Dáil Éireann debate -
Wednesday, 24 Jun 2009

Vol. 685 No. 4

European Council Meeting: Statements.

The Taoiseach

I wish to dissociate myself from the remarks made by Deputy Creighton on the Order of Business.

I attended the meeting of the European Council in Brussels on Thursday and Friday, 18 and 19 June. I was accompanied at the meeting by the Minister for Foreign Affairs, Deputy Micheál Martin. The Minister of State with responsibility for European affairs, Deputy Dick Roche, and the Attorney General were also part of the delegation.

The Council was among the most important for Ireland in recent years. As the House will be aware, the focus of our efforts was the guarantees on the Lisbon treaty and, in particular, on ensuring that both their content and form were satisfactory. That will also be the main focus of my statement to the House today but, first, I wish to cover the other important business of the Council.

Much of the discussion in the formal session centred on the fall-out from the international economic and financial crisis. Follow up to the De Larosière report on financial supervision was a key issue, and there was considerable debate on the degree to which the proposed new system of financial supervisory authorities should have binding mediation or decision making power. This is an important area and Ireland has been supportive of the Commission's proposals in ECOFIN. In particular, we believe it important that there is clarity about where responsibility lies, so as to minimise risk of any repeat of recent failures. Ultimately, the Council agreed that the European system of financial supervisors be established to improve the quality and consistency of national supervision and to increase oversight of cross-border groups, which are the norm in today's financial world. The reality is that we need far better cross-border regulation and Ireland is strongly supportive of the steps taken last week.

The Council agreed to the creation of a European systemic risk board and that its chair would be elected by the General Council of the European Central Bank. The summit clears the way for the Commission to bring forward legislative proposals so that the new arrangements can be put in place as soon as possible. I expect October's Council to return to this issue because of its importance and urgency.

The Council also adopted conclusions on strengthening efforts to support employment and welcomed the Commission's plans to develop concrete actions in the three priority areas of maintaining and creating jobs, improving skills and increasing access to employment. The Council also noted the important stabilising role and cushioning effect of social protection systems and social inclusion policies.

During the discussion of the economic and financial situation, a number of delegations raised the current situation in the milk market. I emphasised the importance of the sector and the need to address the low price currently being achieved by producers, which is not sustainable. The Council took up the issue and the Commission was asked to present an in-depth market analysis of the current market situation, within the next two months, including possible options for stabilising the dairy market. This effort will respect the outcome of the CAP health check with which Ireland was pleased. While the topic was not on the scheduled business of the Council, the response of the Council again highlights how responsive Europe can be and is to real issues.

The Council also discussed climate change. We agreed that the Presidency and Commission would produce a work programme to ensure the necessary internal EU co-ordination arrangements are in place to consider how to share the burden of helping developing countries adapt and-or mitigate their climate change impact. It is essential that we reach a comprehensive and effective agreement at UN level, which I hope will happen later this year in Copenhagen. The European Union has provided leadership to the world on this issue with our unilateral commitment to cut emissions by 20%. Others will also have to make their contribution. I am pleased to see that this is now commencing, particularly with positive signals from the new US Administration under President Obama. I made the point in my press conference after the Council that the need to act on climate change increases with the passage of time. The next six months are extremely important for us all and I look forward to the Swedish Presidency taking this work forward. We agreed to come back to this issue in October and to take whatever decisions are required at that point to ensure we maximise the prospects for a deal at Copenhagen.

There was also discussion on illegal immigration from outside the European Union. As the House will know, there is a particularly difficult situation in the Mediterranean area, notably in Cyprus, Greece, Italy and Malta.

There was considerable interest in the appointment of the President of the Commission. President Barroso presented his candidature and vision for Europe, and the members of the European Council were unanimous in agreeing to nominate him. The Presidency will now hold discussions with the European Parliament to determine whether the Parliament is in a position to give its approval to the appointment in July. It is in the interests of the Union to have this matter finalised as quickly as possible, in order to eliminate uncertainty about who will lead the next Commission at this time of great international challenge. I have already indicated publicly my view that President Barroso has been an excellent President of the Commission. He enjoys the support of the members of the European Council and confirmation of his appointment in the coming weeks would be a positive message of stability at the helm of the next Commission.

I turn now to the issue which dominated the Council for Ireland, namely the Lisbon treaty. Almost exactly one year ago, I made a statement to this House after a European Council meeting at which the main talking point was the rejection of the Lisbon treaty by Ireland days earlier. I reported then that the Council had been very concerned, and had highlighted the dilemma of trying to respond to the concerns of the Irish people while still trying to advance a process which they consider to be vital. I reported that they were perplexed by the impression they had that issues not related to the treaty had greatly influenced our debate. At that time, I informed the House of how I had said frankly to my counterparts on the Council that the result had to be respected. We would have to take the time necessary to understand why the treaty had been rejected. We would have to examine why the debate had often portrayed Europe as being more concerned with treaties, directives and regulations than with making a meaningful and beneficial impact on the lives of people in Europe.

Six months later, in my statement to the House following December's Council meeting, I reported how we had conducted extensive research and identified the key concerns of the Irish people that would need to be addressed if we were to revisit ratification of the treaty. I referred to the value of the work of the all-party committee in that respect. I also reported that, in response, the Council had agreed that Ireland should receive legal guarantees on specific concerns, that the importance of workers rights and social progress would be confirmed and that, if the Lisbon treaty entered into force, each member state would retain a Commissioner.

I am very pleased to say to the House today that last week, the European Council agreed a package of legally-binding guarantees that respond comprehensively to the concerns of the Irish people. We already had agreement that if the Lisbon treaty enters force, each member state will keep its Commissioner. That commitment was confirmed again in last week's conclusions. On Friday, the European Council also agreed on a set of legally-binding guarantees for Ireland, in the form of a decision of the heads of State and Government. The Council further agreed that the contents of this decision will also be incorporated in a protocol to be attached to the EU treaties after the entry into force of the Lisbon treaty. The guarantees make clear beyond doubt that Ireland retains control of its own tax rates, that Ireland's traditional policy of military neutrality is unaffected by the treaty and the protections in the Constitution on the right to life, education and the family are not in any way affected by the Lisbon treaty.

The Council also adopted a solemn declaration making clear the importance of workers' rights and public services to the Union. I hope that this solemn declaration will help to deal with some confusion which appears to exist on the Lisbon treaty and workers' rights. The treaty represents a positive step forward on a variety of fronts, including the Charter of Fundamental Rights and the horizontal social clause. We should bear in mind that very much of the progress over the past decades regarding Irish workers' rights and legislation has been inspired by the experience of our partners and has been delivered through the mechanisms of EU laws. Some might wish the Lisbon treaty would deliver more in this area but that cannot negate the positive measures it would bring about for workers.

We are all aware of how the economic context has changed so dramatically since one year ago. The crisis we have witnessed on the financial and economic fronts is largely without precedent. The public finances are under pressure and we have seen, sadly, the return of substantial unemployment, which brings with it frustration, demoralisation and the loss of human potential.

The Lisbon treaty is important in the context of our economic recovery. Its ratification would remove the considerable doubt in the minds of business people at home and abroad about our commitment to Europe. That doubt is the last thing we need at a time when, more than ever, we want to create, protect and sustain jobs. We need to help ourselves if we are to retain existing investment and attract new investment, and if we are to keep existing jobs and attract new jobs. Using the treaty as leverage to pursue other goals is a dangerous game that puts jobs at risk. This would do no service to workers or their families, never mind workers' rights.

Our country faces several challenges. We must bridge the budget deficit and get cash flowing again adequately in the economy. We must restore economic activity to minimise the scourge of unemployment. To do all that, we must remove the doubt about where our country stands in relation to Europe. This issue transcends party boundaries. I welcome the supportive comments of the leaders of Fine Gael, the Labour Party and other Members of this House following the important agreement reached in Brussels last week.

Ireland needs Europe and we need a Europe that works. However, it must work for Germany, Slovenia and Finland as much as it works for us. The agreed means of achieving this is the Lisbon treaty.

With regard to those who point to this or that imperfection, I do not dispute the European Union might not be perfect. However, I am firmly of the view it is hugely positive for Ireland and that, without doubt, it is the greatest example across the world of international co-operation for the common good. For any set of rules to be acceptable to 27 sovereign states, there will always be compromises. However, focusing on specific issues, important though they may seem, while missing the big picture that this treaty is fundamentally about our working relationship with our European partners risks not seeing the wood for the trees. The European Union is the means by which we make a meaningful impact on the wider world in which we exist. The Lisbon treaty is designed to equip Europe for an unpredictable future. Now, more than ever, we need an effective Europe.

Since last June, our overriding objective has been to address the concerns expressed by the people in last year's referendum and to ensure we continue to pursue our interests effectively within the European Union. We have got the response we wanted. Based on that response, the Government is satisfied that we should now return to the Irish people and ask them again to approve Ireland's ratification of the treaty. The relevant legislation is being finalised and will be introduced to the Oireachtas very shortly. This legislation will set out the proposed constitutional amendment to be put to the people for adoption if they agree to ratify the Lisbon treaty. Once the legislation has been passed, the Minister for the Environment, Heritage and Local Government will be in a position to make an order formally setting the date for the referendum, which the Government believes should be in early October.

This referendum represents a hugely important juncture for this country. It is perhaps one of the greatest national issues to face us in very many years. Therefore, it should be the sole focus of our effort and attention on this occasion. We are, fundamentally, faced with a decision about how we regard our place in the European Union. Nobody should underestimate the importance or scale of this challenge for our country.

It is imperative that all of us who believe in Ireland's place at the heart of Europe and the benefits that accrue to Ireland from our EU membership wage a united campaign to secure a resounding endorsement of the Lisbon treaty and of Ireland's commitment to the European Union, a union that is the platform for much of our prosperity and essential to the viability of so many Irish jobs.

It is not my intention to engage in anything other than a strong, positive campaign, working with those who share my view that a "Yes" vote is vital to this country's interests, to demonstrate that the concerns of the Irish people have been addressed, to promote the significant positive features of the Lisbon treaty and, above all, to ensure Ireland both contributes to and benefits from the spirit of solidarity that is a defining feature of the European Union.

Deputy Enda Kenny

I wish to share my time with Deputies Timmins and Creighton.

Acting Chairman (Deputy Noel O’Flynn)

Is that agreed? Agreed.

Deputy Enda Kenny

Politics is always about people but the debate on the last occasion became bogged down in detail about institutions, which turns people off. This country was always an information society. For 2,000 years we sent educators and missionaries all over Europe. The Irish, by the their nature, are a curious people. They are inquisitive and like to know the scale of problems and difficulties. Ireland has never rejected the European Union and I do not believe its electorate wants to do so now either. The reason the Irish did not support the Lisbon treaty on the last occasion was because of confusion and the inability of the political process to make them feel part of the European scene, make them want to approve the treaty because of what it means rather than reject it because of what it does not contain.

Ireland, with its population of 4.2 million, is part of a Union of 500 million. It is ironic that the eyes of Europe and the world now focus on Ireland. Bearing in mind the strength of the United States, India, China and emerging and burgeoning economies in the Far East, it is important to reflect on the assessed wisdom of international financial commentators to the effect that, in the next 20 years, the big economies will include Japan, India, China, Russia, South Africa, Brazil and the United States while Europe will be trailing behind. To keep services moving with an ageing population, the Union will have to have a clear immigration policy. At the many meetings I attended in Brussels, it was said we need a Union response because no country could deal with the phenomenon on its own given its scale. Prime Minister Gonzi of Malta said to me last week there are now thousands of illegal immigrants in his country. The scale is such that the number would be the equivalent of 500,000 in Germany.

There is an opportunity for a brilliant future for Ireland and we must take domestic action. There are difficulties, and differences of opinion arise between the Government and Opposition over the Government's handing of the financial crisis we face, but that is a matter of politics. The Fine Gael Party will campaign very strongly in support of the Lisbon treaty and in support of making people want to feel part of it and fully happy with it in the knowledge that voting "Yes" is to the benefit of themselves, their families, the nation and the European Union as a whole.

I welcome the support of the Taoiseach for the reappointment of José Manuel Barroso as President of the Commission. This appointment could be dealt with sooner rather than later. People expected that, once the European elections were over, the politicians would make such appointments. It is not feasible to leave the Commission headless until the late autumn. The matter should be dealt with sooner rather than later. While the European People's Party does not have an overall majority in the European Parliament, it is a matter for negotiation between it and the socialist or liberal groups to form a majority such that President Barroso can be appointed. In many ways he has been the face of Europe in recent years. He was active, energetic, attended events where appropriate, both within and without the Union, and did a first-class job for the Union.

While the Taoiseach, as leader of his party, is affiliated to a different group in the European Parliament from Fine Gael, I welcome his support. I hope the Government will examine the question of the audit of some of the directives that have been transposed. It is a sore matter and can be dealt with.

Perhaps when the Minister or Minister of State is responding, he might deal with the possible options for stabilising the dairy industry. It is of serious import in Ireland and is obviously a cause of considerable concern, particularly to those involved in the commercial dairy sector. This is of serious import here and is a cause of massive concern to those involved in the commercial dairy sector.

Deputy Billy Timmins

One of the most important issues here is the creation and maintenance of employment. I welcome the fact that it was raised at the General Council meeting. Our party leader, Deputy Kenny, has taken it up with his EU colleagues. One of the issues mentioned at the Council was the creation of a friendly environment for employment. We are not good at this because we have many rules and regulations, whether in respect of planning or enforcement of regulations introduced during the Celtic tiger era which are inappropriate to the current climate. We must reconsider these regulations. Local authorities make it difficult for businesses to attract tourists, even from the point of view of erecting signs. These are small issues that can create a great deal of difficulty.

It is important to realise that the European Union has been a great source of employment. Since the Single European Act in 1992, over 2.5 million extra jobs were created in the Union. From 2004 until the current difficulties arose, employment increased in the old countries by 1.5% and in the new countries by 1%. The European Union has been a great source of employment as have the global market and the open economy. Despite our recent difficulties we should not shy away from this in future. It is important to have standardised financial regulation. I look forward to the recommendations of the de la Rosière report being implemented. If the EU could encourage the United States to implement a similar set of regulations, it would give rise to greater global stability in the financial markets.

Deputy Kenny mentioned the dairy farmers. It was sad to see farmers protesting because they do not have a strike mechanism but that brought home to me how difficult it was to understand why the agricultural community sat on the fence during the Lisbon treaty campaign last year because our agricultural community cannot survive without membership of the European Union. I hope that the leadership of that community will campaign for a "Yes" vote to the treaty. This involves more than adopting the Lisbon treaty; it involves keeping Ireland at the heart of Europe. It is important to articulate the many positive aspects of being involved in Europe instead of getting bogged down in the nonsensical arguments of the "No" camp which says nothing has changed. Much has changed in the rhetoric they used a year ago.

It is important for us to take a proactive role in the Middle East peace process. Many of the things happening in Israel are unacceptable. Yesterday, the Oireachtas Joint Committee on European Affairs met the Ireland-Palestine Solidarity Campaign. While many of its criticisms of Israel were justified, it could not give a view on Hamas when asked to do so. Anyone who debates this issue should come with clean hands and outline their position. I welcome the developments outlined by the Minister for Foreign Affairs in this area, but regret that members of his party put down a divisive motion at the committee as a result of which we invite groups arguing for one side. Equity cannot be sought without clean hands; otherwise, one cannot be part of creating a solution.

It is important to have lines of communication with Iran. It is too easy for us to see the riots on our television screens and not to understand the real problems. Isolation will not solve the problem. Iran's military capability is limited. It uses leverage on Hamas, Hizbollah and al-Qaeda but we must neutralise that extremism in Iran.

I also welcome the Council decision to seek the release and condemn the mock trial of Aung San Suu Kyi in Burma. I notice the Council's welcome for the closure of Guantanamo Bay. Has Ireland been asked to take any of the refugees from there? Where do we and Europe stand on that issue? What are the implications for us of taking someone?

The horizontal social clause which in effect means that every policy decision taken at EU level must consider the social implications is welcome. We would have very few rights for workers if they had not been initiated in the European Union.

Deputy Lucinda Creighton

I thank the Taoiseach for his presentation. He mentioned ambitious climate change targets for the Copenhagen meeting at the end of the year. Public debate has recently raised certain questions about this following the global and European economic crisis. I am not sure that there is the same level of commitment across the European Union to delivering on these targets as previously. There is a fear that we may compromise competitiveness and opportunities in the global market and job creation to achieve the targets. We must address this because the green economy offers a great opportunity for job creation. There is an onus on us to communicate that to the public and I hope the Government will take this up with gusto before the Copenhagen meeting.

I commend the work of the Government in achieving the guarantees in the Lisbon treaty. We have all participated in this over the past 12 months through the work of the Oireachtas Sub-committee on the Future of Europe and Deputy Kenny's commitment to achieving those guarantees to assuage the fears people had during the last referendum campaign. While it was expected that we would achieve legal guarantees, not everyone was confident that we would achieve a commitment to the protocols. That will make our job much easier. I am glad that agreement has been achieved. Well done to the Taoiseach and his officials on achieving that commitment.

The key issues in the last Lisbon referendum campaign, workers' rights, concerns about neutrality and defence, some a bit fallacious, some legitimate, and concerns about taxation, have been put to bed. People who are genuinely concerned and opposed the treaty on the last occasion are coming around and believe that there is something in it for them. They feel that some of their fears have been allayed which is positive.

I urge the Government to avoid getting into a wrangling match with the "No" campaigners about falsehoods and misleading arguments because we risk falling into that trap. We must focus on what Lisbon will do for Ireland and Europe because it has so many benefits. It is not the most exciting treaty because it does not have any major issue on which we can hang our hats, but there is a multitude of reasons that it is so important. It will enable the European Parliament, Commission and Council to deliver for the people of Europe. It will make Europe more transparent. People think that Council meetings happen behind closed doors, that a great deal of diplomacy goes on and nobody knows what is happening, or why, or how it benefits them.

Under the terms of the Lisbon treaty the meetings will be open. We need to lay emphasis on this because in the past the naysayers completely erroneously claimed that the Lisbon treaty will make the EU less accountable when the opposite is the case; it will make the European Union more accountable and more responsive to their needs as was outlined by Deputy Kenny. It is crucial that we highlight the fact that the Lisbon treaty will make Europe more powerful and influential on the world stage and if we are to achieve our goals on climate change, energy security and economic recovery we must ensure that it is passed.

Deputy Eamon Gilmore

I wish to share my time with Deputy Costello.

On behalf of the Labour Party, I welcome the outcome of the European Council regarding the impact of the Lisbon treaty on Ireland and on the Irish Constitution. The Labour Party supported the Lisbon treaty last year. We believed then and we believe now that the Lisbon treaty makes the European Union more democratic, more effective in dealing with urgent international problems such as the financial crisis and climate change and, crucially, that the Charter of Fundamental Rights directs the EU towards a progressive, human rights-based, social Europe that will benefit all of our citizens.

As a result, we were disappointed when the treaty was rejected in the referendum last year. However, democracy is a two-way conversation. It is as much about listening as it is about speaking and it was extremely important to listen to the concerns expressed by our citizens about the Lisbon treaty. This was facilitated by representations to the Oireachtas committee on the treaty and significant research into the reasons voters chose to reject the treaty.

Having listened to those concerns, the other member states have responded by guaranteeing that if the Lisbon treaty is ratified, every member state will nominate a commissioner to the European Commission and that the treaty will not supersede the Irish Constitution on the right to life, the family, education, taxation or defence. The Labour Party was clear that the European Union has no jurisdiction over such issues as abortion, family life, taxation policy or Irish neutrality, and that the Lisbon treaty did not change this fact. However, the clear and unambiguous agreement by all other 26 member states that the Lisbon treaty does not, and cannot, affect these aspects of Irish domestic policy is to be welcomed.

The declaration on workers' rights and social policy, as made by the European Council, represents a unanimous agreement on how the Lisbon treaty impacts workers' rights and public services. The Lisbon treaty will have a very positive impact in these areas. The Lisbon treaty, and the Charter of Fundamental Rights that is part of it, further integrate the economic and the social aspects of European Union membership so that they complement each other more effectively and so that a better balance is struck between the demands of the market and the needs of society.

Much of the argument on the last Lisbon referendum was taken up with issues that were not actually affected by the treaty. One false argument, which was repeatedly asserted, was that somehow the Lisbon treaty would worsen the rights of workers in the EU. What seemed to get lost in the debates was that the Lisbon treaty does change workers' rights but for the better. It is worth recalling the provisions of the Charter of Fundamental Rights, which include: the right of workers to information and consultation in their place of work; the right to collective bargaining and action; protection against unfair dismissal; the right to fair and just working conditions; and a prohibition on the exploitation of younger workers.

If the Lisbon treaty is passed, all future European Union legislation will have to have regard to these fundamental rights. The concerns about workers' rights, which came to the fore during the Lisbon referendum campaign last summer, largely arose because of a failure to adequately address workers' rights at home, not in Brussels. There are at least eight commitments on employment rights, made in the social partnership agreement, Towards 2016, and in the subsequent transitional document, which are yet to be passed into law. These include the temporary agency workers directive, which was agreed over one year ago, but which the Tánaiste informs us will take a further two years to pass into law despite the fact that this vacuum in Irish law has already given rise to the exploitation of Irish and EU workers.

Also included are the following: the Employment Law Compliance Bill (2008), which provides for statutory supervision of the workplace, and which was supposed to be enacted by the end of last year; the Industrial Relations Bill, which is intended to shore up the rights of those employed in the hotel, catering and construction industries; and the Employment Agency Regulation Bill. The list also includes anti-victimisation legislation, which is to protect those workers who choose to join a trade union, and which was promised for March 2009 and legislation to address employee representation at work, which was supposed to be enacted by June 2009, but which has not even been published.

Also included are the amendment of section 4 of the Competition Act 2002 to exempt freelance journalists, session musicians and voice-over actors and the transposition of the optional pensions provisions on the transfer of undertakings directive into Irish law. Furthermore, if the Government is serious about addressing concerns over workers' rights, it can re-visit the posting of workers directive to ensure that the existing rights of workers in Ireland cannot be undermined.

There can be no ambiguity about where the Irish State stands when it comes to workers' rights. It must be clear that if the Lisbon treaty is ratified by the Irish people, the workers' rights enshrined in the Charter of Fundamental Rights will be enshrined in domestic legislation. I call on the Government to demonstrate that it is genuinely committed to strong and fair employment rights by enacting the outstanding legislation promised under Towards 2016. Where possible, this legislation should be in place, or at least published, before the second referendum on the Lisbon treaty.

If this Administration fails to do so, then if returned to government the Labour Party will do the following: as a matter of priority legislate to protect the rights of temporary agency workers; ensure that the posting of workers directive does not undermine existing workers' rights in Ireland; legislate for the statutory supervision of workplaces; ensure the legal right to adequate representation of employees in their place of work; make it illegal to discriminate against an employee because he or she is a member of a trade union; and pass the Industrial Relations Bill to protect vulnerable workers in the hotel, catering and construction industries.

The Labour Party in government will also commit to giving domestic effect to the principles enshrined in the Charter of Fundamental Rights. If the Lisbon treaty is passed and following consultation with the social partners, the Labour Party in government will legislate for the right to information and consultation within the workplace, the right to collective bargaining and action and the right to fair and just working conditions.

Just as strong and fair workers' rights are an integral part of a stronger social Europe, so too are public services. The Lisbon treaty provides, for the first time, a legal basis to distinguish between public services that are not suitable for competition, and other services of general economic interest. This is to protect public services, not to undermine them. Furthermore, Article 9 of the Lisbon treaty specifically states:

In defining and implementing its policies and actions, the Union shall 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.

The solemn declaration reiterating the rights of member states to "provide, commission and organise non-economic services of general interest", or public services, is simply a statement of fact that public services are not threatened by the ratification of the Lisbon treaty.

There is no question but that the past 12 months have been extremely damaging for Ireland's image internationally. Ireland needs to restore international confidence and its reputation. We need to make it clear that we are fully engaged in the EU and not semi-detached from it. It is not enough to protest that Irish voters are pro-European Union. We have to demonstrate that we are willing to take responsibility for our membership. That means sharing the responsibility for the European Union's future. We cannot do that from a semi-detached position.

This is not an issue of international public relations or diplomacy; it is about investment and jobs. We cannot ignore the reality of how our country is being portrayed in the international press, and the effect that has on those who make critical decisions about jobs and about lending money to our banks. We need to make it clear that Ireland is open for business and that we welcome inward investment and the jobs that go with it. The ratification of the Lisbon treaty will send out a clear message that Ireland wants to remain fully engaged with the European Union.

At the beginning, I stated that democracy is a two-way conversation. Last June the people rejected the Lisbon treaty because they were concerned about how it would affect the Irish Constitution and our domestic policy on tax, neutrality and workers' rights. We now have guarantees that the Lisbon treaty did not, and does not, affect Ireland's ability to provide its public services, decide on ethical issues, preserve its low corporate tax rates or to remain neutral, and that in the case of workers' rights, the Lisbon treaty actually strengthens them.

In the autumn, the people will get a chance to respond and to look again at what the Lisbon treaty offers Ireland and what Ireland offers the European Union. Ireland's position within the European Union must be restored with the ratification of the Lisbon treaty so that we are part of a Union that is good for business, good for workers, and good for our citizens.

Deputy Joe Costello

I thank Deputy Gilmore for sharing time.

The Taoiseach's 30-page Council summary covered a wide range of issues, even though the Lisbon treaty was the main focus. Nevertheless, a great deal of time was spent on economic and banking issues and there was welcome movement and proposals on the direction of financial regulation in the de Larosière report. However, less then one page was devoted to employment and not a single new idea was articulated in the conclusions. Perhaps something arose but it is not covered in the conclusions, which contained a wish list for member states, which have the ultimate responsibility for moving forward and doing the best they can. I was extremely disappointed with that, especially in the context of the informal summit that took place in Prague the previous month.

Under climate change provisions, the 2020 target of 20% was reaffirmed but no detail was provided on how that might be achieved. Will the Taoiseach indicate how Ireland proposes to get its house in order in the run-up to the Copenhagen conference to meet the target? While a recession could bridge the gap, it will do so in the wrong direction in terms of greenhouse gas and carbon emissions.

The main focus of the European Council from an Irish point of view was to smooth the way for a second referendum and the Government achieved that objective. We are on course for a referendum in early October. As my party leader said, it is in the national interest that the Lisbon treaty be ratified by Ireland. I acknowledge substantial achievements were made at the Council meeting. A commissioner for each member state has been secured and the guarantees on taxation, defence and socio-ethical issues are legal decisions, while a commitment was made that they would be appended to the next accession treaty, which provides a limited timescale for the protocols to be in place. That is a firm legal guarantee.

The gross misinterpretations and misrepresentations of supporters of the "No" side combined with the genuine confusion which caused many people to vote "No" or not vote at all in the first referendum have been clearly addressed and they should not be allowed to distort the debate, as they did last June. There is no loss of national control over taxation policy and we can maintain our corporation tax rate and, thus, attract foreign direct investment, which currently creates 75% of all our exports. It is particularly important to have this reasserted at a time of high unemployment and economic crisis.

There is no European Union army and our youth cannot be conscripted into a non-existent army. As the Taoiseach said, people went door to door in my constituency telling householders that their sons, in particular, would be conscripted into a new army that would be established if the Lisbon treaty came into force. There will be no interference with Ireland's traditional neutrality. We are not obliged to join the European Defence Agency or participate in permanent structured co-operation. We said that at the time but this assertion was never properly refuted. It remains the prerogative of Ireland and every other member state to determine the nature and volume of their defence and security expenditure and defence capabilities. Ireland, as always, will only embark on foreign military operations of its choice under the triple-lock procedure. The Taoiseach has made a commitment that legislation will be processed by the House before it rises on 10 July regarding the European Defence Agency and I presume he will confirm this later.

The right to life, protection of the family and education matters provided for under the Constitution are not affected in any way by the treaty's provisions and this is spelled out in detail in the legal guarantees. During the previous referendum campaign, fundamentalist groups such as Cóir, Youth Defence and the newspaper, Alive!, alleged that the treaty opened the door to abortion and euthanasia in a godless Europe. Such scaremongering should now be finally put to rest and the mainstream churches should make it clear that fundamentalists do not speak for them. They did not do this during the first referendum campaign but they should do so this time.

The loss of an Irish commissioner was presented in the Lisbon treaty campaign by Sinn Féin and many others in the "No" campaign as though it was a family bereavement. Not one of them had a good word to say about Mr. Charlie McCreevy, the incumbent Commissioner. Now that Ireland and every other member state will have a commissioner, there is scarcely a murmur of approval from the "No" side, which had plastered the countryside with posters declaiming the tragic demise of the Irish commissioner, the loss of a seat at the Commission table and the virtual end to democracy as we knew it.

The final matter that caused significant concern to domestic voters was the protection of workers' rights. As Deputy Gilmore outlined in considerable detail, the other 26 member states have agreed a solemn declaration on the issue of workers' rights and social policy. This is an addition to the protections and commitments in the Charter of Fundamental Rights, which will be a protocol to the Lisbon treaty when it is, hopefully, passed. That significantly enhances the protection of workers' rights. However, it is important that the Government parties in the run-up to the second referendum on the Lisbon treaty demonstrate good faith in this area by making sure the appropriate domestic legislation is put in place and commitments are made, where it cannot be put in place, to show that workers' rights and social policy are of considerable importance to them.

I do not know whether the House has time to process this legislation because it must deal with the Bills for the referendum, the referendum commission and the European Defence Agency while the Employment Law Compliance Bill 2008 is before us. I also do not know whether we can deal with the agency workers Bill or revisit the posting of workers directive and other legislation identified by Deputy Gilmore. It is important that the Taoiseach indicates that he intends to make a solemn commitment that the Government parties will address whatever they can before the House rises because we will not have an opportunity to do so in the autumn and, where they cannot do so, that they will make a commitment to do so in the future. We will do that if we are in government following the next election.

Deputy Aengus Ó Snodaigh

Fáiltím roimh an deis labhairt ar thoradh an Chruinniú Mullaigh a bhí ar siúl an tseachtain seo caite. Is ceist chuíosach casta í seo agus beidh plé fada againn uirthi sna míonna amach romhainn. Tá sé deacair míniú ceart a fháíl ar cad go díreach a tharla nó nár tharla le bliain anuas maidir leis an reifreann agus an vóta a chaith muintir na hÉireann um an dtaca seo bliain ó shin.

Bhí spraoi agam ag iarraidh teacht ar analogy chun míniú a thabhairt ar seo agus shocraigh mé ar dhaoine ag dul ag pósadh. Agus iad ag dul ag pósadh, smaoiníonn daoine ar na pros agus cons agus fiafraíonn siad an é seo an rud ceart le déanamh. Uaireanta téann daoine chomh fada leis an altóir agus ansin athraíonn siad a n-intinn. Níor tharla seo domsa; táimse breá sásta bheith pósta, ach tarlaíonn sé do dhaoine anois agus arís agus deireann siad "No". Deireann siad gur chéim ró-mhór chun tosaigh é agus nach ar leas an duine sin atá sé. Uaireanta ní shroicheann siad an altóir mar tógann siad an cinneadh seo roimh ré.

Deputy Eamon Gilmore

Sin paisean.

Deputy Aengus Ó Snodaigh

Go díreach, agus easpa paisin uaireanta. Smaoiníonn daoine ar scaradh ach ina dhiaidh sin bíonn míshásamh agus díomá ar na clanna agus tosaíonn siad ag obair taobh thiar de dhroim an duine agus ag déanamh iarrachta daoine a bhrú ar ais le chéile le pósadh, in ainneoin foláirimh an duine a dúirt "No" mar gur rud mícheart dó nó di é. Cuireann na clanna brú ar dhaoine in ainneoin an ghearáin agus déanann siad neamhaird don seasamh atá glactha ag an duine nuair adúirt sé nó sí"No". Ansin, tógann siad chomh fada leis an altóir an duine arís, in ainneoin an "No". Séard ba cheart a dhéanamh ag an am sin ná"No" a rá arís, mar is é an duine céanna é agus is é an rud céanna atá i gceist.

Féach anois cad atá os ár gcomhair — an sórt ruda céanna. This Government, with the support of the Labour Party and Fine Gael intends to push the very same scenario on the people of this State by putting the very same Lisbon treaty to them for a second time, 15 nó 16 mí tar éis é a bheith curtha rompu don chéad uair.

Deputy Joe Costello

Níl arm ar bith ag an Eoraip ag an uair seo.

Deputy Aengus Ó Snodaigh

Níl. Tiocfaidh mé chuig na ceisteanna ar fad diaidh ar ndiaidh. Níor luaigh mise ná Páirtí Shinn Féin conscription le linn na díospóireachta. B'fhéidir gur luaigh daoine eíle é, ach níor luaigh Sinn Féin é.

Deputy Micheál Martin

Luadh ag na dóirse é. Bhí ráfla ag dul tríd an tír, ach is cosúil nach raibh éinne freagrach as nó nár luaigh éinne an t-ábhar sin.

Deputy Aengus Ó Snodaigh

Féach ar na doiciméid a chuir muid ar fáil. Níor luaigh muid conscription in aon cheann acu. Nuair a cuireadh ceist orm ar chlár éigin, dúirt mé nach raibh an Eoraip ag dul sa treo seo agus gur shíl mé nach dtarlódh sin riamh. Dúirt mé é sin i gcónaí. Nuair a ardaíodh an cheist sin le linn Conradh Nice, dúirt mé an rud céanna. Tá muidne ag déileáil leis na fíricí mar a fheiceann muidne iad. Is féidir féachaint siar ar an tuairisc oifigiúil maidir le seo.

Let us be clear about what happened at last week's European Council of Minister's meeting. For the few weeks running up to the Council meeting, the Government and its supporters in the "Yes" campaign worked hard to create an impression that something very important was about to be secured. Nothing could be further from the truth. Hence the reference to knowing who your friends are in Europe and the benefits to our economic future by blindly accepting this failed treaty. We would all be forgiven for thinking we were listening to Fianna Fáil's great champions, Charlie Haughey or Bertie Ahern, as they sold the people out to their developer friends and banking buddies in years gone by, making them cash happy.

The most important thing to note from last week's Council of Ministers' discussions in Brussels on the Lisbon treaty is that nothing of substance was achieved. I agree we have an international "agreement" on neutrality, taxation and ethical issues, to be lodged in the United Nations. I agree we have a promise of sorts of a protocol on these issues to be attached to a future treaty, probably an accession treaty — possibly on the accession of Croatia or of several countries — on a date yet to be decided. I agree we even have a solemn declaration on workers' rights.

However, has the Government secured any changes to the text of the Lisbon treaty itself? Will any aspect of the treaty's implementation in Ireland or across the European Union be altered by this international agreement? Have the genuine and substantive concerns the electorate voiced so articulately in the run-up to the referendum on issues such as Ireland's loss of influence, militarisation and neutrality, workers' rights and public services, international trade agreements, nuclear power and the developing world been addressed? The honest answer to all of those questions is a resounding "No".

Deputy Eamon Gilmore

That summarises Sinn Féin's policy on Europe.

Deputy Aengus Ó Snodaigh

At least we stuck by what we said after the referendum result, unlike Deputy Gilmore who said at the time the treaty was dead in the water.

References to legally binding guarantees are meaningless. The guarantees are nothing more than a series of clarifications of some aspects of the Lisbon treaty. The treaty itself has not been changed. The clarifications have not altered the text, but that is what was sought. Senior UCD lecturer in law, Gavin Barrett, stated last week in an article in The Irish Times:

Normally a treaty requires ratification by member states. This treaty does not. This is because it involves the member states offering existing legal guarantees and clarifications only in respect of substantive legal obligations already explicit or implicit in the treaty.

Níl athrú déanta ar an téacs. Mar sin, nuair a thagann muid chun vóta a chaitheamh arís ar chonradh Liospóin, beidh muid ag caitheamh an vóta ar an gconradh ceanann céanna, leis na himpleachtaí ceanann céanna d'Éire agus don Aontas Eorpach.

Deputy Brian Cowen

Tá comhthéacs difriúil ann.

Deputy Aengus Ó Snodaigh

Tá comhthéacs difriúil ann go huile agus go hiomlán. Má tá an comhthéacs chomh difriúil sin, ba chóir dul ar ais agus conradh a fháíl a bhraitheann ar an gcomhthéacs iomlán nua atá ann, mar deineadh plé ar an gconradh seo nuair a bhí an comhthéacs go hiomlán difriúil. Dá rachadh an Taoiseach ar ais, ní bheadh an conradh seo againn in aon chor. Bheadh níos mó cosanta ann d'ár bhflaitheas agus ár ngéilleagar ann. Ach is cuma sa tsioc leis an Taoiseach, mar chuaigh sé agus thug sé guarantee do mhuintir na hEorpa nach raibh sé ag lorg athraithe ar an gconradh seo agus go nglacfadh sé leis. Is cuma sa tsioc leis agus sin atá déanta aige. Ar an 12 Meitheamh 2008 chaith muid vóta agus dúirt muid "Níl", ach anois tá an Rialtas ag cur iachaill ar mhuintir na hÉireann vóta a chaitheamh athuair ar an cheist cheanann chéanna.

Labour Party and Fine Gael Deputies say the guarantees safeguard Irish neutrality and tax sovereignty and that the solemn declaration received signals the European Union's goal to protect workers' rights. Ba mhaith liom dul tríd na ceisteanna atá ardaithe agamsa agus ag daoine eile ceann ar ceann. On neutrality, the decision of the Heads of State, agreed last Friday, states that the Lisbon treaty does not affect or prejudice Ireland's traditional policy of military neutrality. This tells us that Irish troops can only be sent abroad with the consent of the Government, the Council of Ministers and the Oireachtas. Sinn Féin never disputed that. Indeed, the Lisbon treaty is very clear in this regard.

However, neutrality is not only about what a country does with its troops. It is also about the alliances formed and what a country does with its resources and what other member states do in one's country's name. The Lisbon treaty makes clear its intent when it states there shall be a common defence. In expanding the scope of permissible military missions it demonstrates its desire to move beyond peacekeeping and civil reconstruction. In reasserting the compatibility of the European Union foreign and defence policies with those of NATO, it reminds us that the emerging EU common defence is clearly aligned. Provisions for permanent, structured co-operation create the real possibility that wars we do not support will be fought in our name and with our resources.

Deputy Brian Cowen

Cé atá ag ardú na taibhsí anois?

Deputy Aengus Ó Snodaigh

Níl mise ag ardú taibhsí. Tá seo sa chonradh. Ba chóir don Taoiseach é a léamh an uair seo. B'fhéidir go gcuideodh sin leis míniú a fháil as.

Deputy Brian Cowen

Tá níos mó eolais agamsa ar an gconradh ná mar atá ag an Teachta.

Deputy Aengus Ó Snodaigh

Is cuma sa tsioc liom má tá níos mó eolais ag an Taoiseach. Ba chóir dó an téacs a léamh. Ansin, b'fhéidir go dtuigeadh sé é. Tá sé léite agamsa cúpla uair faoi seo. Tá sé deacair é léamh, mar níor cuireadh os ár gcomhair é sa bhealach ceart.

Deputy Micheál Martin

Caithfidh an Teachta é a léamh arís agus na geallúintí atá leis.

Deputy Aengus Ó Snodaigh

Léifidh mé arís é. Tá mé sásta a rá gur léigh mé é. Ní dúirt an Taoiseach fós go bhfuil sé léite aige nó go bhfuil sé sásta é a léamh.

The Taoiseach

Bíonn Sinn Féin i gcoinne an Aontas Eorpaigh is cuma cibé conradh atá os ár gcomhair. Sin é polasaí bunúsach Shinn Féin.

Deputy Aengus Ó Snodaigh

Níl sé sin ceart.

The Taoiseach

Bhí Sinn Féin i gcoinne an Aontas Eorpaigh gach uair a bhí conradh le plé ó 1972 go dtí an lá atá ann inniu.

Deputy Aengus Ó Snodaigh

Bhí agus tá an ceart againn seasamh i gcoinne an chonartha seo.

The Taoiseach

Cibé conradh a bhí os ár gcomhair, bhí Sinn Fein ina choinne.

Deputy Aengus Ó Snodaigh

Bhí muid sásta agus thug muid na leasa ba cheart a ghlacadh sa chonradh don Rialtas sula ndeachaigh sé isteach in aon díospóireacht faoi seo. Má ligfidh an Taoiseach dom, leagfaidh mé síos roinnt den chuid eile.

The Taoiseach

Lean ar aghaidh.

Deputy Aengus Ó Snodaigh

Beidh díospóireacht leanúnach againn ar feadh cúpla mí ar an gcás seo. Anyone else in doubt about the implications——

An Leas-Cheann Comhairle

The Deputy has three minutes left. The Minister might address any questions immediately after.

Deputy Aengus Ó Snodaigh

Tá sin ceart go leor. Sa trí noiméid fágtha, déanfaidh mé iarracht déileáil le cúpla ceist eile. Bhí mé ag labhairt faoi the mutual defence clause. It creates obligations incompatible with any internationally-recognised definition of neutrality. Anyone in any doubt about the implications of the Lisbon treaty for Irish neutrality should read the exchange of views in the opinion section of The Irish Times sparked by the Dublin City University academic, Dr. Karen Devine. It was an interesting debate which went back and forth from November to December last year

On taxation, the Council decision tells us nothing new. Under the Lisbon treaty any move to a common corporation tax system across Europe would require a unanimous vote at the Council of Ministers. Anyone who read the treaty could tell one this. Sinn Féin's concerns on taxation rest with Article 48 of the treaty. It allows the Council of Ministers, by unanimous decision, to alter the text of existing EU treaties. Despite the protestations of the Minister, Deputy Martin, he has not adequately addressed in this House or in the public domain the issues surrounding Article 48. I will spell it out for him in the very short period I have left.

If the EU wanted to agree a common corporation tax system, it would have to do so as part of a broader treaty revision process. This would require unanimity at Council level and ratification by each member state, including a referendum in this State. However, Article 48 allows the Council of Ministers to make significant changes to the treaties by unanimity, but without recourse to what some in Europe and in this House see as the cumbersome process of negotiation, ratification and, in Ireland, a democratic referendum.

The Lisbon treaty does not affect our tax sovereignty but makes it easier for the Council of Ministers to make changes in the future without the inconvenience of a referendum. Fine Gael and the Labour Party are already on record as supporting some form of corporate tax harmonisation, while Fianna Fáil, despite its——

Deputy Eamon Gilmore

Sinn Féin want to increase corporation tax.

Deputy Aengus Ó Snodaigh

Yes, but we do not support tax harmonisation. There is a difference.

Deputy Eamon Gilmore

We will lose jobs.

Deputy Aengus Ó Snodaigh

It is for our benefit. Fianna Fáil, despite its assurances, could not be trusted on this or any other matter of importance.

With respect to workers' rights and public services, the very fact that the issue is now being treated differently, in the form of a non-legally binding declaration, demonstrates the fine and solemn words are more like an election promise by Fianna Fáil or Fine Gael politicians a week before polling day, notwithstanding that there is neither the political will or intention to alter the current direction of EU policy and the European Court of Justice decisions in this regard. The solemn declaration is laced with false sincerity and is destined to be forgotten the moment the ballot boxes are closed. I had a number of other issues I wished to raise, but in the months to come we will have a more frank exchange on this.

An Leas-Cheann Comhairle

I call on the Minister for Foreign Affairs, Deputy Micheál Martin, to give his address and then he will take any questions. Is that agreed? Agreed.

Minister for Foreign Affairs (Deputy Micheál Martin)

The Taoiseach has already reported to the House on the institutional issues that were resolved at the Council, namely, Ireland's Lisbon treaty guarantees and the appointment of a new President of the Commission. I will return to Ireland's legally binding guarantee on security and defence in a moment, but first I wish to report on the important foreign policy issues we considered in Brussels.

The Council stressed that the outcome of the Iranian elections should reflect the aspirations and choices of the people of Iran and strongly condemned the use of violence against protestors. It called for the immediate and unconditional release of Aung San Suu Kyi and urged the Burmese Government to embark on a genuine transition to democracy which would help bring peace and prosperity to the people of that country who have endured decades of authoritarian rule.

The Council condemned the recent nuclear test and missile launches carried out by the Democratic People's Republic of Korea. The EU welcomed Pakistan's resolve to step up counter-terrorism efforts and recognises the sacrifices the Pakistani people and armed forces are making. The Union also committed itself to supporting the Government of Pakistan in implementing a comprehensive rehabilitation and reconstruction plan for the region. It reaffirmed its long-term commitment to supporting Afghanistan on its path to security, stability and prosperity, while stressing that primary responsibility for the development of the country lies with the Afghan authorities.

Membership of the European Union enables Ireland's voice to be heard more clearly on international issues. Through the EU, we can exert a meaningful influence on the world around us. By combining with countries of like mind, we can help promote the international values we hold dear. At the Council, Ireland secured a set of legally binding guarantees, which will be annexed to the treaties as a protocol after the Lisbon treaty enters into force.

One of these guarantees relates to security and defence. Some treaty opponents have claimed, mischievously, that this guarantee is not watertight. They maintain that it will be open to interpretation by the European Court of Justice. This is totally untrue. The reality is that the Court has virtually no jurisdiction over the common foreign and security policy of the Union. This will not change under Lisbon. The treaty makes this plain.

Certain aspects of the Union's external policies will change as a result of Lisbon. One of the treaty's key aims is to give the Union a more coherent international voice. Two new posts will be created, the President of the European Council and the High Representative for Foreign Affairs and Security Policy. These new posts are intended to improve the way in which the Union operates internationally.

Under the Lisbon treaty, the Union will be better equipped to deal with international crises wherever they arise. We have had good examples in the past year of why the Union needs to be better equipped to cope with international problems. Last year's crisis in Georgia underlined the need for a Union capable of speaking and acting cohesively. The interruption of gas supplies from Russia through the Ukraine in January left homes in a number of EU countries without heating in the depths of winter. The Union's ability to act in the shared interests of the member states helped defuse that energy security crisis. Securing Europe's energy supplies will be a continuing priority for the EU in the years ahead. No small country can possibly cope with such issues alone.

Since 2003, the EU has launched 23 crisis management operations, of which 17 have been civilian operations. Only six of them have been military. We should be proud that Ireland has been involved in 10 of these missions. The operations commander for one of them, the EUFOR mission in Chad and the Central African Republic, was an Irish general, Pat Nash. He led 4,000 troops from 19 nations in a mission which protected 400,000 displaced persons and refugees fleeing the conflict in Darfur. As a result of their efforts the women in the refugee camps could forage for firewood nearby without running the risk of being raped by rebels or bandits. Attempts to dismiss operations such as this as some form of imperialism or a militarisation of Europe, as we have just heard, are an insult to the professionals involved and to the vulnerable people they are trying to protect.

The Taoiseach

Hear, hear.

Deputy Micheál Martin

Under Lisbon, a new external action service would mean that the professional work of EU experts in conflict prevention and peacekeeping can be better co-ordinated. The Lisbon treaty is about providing the Union with an enhanced capacity for peacekeeping, conflict prevention and strengthening international security in accordance with the principles of the UN charter.

It is worth recalling that when he visited Dublin in 2004 the then Secretary General of the United Nations, Mr. Kofi Annan, welcomed the development of the EU capabilities and the work we are doing together in the field of crisis management. He said he wanted to leave us in no doubt about how important strengthened EU capacities are to the UN. That is why it is so important for Ireland to be fully involved in the EU's foreign and security policy.

The legally binding guarantee secured by Ireland at the European Council states that the Lisbon treaty: "does not affect or prejudice Ireland's traditional policy of military neutrality". The guarantee also puts it beyond doubt that the treaty does not provide for the creation of a European army or for conscription to any military formation. The significance of this is that it gives watertight legal assurance to Ireland on these points which were a bone of contention last year. I would like the coming debate on the Lisbon treaty to concentrate on the reality of the EU's foreign policy, which is fully consistent with Ireland's traditions and aspirations.

We need to prevent those who oppose our EU involvement from misrepresenting the Union's external policies. Those who have doubts can look to our legal guarantees for clear, unambiguous assurance. No one in Europe wants to cede national responsibility for defence issues. President Sarkozy made that clear in March when he said:

Today, [France's] armed forces are and will remain national because our armed forces are the ultimate expression of our sovereignty. Our armed forces will not be integrated into any supra-national army whose control is beyond us. Besides, to be honest, no one wants this ... I have never come across a government which wants a supra-national army. I have not seen a government at the European Council ever ask for anything other than unanimity on the deployment of forces.

Last month the Peace and Neutrality Alliance said there would be a "Yes" vote on Lisbon if there was a legal guarantee on neutrality. We got that last Friday. In April, the same alliance urged us to insist on a protocol. We got that too. Let me quote from our legally-binding guarantee, soon to be enshrined in a protocol. It states:

The Treaty of Lisbon does not affect or prejudice Ireland's traditional policy of military neutrality . . . The Treaty of Lisbon does not provide for the creation of a European army or for conscription to any military formation . . . It does not affect the right of Ireland to determine the nature and volume of its defence and security expenditure.

I repeat: no European army; no conscription; and no obligation to increase our defence spending. These represent important, explicit assurances. Fair-minded people will, I believe, see them as putting to rest the various concerns about defence and security that surfaced last year.

Deputy Kenny asked about the dairy sector. The European Council discussed the current situation in the dairy market and invited the Commission to present an in-depth market analysis within the next two months. The market analysis would include possible options for stabilising the dairy market while respecting the outcome of the health check. During the discussion, the Taoiseach urged the Commission to take immediate action because the sector is seriously threatened with current price volatility and poor returns in the market. He emphasised the importance of the milk sector to agriculture and to the economy in general.

The Commission's report will be prepared in the context that it must respect the outcome of the health check. It will be recalled that in the health check negotiations in November 2008, Ireland supported the outcome to increase milk quotas by 1% per annum in each of the five years from 2009 to 2013. To suspend these increases would limit Ireland's production potential in the medium term. The issue of a reversal in quota expansion should not arise within the mandate granted by the Council to the Commission.

The Community has already agreed to introduce public intervention storage for butter and skimmed milk powder, and a private storage aid scheme for butter. These schemes will come to a seasonal close in August and, given the current market situation, Ireland has sought the continuation of these schemes for a further period. In addition, while the Community has reinstated export refunds for butter, skimmed milk powder, whole milk powder and cheese, Ireland believes that refunds should be further increased to enable greater volumes of dairy products to be exported to countries outside of the European Union.

The Taoiseach had meetings in Brussels with the IFA and the ICMSA. They both indicated their firm view that more market support was required from the European Union to address the current slump in dairy prices. These views were fully reflected at the European Council.

Deputy Billy Timmins

I welcome the Minister's remarks with respect to external relations issues. I concur with him on his analysis of the guarantees that have been given as it is important to put these issues to bed. In many respects, what Deputy Ó Snodaigh said about the treaty not changing is true. However, surely after these guarantees have been given and the commitment to the protocols made, while the treaty has not changed per se, Deputy Ó Snodaigh’s understanding of it, and that of many of the “No” campaigners, should have changed because what is and is not in the treaty is now clearly outlined.

There is also the issue of the political commitment to retain our Commissioner. Will the Minister outline what the future holds for the current Commission? Do we know when it will end and when might the Government appoint a replacement Commissioner?

Deputy Micheál Martin

The current Commission is due to reach its conclusion in November, which is why we indicated last December that if we received the necessary guarantees and the change in regard to each member state retaining its Commissioner, we would put the issue before the people to facilitate the formation of the new Commission under the Lisbon treaty. If the new Commission is appointed under the Nice Treaty, the likelihood is that there will be a reduced Commission, with the implication that Ireland could lose its voice at the Commission table and could lose a Commissioner. Therefore, it makes sense that if everybody is agreed we should retain our Commissioner, we would vote "Yes" to the Lisbon treaty because that is the only logical, legal way that we can facilitate the retention of a Commissioner for Ireland into the future.

I have no idea when Ireland will appoint its Commissioner but that is obviously the Taoiseach's prerogative.

Deputy Joe Costello

To follow Deputy Timmins' point on the Commissioner, the Taoiseach has already indicated there would be hearings between the three main political groupings in the European Parliament in regard to the possible appointment of President Barroso for a second term. It is welcome news that the European Council will press ahead with the appointment, as was suggested in some of the discussions in the past week.

What is the thinking in regard to a nominee for our Commissioner, who must be appointed by November? It is always extremely important that we get a strong Commissioner who will carry clout and get a strong portfolio. It was obviously part of the thinking of some of the "No" campaign that we, and each member state, would have a strong Commissioner who sits around the table and carries a fair amount of clout. Would it not be appropriate that we would have some form of hearing prior to the nomination of a Commissioner and that the House would be involved, rather than it being a simple act of the Executive? In that way, the eventual nominee would be the agreed nominee of the Oireachtas Members, which is appropriate given the proposed extra powers that will be given to the Oireachtas under the subsidiarity arrangements in the Lisbon treaty, if it goes through on the next occasion? The Minister might respond.

In the context of a question I asked in the course of my earlier remarks, can we get a commitment from the Government on the implementation of domestic legislation concerning workers' rights and social rights issues, particularly those enumerated by Deputy Gilmore in regard to Towards 2016? It is one thing to pay lip service to workers' rights but, while the amount of such rights to have come from Europe is extraordinary and our legislation and people's rights have been improved no end due to directives from the European Union, we are behind in the implementation and transposition of some of these issues. Can we get a commitment that critical areas such as the compliance legislation which is before the House and the issues of the agency workers directive, the posting of workers directive and industrial relations matters will be dealt with, that there will be some attempt to deal with them as far as is possible prior to 9 or 10 July and that there will be a commitment to address them afterwards if they cannot be addressed prior to the vote on the referendum?

It has been indicated in the media that it is part and parcel of the intentions of the Government to introduce a European Defence Agency Bill that would provide for certain provisions in regard to participation in the European Defence Agency. Will that legislation come to the House before the Dáil rises?

Deputy Micheál Martin

On the Commissioner issue, that is obviously a function of the Executive and in due course the Taoiseach will take that decision. All of the activities of the Government in this direction will be to secure an important position for Ireland in a new Commission. Of course, we must pass the Lisbon treaty first. If we seek a position of clout, a prerequisite would be the need to endorse and support the Lisbon treaty. Without this we would enter uncertain territory because we would then operate under the Nice treaty parameters which could potentially mean that we may not get any position. I am not saying that will be the case but some states will not get any, although we do not know which states.

The European Parliament has a very strong role now in vetting the nominees for the role of Commissioner. In the domestic tradition the post has been selected from among those with an executive function which could lead to a debate or commentary here. We do not have a process of formal hearings nor will we end up with hearings for those nominated for the post.

Deputy Joe Costello

Why not? Not much extra would be involved and it would lend an extra something to the person concerned.

Deputy Micheál Martin

It would also give considerable room for mischief making as well.

Deputy Joe Costello

Not at all. That is a terrible reflection on the House.

Deputy Micheál Martin

I refer to the question on workers' rights issues. A disappointing aspect of the debate on workers' rights has been the degree to which people glossed over the importance of the charter, which conveys significant additional rights to workers, including rights to information and consultation within an undertaking, the right of collective bargaining and action, the right of access to placement services, protection in the event of unjustified dismissal, fair and just working conditions, prohibition of child labour and protection of young people at work and in family and professional life, social security and assistance and so on. I have made the point to trade unions that, irrespective of what occurs domestically, it is illogical to suggest that a "No" vote against the Lisbon treaty advances the cause of workers. It is incomprehensible to anyone.

Let us consider the charter, which would have treaty force if it is passed. It clearly advances the cause of workers not only throughout Europe, but here too. It is the case that issues will flow from it domestically but some countries opted out of the charter because of the rights it enshrined for workers. If Ireland votes "No", it would disadvantage the position of workers and those in politics who wish to advance the cause of workers' rights in future. That would be an actual consequence of a "No" vote. It would impair the capacity of those who wish to advance the cause of workers' rights in Ireland very significantly. The fundamental issue concerning workers' rights is the charter. Having considered the matter, I am clearly of the view it represents an advance for workers.

The Employment Rights Compliance Bill is before the House and NERA, the National Employment Rights Agency, has been established as part of the Towards 2016 agreement. It is operational throughout the country and its establishment was necessary because of events involving Gama Construction and other incidents of widespread abuse. There is also a need for a practical, pragmatic approach in the current environment. I refer to the Minister of State with responsibility for labour affairs. The Taoiseach has consulted with the social partners in the context of social partnership. I understand amendments in respect of the Bill will be published in July but it is on Committee Stage as we speak. The Agency Workers Bill should be published shortly and other areas identified by Deputies Joe Costello and Eamon Gilmore are being addressed, some of which are complex, especially those emanating from court judgments last year. It is intended to publish the EDA, European Defence Agency, Bill sometime before the referendum.

Deputy Aengus Ó Snodaigh

I wished to put a question on the Lisbon treaty but there will be another opportunity. I refer to the European Union and Israel preferential trade agreements. Was there any discussion on the suspended upgrade of those trade agreements? Was there a discussion on scrapping or reigniting the suspended trade agreement given the continued settlement policy of Israel in the West Bank and the continued blockade of Gaza?

Deputy Lucinda Creighton

I refer to the issue of the new Commission. Has the Minister any thoughts on how the portfolios in the European Commission might be improved or enhanced after the Lisbon treaty process is completed? There are concerns in respect of the current Commission, its size and the relevance of some of the portfolios. Will there be an opportunity to revamp it and to change the portfolios? What post does the Minister envisage as preferable for the Irish Commissioner in the context of the issue of the European Defence Agency?

Deputy Micheál Martin

Is the Deputy seeking a post? I refer to two issues raised by Deputy Ó Snodaigh. A simplified revision procedure applies to Article 40 in certain very limited and defined circumstances. Under that procedure there is a provision for the European Council to unanimously agree amendments to articles dealing with the internal policies of the union. However, such amendments cannot increase the union's competencies. Moreover, they must be approved by all member states in accordance with their respective Constitutional requirements. I trust this addresses the issue raised earlier by the Deputy related to Article 48.

In terms of the Israeli EU upgrade, it was decided that now was not the time to upgrade that relationship or other relations with Israel. Ireland made a strong contribution at the General Affairs and External Relations Council meeting. Some key issues relating to Gaza remain to be dealt with. The humanitarian crisis is ongoing and is altogether unacceptable in terms of the failure to open up crossings and allow the free flow of aid.

I refer to the question on the formation of the Commission and the type of portfolio sought by Ireland. I have not yet given detailed consideration to the matter. My immediate priority has been to help and contribute to the process which led to the Council last week, to the ratification by the people of the Lisbon treaty and to argue and persuade for its ratification as the best way to ensure we secure a good portfolio and a seat at the table. My fear would be that if we do not ratify the Lisbon treaty there is every potential that we may not secure this.

Deputy Timmins raised an issue related to Guantanamo Bay. Yesterday, the Government announced a decision to examine the cases of two detainees cleared for release from Guantanamo Bay. We have been in consultation with the US State Department to establish how we might assist the USA in finding residence for detainees cleared for release who for compelling reasons cannot be returned to their country of origin. The US has proposed two detainees for our consideration and their cases are being examined. EU member states have developed a framework to exchange information among those states which have offered to take detainees. It is a matter for individual member states to make a decision on whether to accept detainees and, as in our case, other countries are considering their positions. For example, Prime Minister Berlusconi has indicated that Italy may take up to three detainees. Outside of the EU, the British dependency of Bermuda accepted four former detainees some ten days ago. Others are considering similar moves. We have welcomed President Obama's decision to close Guantanamo Bay and his determination to do so within one year. I am confident the facility will be closed and any decision to accept detainees is based on that. We look forward to the report of the US detention task force, expected next month. It will report on the interrogation, detention, trial and torture practices of the US at Guantanamo Bay.

Sitting suspended at 2.30 p.m. and resumed at 2.32 p.m.