I move:
That Dáil Éireann
having regard to—
(a) the Resolution of Dáil Éireann of 8th October 2009, approving the terms of the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community,
(b) the provisions of the European Union Act, 2009 (‘the Act’), and
(c) the Joint Report of the Joint Committees on European Affairs and European Scrutiny on Implementation of the Lisbon Treaty: Interim arrangements on the enhanced role of the Houses of the Oireachtas,
pending the outcome of the review referred to in paragraph (f) of this Resolution, and
notwithstanding anything contained in the Orders of the Dáil of 23rd October, 2007, establishing the Joint Committees on European Affairs, European Scrutiny and Justice, Equality, Defence and Women's Rights,
hereby resolves that the following arrangements shall apply until the adjournment of the Dáil for the summer recess 2010:
(a) the detailed work to support the role of Dáil Éireann under section 7 of the Act shall be undertaken by the appropriate Select Committees appointed by Dáil Éireann, as outlined in paragraphs (b) to (e) of this Resolution, which shall, in the interests of efficiency, work jointly with their Seanad counterparts in carrying out their responsibilities under this Resolution, subject to the sole discretion of the Select Committees appointed by each House to resolve to act independently;
(b) all draft legislative acts transmitted to the Dáil shall stand referred to the Select Committee on European Scrutiny, which shall have responsibility for considering whether draft legislative acts are in compliance with the principle of subsidiarity under section 7(3) of the Act, subject to the following:
(i) in forming a reasoned opinion on whether a draft legislative act complies with the principle of subsidiarity, the Committee shall consult with the Joint Committee on European Affairs, and such other Committee(s) and stakeholders as the Committee sees fit;
(ii) where the Committee is of the opinion that a draft legislative act is in breach of the principle of subsidiarity, it shall submit a reasoned opinion to this effect by way of report which shall be laid before the Dáil;
(iii) where a report has been laid by the Committee under paragraph (b)(ii), the Chairman shall forthwith table a motion thereon under section 7(3) of the Act, which shall be given priority on the Order Paper;
(iv) where the Dáil approves the motion referred to in paragraph (b)(iii), the Ceann Comhairle shall send a copy of the Resolution, together with a copy of the report referred to in paragraph (b)(ii), to the Presidents of the European Parliament, the Council and the Commission; and
(v) four members of the Select Committee shall constitute a quorum for the purpose of considering business comprehended by this paragraph;
(c) the Select Committee on European Affairs shall have responsibility for considering such notifications as may be referred to it by Dáil Éireann under section 7(1) of the Act, subject to the following:
(i) in considering such notifications, the Committee shall consult with such other Committee(s) and stakeholders as the Committee sees fit;
(ii) where the Committee is opposed to the decision to which the notification refers, the Committee shall lay a report to this effect before the Dáil;
(iii) where a report has been laid by the Committee under paragraph (c)(ii), the Chairman shall forthwith table a motion thereon under section 7(1) of the Act, which shall be given priority on the Order Paper;
(iv) where the Dáil approves the motion referred to in paragraph (c)(iii), the Ceann Comhairle shall send a copy of the Resolution, together with a copy of the report referred to in paragraph (c)(ii), to the President of the European Council; and
(v) where the Committee is not opposed to the decision to which the notification refers, the Committee shall send a Message to this effect to the Dáil;
(d) the Select Committee on Justice, Equality, Defence and Women’s Rights shall have responsibility for considering such notifications as may be referred to it by Dáil Éireann under section 7(2) of the Act, subject to the following:
(i) in considering such notifications, the Committee shall consult with the Joint Committees on European Affairs and European Scrutiny, such other Committee(s) and stakeholders as the Committee sees fit;
(ii) where the Committee is opposed to the decision to which the notification refers, the Committee shall lay a report to this effect before the Dáil;
(iii) where a report has been laid by the Committee under paragraph (d)(ii), the Chairman shall forthwith table a motion thereon under section 7(2) of the Act, which shall be given priority on the Order Paper;
(iv) where the Dáil approves the motion referred to in paragraph (d)(iii), the Ceann Comhairle shall send a copy of the Resolution, together with a copy of the report referred to in paragraph (d)(ii), to the Council; and
(v) where the Committee is not opposed to the decision to which the notification refers, the Committee shall send a Message to this effect to the Dáil;
(e) the Select Committees on European Affairs and European Scrutiny shall each have power to consider whether an act of an institution of the European Union infringes the principle of subsidiarity under section 7(4) of the Act, subject to the following:
(i) in considering whether an act of an institution of the European Union infringes the principle of subsidiarity, the Committee shall consult with such other Committee(s) and stakeholders as the Committee sees fit;
(ii) where either Committee is of the opinion that an act of an institution of the European Union infringes the principle of subsidiarity and wishes that proceedings seeking a review of the act concerned be brought to the Court of Justice of the European Union, the Committee shall lay a report to this effect before the Dáil;
(iii) where a report has been laid by the Committee under paragraph (e)(ii), the Chairman shall forthwith table a motion thereon under section 7(4) of the Act, which shall be given priority on the Order Paper;
(iv) where the Dáil approves the motion referred to in paragraph (e)(iii), the Ceann Comhairle shall send a copy of the Resolution, together with a copy of the report referred to in paragraph (e)(ii), to the Minister for Foreign Affairs; and
(f) the Joint Committee on European Affairs and the Joint Committee on European Scrutiny shall review the operation of the interim arrangements at paragraphs (a) to (e) of this Resolution and shall jointly report thereon (and on such related matters as the Committees think fit) to Dáil Éireann within six months, whereupon the Committee on Procedure and Privileges shall recommend to the Dáil such amendments to the Standing Orders of Dáil Éireann and the Orders of Reference of Committees as may be required.”