubt that the EU is good for Ireland economically and socially, and that it should continue to be so. However, at this stage of acute transition in our Union, the economic argument is no longer the main argument. With the treaty, the argument becomes primarily political. In two years' time, when we vote on this treaty, we will answer one distinct question — Europe, are we for it or against it? How Ireland will answer will depend largely on how we, the politicians, engage with the public and communicate Europe and the political argument therefor to the electorate.

With voter turnout in new member states running at 28%, and at 45% among the old-timers, we now hear that Europe is lacking a brand. There is, of course, some element of truth in that. However, I agree with the British MEP who said recently that we cannot try to sell the EU like some sort of washing powder. Rather, we need to engage in something far deeper than a rebranding exercise. For me, that "something far deeper" is raw politics.

Romano Prodi said after the elections that we must respond to the disenchantment of our citizens, and he is correct. However, our response must be at a higher level, beyond the traditional sell of pure economics, one-way benefit and the prospect of "What's in it for me?". As JeanMonnet put it, Europe is not a product but a process. Reducing Europe to the level of consumerism will not get us to where we need to be. We have a better chance with politics, which involves examining, debating, interpreting and re-interpreting what it is to be Irish and European, particularly, as I have said, at a time of growth and transition in the EU.

The tradition of individual rights is one of the great realisations of European civilisation but there is a danger for Europe and the EU when we start to ring-fence the rights and demands of the individual state without thinking about how they connect with the needs and the good of the whole. Therefore, at this stage in Monnet's process, it is time to communicate Europe and what it is to be European in a way that involves duty as well as rights and in a way that relates the good of the individual state to the greater good of the larger group. If we do not do so, we will begin to erode the political process and will do so at a crucial juncture.

Politics is all about recognising and respecting the other. Accommodating the other and compromising for the other within our diverse Union are what will be demanded of us more and more in the years ahead. I regard recognition, respect, accommodation and compromise as comprising both the human and humanising process of democratic politics. Given people's attitude to the EU, it is a process that people perceive to be missing. It is on how we explore and facilitate that human process that achieving agreement on the treaty rests, at home and everywhere else in the Union. The Union cannot survive if individual states become alienated from the centre of the Union, neither can it survive if the individual voter, the person, becomes totally alienated from what Europe is supposed to be. Therefore, we must address these people not just as voters but as individuals, each with his or her personal hopes, dreams, ambitions and fears. We must give them a reason to think about Europe, to debate the European ideal, to discuss their complex identity and their attachment to their country and continent in a new and meaningful way.

This is why we need to explore the higher ideal, the bigger picture. Selling this treaty could prove to be a way to redress the "dumbing-down" of politics, the slavish pandering to the lowest common denominator that has occurred on so many occasions over the past 30 years.

In many ways, too, we must overcome our history. Historically and geographically, Ireland never had a shared sense of Europe, which involves a shared memory of the Inquisition, Napoleon, fascism and two world wars. However, as an island nation, we have been almost obsessively outward looking since the Dark Ages. It is not for nothing that we have produced a disproportionately high number of Nobel laureates for literature. In addition, despite our somewhat separate history, there is something we share with Europe other than our appreciation of the arts, namely, political happiness. This is a relatively new idea for us both.

Today, it is impossible for nations to live in isolation. We are all connected to the other. Europe has reached a time of self-examination, a time to take stock of who we are and where we are going as a community economically, socially and, crucially, politically. In the past, Europe has not just been split but sidelined in what were transforming moments of world history, including the two Gulf wars, for instance.

I am fully in favour of Europe's developing a common policy of security and defence. I am equally fully in favour of Ireland's being part of the negotiations that make up the architecture of that policy. Now that the elections are over, the Government, in its own time, should afford us the opportunity to have a debate on neutrality. Ireland is not neutral. It is unaligned and is the most vulnerable and helpless country in the EU. As has been pointed out by Deputy Gay Mitchell on many occasions, if Ireland were attacked tomorrow, our first call would have to be to NATO, an organisation of which we are not even a member. When it comes to Europe, it is high time we not only exercised our rights as Europeans but looked at how we can fulfil our responsibilities. On this issue, it is time we jolted ourselves out of our island lethargy.

I urge the Taoiseach and his Government to bring the debate on the constitutional treaty to the people in a real way as a matter of urgency. Ireland and Europe cannot afford a repeat of the first Nice treaty referendum where large numbers of people rejected the treaty for the simple reason that the Government was not in a position to explain to them what it was all about in a way they could understand fully and make an informed choice.

We look at the formation of a new group of 31 Eurosceptic MEPs forming a bloc in the Parliament to prevent the treaty being ratified. Over the next two years we will, no doubt, have to endure much Eurosceptic rant here at home too. It is up to us, if we believe in the European ideal, to convince people that Europe is not about steamrolling national identities and homogenizing nations but about celebrating their diversity, that Europe is a place not of endless narrative but of real dialogue and that it is a place of simultaneous contrast and fusion. We must convince the people that Europe is their continent, their parliament, their Union and that they are theirs, ours, at a time of critical transition.

Every era of transition invents new forms — political, social, economic, technological, even philosophical. The map of Europe has changed radically in the past 30 years. What will it look like in 30 more? Will we, as a Union, have achieved and even exceeded the great ambitions outlined in the Lisbon agenda? The question is, do we want to be among the inventors of these new forms or mere observers? How we vote on the treaty will decide.

Referendum failure is not just possible in some countries, it is highly probable. Already, the Eurosceptic tide is flowing in Britain. Margaret Thatcher's Fortress Europe that would steamroll national identities is obviously and curiously alive in a section of British society. Equally, I know from discussions with my colleagues in the European People's Party, that a "no" vote may well ensue among some of the new member states who will have great difficulty in ratifying the constitutional treaty.

It is up to countries like us to take the lead and renew our commitment to the European ideal. It is thanks to that ideal that this generation can cross borders that for their parents and their parents before them remained firmly closed and which, in some parts of Europe, people gave their lives to cross, literally and metaphorically. As the world knows to its cost, borders of the mind remain and I would like to see the new enlarged Europe help break them down. At one of our recent EPP meetings most of the leaders and prime ministers agreed on the fundamental issue that what we have concluded here for Europe is central to the original European ideal of getting away from the wars which caused so much havoc in Europe over the centuries.

The new Europe needs this constitutional treaty to be carried by the electorate if the Union is to function in an efficient and relevant way. We could limp along on our existing legal base, but that is not enough. The treaty is necessary if the Union is to be as flexible, as efficient, as transparent and accessible to the citizens as it possibly can be.

I realise that in some Government quarters we may be bankrupt of useful ideas but the people of Ireland and Europe should not have to pay the price of their being equally bankrupt of ideals. Give the people the information and let us have a real debate. Insofar as we can help that process, this party will be only too willing to co-operate.

The need is urgent. I ask those who say it is not to remember the story President Kennedy once told about a certain French marshall, who, one day, asked his gardener to plant a tree. The gardener objected on the grounds that the tree was slow growing and would not reach maturity for 100 years. "In that case", the marshall replied, "there is no time to lose. Plant it this afternoon."

I wish to share my time with my colleague, Deputy Ruairí Quinn.

Is that agreed? Agreed.

I congratulate the Taoiseach on what he has achieved. The Irish Presidency is to be congratulated for managing successfully to take advantage of an evident renewal of commitment among the governments of the old and the new member states and of certain fortuitous developments, such as the change of Government in Spain, to see the work of the intergovernmental conference brought quickly to a conclusion. Both the finalisation of an agreed text for a constitutional treaty and an agreed nomination for the Presidency of the European Commission in the midst of a remarkable degree of rancour between certain heads of government are noteworthy and are deserving of unbegrudging congratulations.

It is fair too to add that work of the kind could not be undertaken by the Taoiseach alone. The Minister of State with responsibility for Europe and the Minister of Foreign Affairs and his team performed at the highest level throughout the process and represented Ireland with distinction. We are fortunate in Ireland that our diplomatic corps, though among the smallest in Europe, is also among the very best. The Taoiseach and his colleagues were well served throughout this process by dedicated public servants and advisers and it is appropriate that congratulations should also be extended to them.

I do not intend to minimise the achievement of the Irish Presidency when I add, however, that in many ways the real difficulty starts now. Securing agreement among 25 Heads of Government was, no doubt, a complex and difficult task. Securing support for that agreement among the parliaments and electorates of 25 different nations will require vision, leadership, and communications of the highest order.

It remains to be seen, for example, whether the compromise choice of candidate for the Presidency of the EU Commission has those abilities. I understand that the Taoiseach, for instance, has received a letter from Poul Rasmussen, president of the Party of European Socialists, expressing some reservations about the choice of Prime Minister Barroso. Those reservations are not based on personality differences, but on the deeply held view that the next President of the EU Commission must have a number of important qualities. They include proven experience in promoting the European project, a strong belief that strengthening Europe's competitiveness can and must go hand in hand with social responsibility and security, the capacity to communicate the vision of Europe across an enlarged membership and the capacity to better gather diverse political forces in favour of shared European objectives. I recognise that the Taoiseach was anxious to complete the Irish Presidency by bringing forward an agreed candidate. It is to be hoped the right choice was made and that the urgency of completing the task did not in the end compromise the best possible choice.

What has been achieved in the form of a new European constitution deserves to be studied carefully. The operation of the constitution will have direct and indirect ramifications for the welfare of every European citizen from now on, assuming it is ratified. The comments I will make in the course of this discussion are, to that extent, preliminary ones. I make these comments recognising two basic underlying points. First, the constitution as it stands does not transfer any new powers from the member states to the European Union but sets out to make it more democratic and to simplify its procedures. The Union's powers remain limited to those, which are conferred on it by the member states in order to attain objectives they have in common. Second, the constitution does not subvert national constitutions but attempts to provide added value, a stronger European dimension to the rights citizens currently enjoy.

Against that background, the highlights of the new constitution might be summarised as follows: the Charter of Fundamental European Rights will be legally binding; the Union will acquire a full-time President of the European Council, who will be able to co-ordinate the European policy of Governments more efficiently; the Union will acquire its own foreign minister who will be able to instil greater solidarity within the foreign, security and defence policy areas; the President of the European Commission must have the support of a broad majority within the European Parliament; the Parliament will rule on over 95% of EU laws, which is more than double the Nice figure; the Council will be able to rule on 95% of EU legislation by majority voting, which is almost double the Nice figure; the EU's legal capacity in the areas of asylum and migration and in the battle against international crime and terrorism has been significantly stepped up; the apportioning of responsibilities between the EU and member states will be arranged more clearly; decision making procedures will be greatly simplified, with their number reduced from 15 down to four; and the Union's legal capacity will be enhanced inside and out. European decision-making procedures will become more democratic and more transparent.

Underpinning these changes is the fact that the change in balance and focus now in prospect for the Union is very significant, even though it may still not be fully appreciated by many of its citizens. Geographically, culturally and in economic terms the enlarged Union will have a new centre of gravity. Disparities of income and development will be sharper and the concept of cohesion will require to be defined afresh. Community policy and the budget will have to be reshaped and there are likely to be new issues as yet unforeseen.

The history of the EU stretching back to the old EEC is one of a succession of changing circumstances coping with enormous challenges. There were the challenges of structurally changing the shapes of agriculture and heavy industry — coal and steel — in the original European Economic Community. There were the development and regional issues that arose with the accession of states such as Ireland, Portugal, Spain and Greece. There was the project of social Europe and the Single Market and there was the enormous ambition of establishing a single currency. The Community, the Union did not flinch from such major projects and it succeeded.

Those successes should not blind us to the enormity of the next project. Success raises expectations in the new states. In addition, the sheer scale of enlargement now accomplished, combined with the level of integration established within the existing Union, makes for a far more complex agenda. There are likely to be new issues as yet unforeseen. There will, of course, be new opportunities, whether in trade and commerce, social intercourse and cultural exchange, as a result of this vast expansion. There is also the gain of stabilisation and peace. That is the point of it all in the end.

One cannot, of course, talk about peace without addressing the continuing issue of the war in Iraq. It may well be the case that the President of the United States, having launched a massive military adventure whose consequences were feared by everyone but himself and the people immediately around him, is now coming to realise that he must make peace, at least with those in the European Union who stood out against this war from the beginning. However, if Europe is to place more emphasis on its future deliberations on the management of situations in the foreign, security and defence areas, it is vital that those deliberations be founded on some level of principle as well as strategic interests. There is a simple and inviolable principle regarding the war in Iraq. The war is wrong and Ireland was wrongto support it through the use of ShannonAirport.

The war was wrong on grounds of international law, wrong on grounds of morality and wrong because it degenerated into an assault against the most basic principles of our common humanity. All over the world people in their millions have condemned with their feet, and in public, the excessive use of military power. Iraqi civilians, children, women and men, have died. Unofficial estimates suggest a figure of 15,000 deaths. Approximately 1,000 youngsters from the US and Britain have also given their lives for this war. The bottom line in all of this, which may well preoccupy Europe in years to come, is that the world has become a less safe place as a result. The war on terrorism has produced more terrorists; the inhuman treatment of prisoners has produced a barbaric response; and the war itself is spilling over into neighbouring countries, with potentially catastrophic effects.

If the new Europe, a massive economic entity, is to face the future with confidence, that entity must be able to develop relationships with the rest of the world that are based on principles of justice and respect. Europe stands between the neo-conservative impulses of some leading American policymakers, on the one hand, and the blind hatred of some in the Muslim world on the other. That is a potentially lethal mix, some of the consequences of which we have already seen. Unless there is the beginnings of a new dialogue and draconian security is accompanied by a commitment to justice and solidarity, and unless the alienation of the entire Muslim world is recognised and understood, far worse consequences lie ahead of us. As I said earlier, we will no doubt debate these issues many times.

Ireland will make its decision on the European constitution by way of a referendum of the people and we will need to debate the constitution in detail in that context. Before I conclude, however, let me draw attention to one welcome and positive development that I mentioned earlier, namely, that the European Union Charter of Fundamental Rights will be legally binding. The charter sets out in a single text, for the first time in the European Union's history, the whole range of civil, political, economic and social rights of European citizens and all persons resident in the EU. These rights are divided into six sections — dignity, freedoms, equality, solidarity, citizens' rights and justice.

The right to human dignity, to the integrity of the person, to protection from discrimination, to fair and just working conditions and many others are set out in the charter in clear and accessible language. Putting the charter into the constitution and giving it legal effect in terms of principle, is a fundamental step. Putting flesh on the bones of those principles and turning idealistic commitments into legislative and political action, will take time and political will. Political will involving the determination to make the new Europe work, will be more important than ever in the future. The legitimate demands made by new members, the wider disparities of income in the enlarged Union, and the challenges of immigration and free movement will lead to stresses and strains in the months and years ahead.

The combination of challenges within the Union and grave risks surrounding the Union will require leadership and vision of the highest order. The negotiation of a new constitution, containing as it does the promise that the people of Europe will have a clearer understanding of how the Union works, is a good start. The safe, secure development of a prosperous, fair and democratic Union in the years ahead will demand clearer constitutional language. In that sense, the constitutional developments we welcome today, and that will be debated throughout Europe over the next two years, are the first of many building blocks that are needed.

Let me add to what the leader of the Labour Party has already said by making observations on a number but not all of the areas of importance. First, I wish to be associated with the congratulatory remarks to all involved. On a previous occasion, I congratulated the Minister for Foreign Affairs and I take this opportunity to congratulate the Taoiseach on the extraordinary task he has performed, one, which we doubted was possible to achieve back in January when we started to debate the Irish Presidency. It was, I think, Deputy John Bruton who offered the prospect of a substantial place in history if the Taoiseach succeeded in getting the treaty through and he has succeeded. That is very good for Europe and as the Taoiseach stated in his speech, it is very good for Ireland because we are seen as a country that can make a contribution, not through military strength or massive economic power but by the ability to empathise and relate to others.

The Taoiseach did not do this on his own but without his skills, less would have been achieved. I acknowledge the role of Mr. Valery Giscard D'Estaing and all the people in the Convention, including the Minister of State, Deputy Roche. A great deal of work was done and the way in which the Irish relationship was developed with the smaller member states, particularly the applicant countries, is something that should not go unnoticed.

We should reflect on the ways we can celebrate this Irish achievement because as the Taoiseach rightly said, there will not be another Irish Presidency like this. In fact, when the treaty goes through and I believe it will go through, the role of nation states and the Presidency of the Union must be reviewed in a fundamental way. We are completing today a period of European history that in time must be measured and studied. I hope that the documents, data and memories are being properly stored in the archives, so that in time they can be fully analysed.

There is a realisation among the present Administration in the United States that whatever about winning a military victory, securing a democratic peace in Iraq requires multilateral engagement and co-operation. That lesson is painful for the Americans, particularly for some of those in the current Administration. That anger was manifest in Dromoland Castle.

That some of the Taoiseach's officials saw it at first hand from a United States Administration that was not used to the kind of questioning it received from the RTE journalist, Carole Coleman, is an indication of that. Perhaps through that interview and many others, they will learn that if they want to co-operate with other people, they must be open and co-operative themselves.

The turn has come. Whatever about the past and the war which Deputy Rabbitte rightly criticised, we are where we are now. The reconstruction of a balanced relationship between Europe and America on a raft of issues is essential. Good work was done in Dromoland in that context. There is much more to do, particularly in the area of trade and co-operation in the World Trade Organisation on the Doha round where we must dismantle the subsidies to European, American and Japanese farmers to open up the round for prosperity and peace for emerging countries.

I take issue with what Deputy Kenny said about neutrality and terrorism. He misread, perhaps inadvertently, one of the most significant components in the treaty, namely, the solidarity clause in respect of man-made and natural disasters and acts of terrorism. If, Heaven forbid, we were to be attacked by an act of terrorism, it would not be to NATO we would make the first call but to the institutions of the European Union. What delivery of support and service would be needed would be a matter for the people who have the capacity to so deliver, but the clause is clear. We have now committed ourselves to an act of solidarity to all other 24 member states and the candidate countries of Bulgaria, Croatia, Romania and perhaps even Turkey. It will be to the European Union institutions and not to NATO. If members of NATO wish to offer support through the co-ordination, command structure and integrated communications systems of NATO to deliver the assistance which we sought in the first instance, that would be a matter for them.

I suggest to the Taoiseach and to the House that, in marking this Presidency and this phase in our European evolution, the European flag which was brought in for the commemoration of the Irish Presidency should remain in both these Chambers, in the committee rooms and in every public building such as local authority buildings and county council offices. I suggest that the European flag be placed side by side with the tricolour. This would mark the Irish achievement in bringing home the constitutional treaty but also the permanent recognition that we now belong to a Union of member states as well as the nation of Ireland.

Ba mhaith liom mo chuid ama a roinnt leis an Teachta Ó Snodaigh agus an Teachta Joe Higgins.

I join previous speakers in congratulating the Taoiseach and the Irish Presidency for their work and for the negotiating achievement of a new EU constitution. I wish the new Commission President, the Portuguese Prime Minister, Mr. José Manuel Durão Barroso, well in his new post. Bhí mé den tuairim go mbeadh baill eile san Aontas Eorpach le rialtais eile ag iarraidh buíochas a ghabháil leis an Taoiseach agus leis an Aire, an Teachta Cowen, agus an Aire Stáit, an Teachta Roche, agus na státseirbhísigh a d'oibrigh chomh crua sin le linn na hUachtaránachta. Chuir mé an cheist, agus cuirim arís í, nach mbeadh stádas oifigiúl don teanga Ghaeilge oiriúnach mar chomhartha buíochais? Tá ionadh orm nach bhfuil sé sin bainte amach in ainneoin na rudaí eile ar fad.

The Green Party is not opposed to an EU constitution in principle and, over the coming months, the party will be analysing the final draft agreed at the EU Council and holding a special convention to determine the party's final stance on the issue. However, before the constitution was finalised, we expressed a number of concerns and it does not appear that these have been adequately dealt with.

The Green Party still has concerns about the new position of EU President, as had most participants in the Convention, and the end of rotating EU Presidencies. The new EU Foreign Minister and the loss of a European Commissioner to Ireland in the future are also of concern. We believe this will weaken the influence of member states and our Parliament. We are not convinced that this will rectify the EU's democratic deficit. It will do the opposite instead. However, we welcome the increased powers given to the European Parliament.

Another major issue is that of environmental protection and the pursuit of policies which promote sustainability. A group of environmental non-governmental organisations, NGOs, including Greenpeace, Friends of the Earth, World Wide Fund for Nature, the Climate Action Network Europe, BirdLife International, International Friends of Nature, European Environmental Bureau, and the European Federation for Transport and Environment put together proposals for a green EU constitution. I am sorry to say that there appears to have been little attention paid to their concerns which are shared by the Green Party — An Comhaontas Glas. EU institutions appear to be the main focus of attention rather than policy areas. In the areas of energy, transport, agriculture and fisheries policy, for example, there is a need to ensure that these are pursued in an environmentally sustainable fashion, including strengthening the precautionary and polluter pays principles, encouraging the harmonisation of health, safety, environmental and consumer protection upwards, and ensuring that agricultural production is rationally and sustainably developed. The constitution falls short in these areas.

We are also disappointed that the protocol on sustainable development proposed by Environment Commissioner, Margot Wallström, never materialised. The most upsetting is the retention and promotion of the EURATOM Treaty in a protocol to the constitution. This is an outdated pro-nuclear treaty which should be phased out and not appended to the new constitution.

I note that Austria and Germany have added a declaration calling for a conference to be held of the member states to consider necessary amendments to the EURATOM Treaty and this is a positive development. Why was the Irish Government not party to this declaration? Will the Taoiseach clarify the Government's position on this matter?

The Green Party — An Comhaontas Glas — has always strongly objected to the militarisation of the EU and this constitution certainly does not allay our fears on this score. We take issue with those who argue that this constitution is only a tidying-up exercise which brings together all the previous treaties in a readable, comprehensive format. There are a number of innovations in a broad number of areas and this is particularly the case with EU defence issues. Member states are obliged to progressively improve their military capabilities, an obligation which could cost low defence spending countries such as Ireland a considerable amount of money. A European armaments, research and military capabilities agency is established which is directed at improving the EU's military capabilities and to bolster the European defence industry. Structured co-operation, a two-tiered defence structure, is established for the first time, allowing states to form mini military alliances using the EU's institutions.

The Petersberg Tasks, which list the duties of the EU's rapid reaction force, have been expanded even further, including supporting third countries in combating terrorism in their territories. A military solidarity clause appears to promote the doctrine of pre-emption. We continue to have the major concern that the failure of the EU and its constitution to require a UN mandate for the despatch of the rapid reaction force abroad is an undermining of the United Nations and that the close association and integration of EU defence with the NATO nuclear alliance is wrong. We have long called for the Irish Government to insert a protocol like that inserted by Denmark which would exempt Ireland from the military and defence elements of the EU, including paying for these military developments and operations. We still support such a protocol and the inclusion of Irish neutrality in the Irish Constitution.

What has become of the Irish Government's protocol on abortion, which was annexed to the earlier treaties? Does the Government believe that the welcome Charter of Fundamental Rights, which lists under Article 2, right to life, that everyone has the right to life and no one shall be condemned to the death penalty or executed, replaces the Irish protocol? I would have thought this was a dubious argument given that the 25 member states have signed this constitution yet a number of these states have legalised abortion. Will the Government clarify the position because I know it will be raised in discussions

All the arguments about structures, trade, budget, come to naught if the EU is not made sustainable. I understand the Taoiseach has been under a great deal of pressure and has had little time off. If he has an afternoon or evening off, I recommend he goes to see "The Day after Tomorrow" in the cinema.

Our protocol under Article 43.3 remains unchanged.

I thank the Taoiseach.

Last Thursday, when I raised concern with the Minister about the process involved in concluding this treaty, he complained that I alone had failed to congratulate the Irish Presidency for a job well done. Allow me to clarify. I did not congratulate the Government on the outcome, superficially impressive though it is, because it is not a good deal and I do not congratulate people on bad deals. The Government failed to directly represent Ireland's national interests and instead, in a dereliction of its duty to the people, it relied for six months on the goodwill of other member states' delegations to speak and negotiate on our behalf. Why? The Government was willing to sacrifice the national interest if need be for the international prestige associated with concluding a deal. That is the reason it accepted such a bad deal. Sinn Féin wanted a deal truly worthy of enthusiastic support, one which could unite Irish people and others around a vision for the future development of the European Union. In its thirst for prestige and approval by the large states, the Government wanted a deal for which it could claim credit and thereby enhance its standing, regardless of the outcome or its implications.

I accept the constitutional deal could have been worse in that it could have immediately established a federal united states of Europe, as some people had advocated. Instead, it takes a further step along this route and while it could have been worse, it could also have been much better. For example, we wanted a treaty which would eliminate the democratic deficit, reverse the militarisation of the European Union and, at minimum, accord parity of esteem to the militarily neutral states. We also wanted it to signal an all-out assault on internal poverty in the EU and guarantee social protections, while not only allowing member states the freedom to take whatever steps necessary but also providing a commitment to actively assist them, to achieve internal social and economic equality and inclusion as a matter of top priority.

We wanted a treaty which would guarantee fair trade but, above all, one which would act as a charter for a European Union of equals, in which Ireland could proudly participate without reservation. Instead, we got a treaty which increases the democratic deficit, significantly extends the competence of the EU and confers no real powers on national parliaments to intervene to stop measures prejudicial to the people they represent. In addition, it significantly accelerates the militarisation of the European Union and advances its establishment as a military superpower. Instead of eliminating internal poverty, the treaty will establish the EU as an economic superpower and ensure the market remains king. It is likely to accelerate rather than halt the pressure to privatise basic essential services such as water, health and education. Fundamentally, the treaty retains institutional inequality between member states.

Sin an fáth go ndúirt mé gur dhroch-chonradh é seo. Seo an fáth nach bhfuil agus nach mbeidh pobal an Aontais ag tacú leis seo agus ag tacú le forbairtí an Aontais sa treo seo.

Is trua nár thapaigh an Taoiseach an deis nuair a bhí sé ag déanamh cinnidh maidir le hUachtarán an Choimisiúin bean a roghnú don phost. Níl mé ag caitheamh anuas ar an chinneadh atá déanta aige agus guím gach rath ar Uachtarán an Choimisiúin nua, José Barroso, ach ní raibh aon bhean san iomaíocht agus is trua é sin. Bhí deis ag an Taoiseach a thaispeáint go bhféadfadh sé seasamh dearfach a ghlacadh agus bean a mholadh. Tá an deis aige fós an cinneadh ceart a dhéanamh nuair atá sé ag ainmniú Choimisinéar na tíre seo. Tá a lán ban leis na cailíochtaí cearta ann, roinnt acu fiú ina pháirtí féin agus i bhfad eile níos mó lasmuigh agus tá súil agam go roghnóidh sé bean le taispeáint go bhfuil sé sásta cinnireacht a ghlacadh ar cheist céimeanna dearfacha chun mná a chur chun cinn agus chun an cothrom is ceart a thabhairt do mhná i bpolaitíocht.

I will offer no congratulations on the Irish Presidency. When a distinctive, fresh and dynamic alternative vision of the European Union was needed and wanted by the Irish people, we had instead a lapdog Presidency, one which loyally served the interests of the core states and vested interests and challenged no one on the big issues. While some undoubtedly worthwhile initiatives were associated with the Presidency and deserve credit, overall it was characterised as conciliatory to the major powers, both in the EU and the wider world. In the final analysis, it represented a failure of courage and vision and will be remembered as such.

The Irish Presidency of the European Union is generally being hailed as a success, even a triumph, for the Taoiseach, the Minister for Foreign Affairs and the Government. Why would right-wing political parties throughout Europe, editors of the capitalist owned media, conservative opinion generally, captains of industry and multinationals not regard the Presidency as a triumph for them above all?

After tortuous and hardly edifying horse-trading the Taoiseach has succeeded in installing as President of the European Commission, Senhor José Manuel Barroso, an arch-conservative advocate of a largely untrammelled capitalist market, a supporter of the United States invasion of Iraq — he set the platform for Messrs. Bush and Blair to launch their criminal invasion — and a man who leads Portugal having imposed a regime of severe austerity on the Portuguese working class in the interests of the country's capital. That is not a victory for working people in the European Union. The Taoiseach has succeeded with his colleagues in installing at the top of the European Union a person who is completely at variance with the view of a large majority of Europeans on critical issues, of which Iraq is just one example.

The proposed EU constitution, the final version of which we have not had sight of despite looking for it, consolidates the neo-liberal economic agenda which has been gathering pace for many years in the EU and, therefore, consolidates the drive towards the privatisation of public services. We must still tease out in greater detail the implication of some last minute changes for crucial public services, how the Common Commercial Policy will impact on our public services and the possibility of pressure being applied to privatise increasing numbers of our public services. While some changes were made, we will not know their significance until they are teased out.

The proposed draft constitution the Irish Presidency succeeded in having adopted undoubtedly substantially advances the militarisation of the European Union. It is an outrage that this country is associated with open advocacy of more spending on armaments, weapons of mass destruction and the criminal obscenity by which between €50 billion and €60 billion per annum is already wasted on the production of weapons.

Thousands of European scientists and manufacturing workers are, on a daily basis, trying to create even more vicious weapons than those to hand currently. It is also an outrage that the Irish Presidency advanced the European Union's research and military capabilities body, which puts paid to the claim that the Government takes seriously the question of neutrality.

One of the shameful acts of the final days of the Presidency was to use the EU-US summit to whitewash the criminal invasion of Iraq by the US and Britain. The Dromoland summit, therefore, set the basis for the NATO summit that followed. The Presidency said in its final days that the deaths of 10,000 Iraqis and the maiming of countless others is in the past even though this all occurred in the past 18 months and it is time for us to move on because it is business as usual. That was absolutely shameful.

The Taoiseach has serious questions to answer as he hands over the Presidency. I would like him to elaborate on his statement to the press following the Dromoland summit that he was completely satisfied with answers given to him by President Bush about the treatment of prisoners. Was the Taoiseach informed whether the prison camp at Guantanamo Bay, at which psychological and other torture is practised on people who are incarcerated without charge or trial and without recourse to relatives to friends — though they may have the opportunity to be represented by lawyers following the US Supreme Court decision on Monday — will be closed or is he satisfied that the regime in Guantanamo Bay can continue? What did the Irish Presidency mean when it stated to the European people that the questions relating to prisoner treatment in US camps had been answered to its satisfaction? Unfortunately, the impact of this statement was to gloss over and whitewash the crimes of the imperial invaders of Iraq.

I look forward to the referendum debate. I hope we have time to tease out many of the issues hidden in the constitution and their implications for working people in Ireland and throughout Europe.

I congratulate the Taoiseach, the Minister for Foreign Affairs, the Minister of State with responsibility for European affairs and all the officials involved on the agreement that has been reached and on the successful outcome of the Irish Presidency.

Each member state must ratify the EU constitution by 2006. The timing of a referendum in Ireland is crucial. When will the Government proceed with the referendum? For instance, will it be taken before or after a referendum in the UK or will it be taken in tandem with other member states, which are of like mind regarding the constitution or will it be taken in tandem with states, which are sceptical about it?

I refer to enlargement of the Union to include Romania and Bulgaria. Strident comments were made recently regarding proposals to open negotiations with Turkey. How will the process evolve with a view to identifying the long-term boundary of the Union?

Deputies Kenny and Gay Mitchell have raised security and defence matters on numerous occasions. Is the Minister satisfied Ireland and other member states can rely on European defence and security in the event of a major terrorist attack, given that such attack will be conducted via air, sea or land?

Where else could it come from?

I am trying to cover those options. Perhaps the Deputy could outline others.

An attack from within.

A French commentator stated in recent weeks that the Presidency of the Union might not be best served by a state that is not deeply involved and integrated in defence and security measures. Will the Minister elaborate on that? Will he comment on the scramble time in Ireland and other member states in the event of an attack? Under the constitution member states will have an equal standing and, therefore, every aspect of the Union's unity must be protected in every way.

I refer to the question of euroscepticism and how to tackle it head on to rediscover the European ideal. In the wake of the discovery of freedom, the next discovery should be the ideal of cohesion and collective support rather than pursuing the disruptive course of those who have gone down the road of scepticism to make it a stock in trade.

No consideration has been given by the Government to the timing of a referendum in Ireland. The Taoiseach outlined the timeframe involved for ratification of the constitution, which is two years from the time of signature, as I stated in reply to parliamentary questions last week. It is important that the time available should be used for an informed debate. The Forum on Europe and other bodies, which have been more effective in communicating European issues and the bones of the Nice treaty, should be used in the coming months to make people more aware of what is involved, thereby avoiding the extremist interpretations that are often put forward as fact.

With regard to enlargement, we closed all chapters with Bulgaria and made progress with the Romanians. They hope to conclude their negotiations during the Dutch Presidency in the next six months. There has not been a decoupling of Bulgaria and Romania. A single accession treaty will be agreed, preparation of which will begin in July.

On the issue of negotiations between the countries based on the "own merits" principle, no decoupling of the countries has taken place and a single accession treaty is being drafted for both. That work will begin in July subject to Romania and Bulgaria being able to confirm they will be ready to proceed with full membership in 2007.

We await the Commission opinion on Turkey in October, which will allow the Council to consider in December whether accession negotiations should begin with Turkey. It is always emphasised that the Copenhagen criteria apply. These are objective criteria and successive conclusions from the European Council have reported the progress being made by the Turkish Government in its legislative programme and the reforms it must undertake to meet these criteria. Clearly apart from legislative acts, the realities on the ground need to be confirmed, particularly those affecting minority languages, education issues, freedom of the churches, etc. Much progress has been reported and a final decision will be taken later in the year.

Thessaloniki points out that the western Balkans region can have a European perspective. Obviously in the longer term we need to enhance regional co-operation there. In the first instance the recent elections in Serbia make for a more promising prospect in that regard. Clearly issues remain concerning Kosovo and Bosnia where the EU will take over the mission from NATO.

A wider neighbourhood policy has been devised to propose how we should deal with our neighbours. As various action plans for specific countries are in preparation, this is not a "one size fits all" approach.

The issue of defence and security was tabled during the Italian Presidency and no change in substance has been made in the period since. The arrangements explicitly acknowledge and respect the different traditions of member states — those that are neutral and those that are members of NATO — and state clearly that the specific character of member states in this regard shall not be prejudiced. The arrangements for structural co-operation whereby member states undertake to improve their capabilities so as to be able to take part in missions for peacekeeping, conflict prevention and the strengthening of international security in accordance with the principles of the UN Charter are open and inclusive and allow member states to make contributions in different ways. I was asked what time was involved in our emergency planning. I suggest that a question be tabled to the Minister for Defence who has that responsibility and has prepared and updated our emergency planning arrangements in the aftermath of terrorist attacks on 11 September 2001.

On the question of euroscepticism, it is it important to point out to public opinion here that many other parts of the world look to the European Union arrangements as being the most advanced and successful regional arrangements anywhere. Given the globalising nature of the century in which we live, deep integration of economies throughout the world is taking place with regions becoming more connected. I was in south Asia, where there is talk of establishing a south Asia free trade area as a prelude to more institutional arrangements.

Where conflict or violence exists, there is poverty. In many cases these conflicts distort what would be natural trade patterns between neighbours. The level of interaction and trade between Pakistan and India is only between 5% and 10% of what it should be. Rather than listening to eurosceptics who try to suggest we can all be an island, we should listen to others who look on Europe as a success story in multi-nation governance in the globalised world in which we live. Now that we have a constitutional framework we should try to ensure it works effectively and get a policy implemented that is meaningful to the ordinary lives of citizens.

I wish to put another view on the European constitution. Does the Minister accept that some people in this State have genuine major concerns? There seems to be a cosy consensus both in Government and in the broader elite in Irish society, much of which is dismissive arrogance and political snobbery. Those who question the EU or the constitution are accused of being out of line with the people. It is suggested that they should not be listened to and are described as sceptics and cynics. I hope we will have a real debate about the issues involved with the European constitution. It is important that the Minister knows that some people have genuine concerns, do not always go with the flow and will question issues.

Many of us have very serious concerns about the direction of the EU.

The Deputy should ask a question as time is constrained.

My second question is about the direction of the EU and our foreign policy, over which many Irish people have concerns. As we like to have a strong independent foreign policy line, we are very concerned that our policy will now be excessively influenced by Europe.

My final question concerns the privatisation of public services. Many in the trade union movement and in the community and voluntary sector have concerns that we will suddenly move towards the privatisation agenda and the facts speak for themselves at the moment.

I have no problem with having a rational debate with those who have genuine concerns. However, during his contribution today, Deputy Ó Snodaigh suggested some other treaty was available that was not negotiated but could have been negotiated. The treaty that is negotiated is where the consensus of the 25 member states resides. It is fine for a political party in Ireland to believe it should be off on some other axis. However, the Deputy should not suggest it was available to be negotiated.

This was negotiated in the past six months.

I have heard Sinn Féin suggest we should have a Europe of equals with one vote each in the European Council. It calls that equality. So Luxembourg with 400,000 people and Germany with 80 million people should both have one vote and it calls that equality. That would not be equality. It is not just about a union of states but also a union of citizens. The purpose of the new decision-making process is to reflect the need for 55% of the states and 65% of the citizens to agree. That is a weighting system that respects states and citizens.

Up to now larger countries did not have a weighting commensurate with their numbers of citizens and this is still the case. Germany reduced the number of seats it should have had in the European Parliament. It had been allocated 99 seats under the Nice treaty and the German Chancellor offered to give back three seats if it would help. Six seats each were given to Malta and Luxembourg. On any measure of equality it is clear what the situation is. If Malta can have six seats, Germany should be entitled to more than 300 seats. However, we could not have a parliament on that basis.

If we are to have a debate on the concerns, let us deal with the facts. I have no problem in discussing with those with a different political perspective from me on the basis of the facts but not on the basis of some sphinx that is generating hot air that has no relevance to the treaty. I am not dismissive of people in general. However, I am dismissive of people who accuse me of arrogance. What in the treaty indicates that such a big conspiracy took place? It has been suggested here that we have not defended our national interests. Of course we defended out national interests. On every issue on which we had concerns, we won. We won on tax, defence and security, and the institutions, where our concerns have been respected. About what are the Deputies talking?

The Minister should deal with the questions.

I am answering the question as to whether I accept that people have concerns. The Deputy suggested that the constitution would provide for the privatisation of important public services. For the first time the constitution recognises the importance of such services. A new article, Article 3.6, on services of general economic interest notes the place they occupy as "services to which all in the Union attribute value". The Union and its member states are committed within their respective spheres of responsibility to, "take care that such services operate on the basis of principles and conditions, in particular economic and financial, which enable them to fulfil their missions". Some member states' governments, including the Swedish and others, wanted to ensure that these sorts of freedoms at the national level were included and we supported that.

In response to the idea that the new constitution is too pro-business, without proper focus on the social dimension, the new constitution strikes a fair and reasonable balance. Article 3.3, which sets out the Union's objectives states that it shall work for, "the development of Europe based on balanced economic growth, a social market economy, highly competitive and aiming at full employment and social progress, and with a high level of protection and improvement of the quality of the environment." Thus, the need for economic growth is balanced by the need for social and environmental protection. Furthermore, for the first time, and with strong Irish support, the constitution contains an Article which requires the Union, in defining and implementing all of its policies, to "take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion and a high level of education, training and protection of human health."

This new horizontal social clause has potentially far reaching significance. It has been welcomed by those working in the social sectors as having real meaning, and the Deputy mentioned the voluntary sector. The European Anti-Poverty Network in particular has thanked the Government for its efforts to ensure that such a provision was included.

There is an idea that we are heading for a more militarised European Union. The outcome includes the set of proposals in the area of defence which were tabled during the Italian Presidency, and our position is totally respected there. No automaticity is being imposed on us in any of these areas. We make our sovereign decisions on a case by case basis, consistent with our foreign policy.

In regard to independent foreign policy, the important thing in foreign policy is to find allies for one's cause so that one can influence events. We can do far more as a country in trying to influence the situation in the Middle East with allies in the European Union, which is now a global actor, than we can alone. Does anyone seriously suggest we have the same weight of influence as the European Union in foreign policy matters? What world are we living in? We do not. We work with allies in the European Union to promote our objectives.

The values and objectives of the Union are totally consistent with our own, and nobody would disagree with them in this House. We use all of the instruments — political, economic and diplomatic — in regard to military capability and capacity to deal with crisis management and peacekeeping. We make these decisions of our own volition. Let us not create the idea that we can influence the world by standing out on our own. We influence the world by finding common values with others and promoting the causes and the case we are making for a better, more peaceful world.

When will we have the final text and when will the new Commission effectively come into office? Does the Minister see in the future a better way of electing a President of the Commission than the horse trading that has gone on? Would the Minister be open, for example, to the idea that within the confines of the new treaty, the Council and the Presidency would invite the European Parliament to propose names in the first instance so that we would have greater democratic legitimacy than with the spectacle we have had over the past two or three weeks?

On the last point, the new European constitution takes important steps in that direction. In making its nomination the European Council must take account of the outcome of the European Parliament elections and must consult the Parliament before tabling a name. However, we must also be realistic. We want to be able to attract the best candidates for the job, and people may be more reluctant to consider going for it if the arrangements become too elaborate. We also must ensure that the President of the Commission has the support and confidence of the member states, so we need to strike a balance.

The full text is available on the Presidency website, and the new Commission will take office in November.

I know the Minister said the Government has not yet directed its attention to the timing of the referendum, but could he give us some idea as to whether it will be in the first or second half of next year, or when?

As it concludes its EU Presidency, what assurances has the Government been given by the United States with regard to the treatment of prisoners in its prison camps? This treatment would not be at all acceptable in Europe. Given that the Taoiseach said the answer given was completely to the satisfaction of the Minister, can he tell us what that means?

The referendum might not take place next year at all; it could be 2006.

It will not be this autumn.

I do not think so. The Deputy will be able to go on holidays down to Lispole. In regard to the second question, the Taoiseach, as President, raised these matters with the President of the United States in the context of their meetings and we explained the genuine concern about this matter in Irish public opinion, as elsewhere. The President was very straightforward and forthcoming in saying that he himself was appalled by what he had seen and what had emerged.

A number of congressional investigations are ongoing and he said that he will deal with this matter in a transparent way. On the basis of his preparedness to be very clear about his own position and that of his administration in handling it, the Taoiseach mentioned at the press conference that he was satisfied that, having raised the issue, he got answers, undertakings and assurances which confirmed that this matter will be dealt with and those who are guilty will be dealt with in the appropriate way. That is the context in which the Taoiseach made his comment.

Guantanamo is a different issue.

Guantanamo Bay was also raised.

Sitting suspended at 1.35 p.m. and resumed at 2.30 p.m.
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