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JOINT COMMITTEE ON EUROPEAN AFFAIRS debate -
Wednesday, 13 Feb 2008

Vol. 188 No. 12

GAERC Meeting: Discussion with Minister of State.

The next item is a discussion with the Minister of State with responsibility for European affairs on the forthcoming General Affairs and External Relations Council meeting which will take place on Monday. I welcome the Minister of State. We realise the constraints on his time and we appreciate the long day he has ahead and important business he must do.

Once again it is a privilege to be before the committee and to outline the agenda for next week's General Affairs and External Relations Council meeting, which will be the second under the Slovenian Presidency. The Minister, Deputy Dermot Ahern, will represent Ireland at that meeting. However, unfortunately because he is travelling he cannot be here today and sends his apologies. Before I move on to the Council agenda, I thank the committee for its continued engagement in public information on the reform treaty in recent weeks. Its meetings have been widely appreciated. I was particularly impressed with the meeting with the farming community.

While the reform treaty is about many things, I want to focus briefly on its democratic dimension. It makes a genuine effort to enhance the Union's democracy. The institutional reforms will make the EU more democratic. As the leader of the Labour Party said in a very stirring speech in Dublin Castle, one thing is beyond doubt or denial, which is that when the treaty has been ratified the EU will be more democratic. It will increase democracy by giving national parliaments increased supervisory powers over the EU's legislative process. It also gives greater powers to the European Parliament by strengthening its law-making powers and its budgetary role. In addition, it provides for a new citizen's initiative which will give individual EU citizens a new and direct say on European matters. I mention this because claims made to the contrary by elements in another campaign are demonstrably false and are clearly intended to mislead the people.

Of particular relevance to the members of this committee and to all Members of the Oireachtas is the enhanced role the treaty gives to national parliaments. Some have sought to down play this. They should not. It is an important democratic innovation others would say is long overdue.

National parliaments will have a real and formal role in monitoring draft EU legislation. If one-third of the parliaments share the same view on a Commission proposal, the treaty enables them to issue a reasoned opinion on whether such a proposal respects the principle of subsidiarity. In other words, national parliaments will be given the power to wave a yellow card at a Commission proposal and declare it to be something that can best be dealt with at local or national level. This is an important power. The Commission would then be obliged to review any such proposal. The existence of the yellow card will in itself make the Commission more responsive to the concerns of parliaments and ultimately to all of our citizens.

This step should not be underestimated. It will give Members of the Oireachtas a direct say they have never had before. After all we are the voice of the people in this Republic. By extension, our constituents, Irish citizens, will be brought more into the mainstream of EU's decision making. This is exactly what those who negotiated the reform treaty have been aiming to do. This democratic advance is one of the many reasons the reform treaty deserves wholehearted support. I am sure we will return again to the treaty in the months ahead.

Next week's Council meeting has a fairly busy agenda dealing with several significant issues. On the general affairs side there is preparation of the spring European Council, which is always a very important part of the work of the GAERC. The first item on the general affairs agenda is the preparation of the spring European Council scheduled for 13 and 14 March. The General Affairs and External Relations Council will briefly examine the first draft annotated agenda for the Council meeting. The draft agenda, which was received late yesterday, provides the basic outline of issues to be discussed by EU leaders at the summit. Details under each policy heading have yet to be specified. When this committee meets again next month, I will then be able to brief it in detail.

The spring European Council, as we know, traditionally concentrates on economic and social issues in the framework of the Lisbon Agenda. A key issue to be addressed at the Council is climate change and energy, two of the big pressing issues facing Europe and the world in the years ahead. Ireland, like all member states, is studying the package of measures announced by the Commission last month. These have set the basis for a challenging negotiating process that is set to continue for some time. The Government has already adopted challenging national targets in the sustainable energy White Paper, which represent a very substantial advance on our present position. We are committed to achieving those targets.

The second issue is the entry into force of an ecological and fisheries zone declared by Croatia, an issue of local interest in the Adriatic. Both Slovenia and Italy have concerns about this matter. Slovenia has indicated an interest in this issue being on the agenda, although no conclusions are anticipated.

On the external relations side, the Council will consider a number of items at the formal session before having a substantive discussion over lunch on the western Balkans and Kosovo in particular. The first of the items to be discussed will be the European Neighbourhood Policy. The Council will welcome a recent Commission communication on ENP as providing a useful contribution to further reflection on where work should be taken forward in deepening the Union's relations with its neighbours to the east and south. Areas for action identified include deeper economic integration, greater people-to-people contacts, and co-operation in sectoral reforms in areas such as energy security and climate change. The Council will also reiterate the importance of ENP as a tool for promoting reforms and modernisation in the neighbourhood.

Ireland fully supports the European Neighbourhood Policy. It provides an overall framework which is broad enough to include all our neighbours, while allowing us to work with each state on its own terms. It provides a mechanism for sharing the benefits that membership of the Union has brought. Ireland supports the areas for further action set out in the conclusion, and looks forward to additional progress being made.

I come to the ongoing issues relating to the Middle East peace process. Discussion of the external relations items is likely to start with Ministers reviewing recent developments in the Middle East peace process. The EU strongly supports the negotiating process launched at the Annapolis conference in November and has welcomed the start of bilateral negotiations on final status issues last month. It is very welcome that the Israeli Prime Minister and the President of the Palestinian Authority are now committed to reaching a final status agreement by the end of 2008, and that the US Administration is so centrally involved in supporting the process. The EU is determined to play a positive political role directly with the parties and as a member of the international Quartet.

Unfortunately, events on the ground in Israel and the occupied Palestinian territories now threaten to undermine the important political progress made in recent months. The Government has been deeply concerned at the recent upsurge in violence in Gaza and in particular by the tragic deaths of civilians. The Minister, Deputy Dermot Ahern, has strongly condemned the killing of Palestinian civilians in recent weeks and the suicide bomb attack in an Israeli town on 4 February, in which an Israeli woman lost her life. Like all sovereign states, Israel has the right and duty to protect its citizens from rocket attacks. We have consistently condemned these attacks. Those with influence, including Hamas, should use that influence to stop them.We have also consistently made the point that these events have proved that there can be no military solution to the conflict. We on this island know better than most that conflicts will ultimately be solved by people talking to each other. I repeat the Government's call for an urgent end to all violence in and from the occupied territories, a genuine freeze on the building of settlements, the lifting of restrictions on movement and an end to the isolation of the 1.5 million citizens in Gaza. The only way forward is through political negotiation, no matter how difficult such a course may be in the current circumstances.

The Council may also discuss the Iranian nuclear issue, although it is not yet confirmed that this will be on the agenda. The EU is working closely with the United States, Russia and China to press Iran to engage seriously with the international concerns about this issue. We support the work going on in New York, where members of the Security Council are considering a possible further resolution, which would extend the measures already taken under chapter VII of the charter. It is thought that a further draft resolution might be put before the Security Council later this month. In any discussion at the GAERC, Ministers are likely to take note of this continuing work in the Security Council, and reserve detailed discussion on any further EU action until a future meeting, by which time a new Security Council resolution may have been adopted.

Under the Africa item which appears on the agenda, the EU Presidency intends to discuss two specific country situations, namely, Kenya and Chad. The Council will have a timely further review of recent developments in Kenya. It is encouraging that the panel of eminent African personalities, headed by former UN Secretary General, Kofi Annan, appears to be making good progress in brokering a political settlement. The international community is united in its support of the Annan initiative, which represents the only realistic option for achieving early progress. As indicated by the Minister for Foreign Affairs when responding to questions in the Dáil last week, Ireland has decided to provide €100,000 in financial support for the Annan peace talks, following a request for assistance received from the United Nations in New York.

The Council is likely to adopt conclusions on Kenya which will reiterate the Union's full support for the Annan initiative and the expectation that both the Kenyan Government and the Opposition will engage constructively with it, in order to find a political settlement reflective of the democratic will of the people. Until such time as a political settlement is achieved, it cannot be business as usual with the Kenyan Government, given the very serious question marks which remain over the outcome of the Presidential election. This is also likely to form part of the message which the Council delivers on Monday. The signs of progress emanating from the talks suggest that these messages are getting through to both sides in Kenya, as they seek to deliver both the country and the region from this major political and humanitarian crisis.

Recent events in Chad have also been a major pre-occupation for the Union, and the Council will review these developments and their impact on the deployment schedule of the EUFOR Chad/CAR mission. The Council is expected to reaffirm the EU's support for the mission and its readiness to continue close co-operation with all involved in efforts to resolve the conflict, particularly the UN and the African Union.

Latest reports indicate that the rebel threat to take N'Djamena has now diminished and the security situation has stabilised. The Council is expected to condemn the rebel attacks aimed at overthrowing the Deby Government and make clear the need for constructive political dialogue within Chad in order to achieve a peaceful resolution to the current crisis. It is also important to recognise the regional dimension of the crisis and the need for both Sudan and Chad to stop supporting armed groups operating from within their territories, and instead to work strenuously to resolve their bilateral differences.

Force deployment recommenced yesterday, following the advice of the force commander, General Nash. A contingent of Irish troops is expected to deploy next week. The Defence Forces headquarters in Dublin, the operational headquarters in Paris and the force headquarters in Abeche are continuing to monitor closely the situation on the ground. I am sure every committee member will send their thoughts and best wishes to members of the Defence Forces who are going out there. It is hoped that the mission will reach initial operating capability by mid-March. The mission is planned to reach full operational capability before the onset of the rainy season in May or June, by which stage the Irish contribution will be in the region of 400 personnel, primarily drawn from the western brigade.

Ministers will adopt brief conclusions on Burma at GAERC, reflecting on recent developments and reiterating the EU's full support for the Gambari mission. The EU continues to remain active on this issue. The Burmese regime has now announced its intention to organise a referendum on a new constitution in May, in advance of multiparty elections in 2010. However, these decisions have not emerged from any inclusive process of internal dialogue within the country. On the contrary, the Opposition and the ethnic minorities have been deliberately excluded, raising very serious question marks over the value of the May referendum.

We remain equally concerned at the refusal of the Burmese regime to allow an early return visit by UN special representative Gambari. The regime must engage seriously with Mr. Gambari, including facilitating visits without conditions whenever he wishes. It is important that pressure is maintained to persuade the regime that any national reconciliation must involve the full and unhampered participation of the Opposition and ethnic groups, and also to encourage greater respect for human rights and fundamental freedoms in Burma. The conclusions to be adopted will reiterate these important points. The possibility of further EU sanctions will also be flagged.

There have been a number of recent reports that a breakthrough in the WTO negotiations may now be in prospect. There have been more than just a few false dawns in the negotiations since they began in November 2001. Whether a breakthrough can be achieved on this occasion remains to be seen. As one of the most open economies in the world, Ireland has much to gain from a well-ordered, rules-based global trading system. Ireland is fully committed to the successful conclusion of the current round of negotiations and to a balanced outcome across all the core areas covered by the negotiations. We believe that this is the only way to deliver economic growth and development gains for all participants and real benefits to the world's poorest countries.

The outcome of the negotiations on agriculture is of particular importance for Ireland. The Government view is that the EU has already made significant moves on agriculture. There is an onus on other negotiating partners to make reciprocal efforts. We continue to be concerned by the almost exclusive focus of negotiations on agriculture and, within agriculture, on market access.

The Government believes that over-emphasis on agriculture can only lead to an unbalanced outcome and it remains determined that the Commission must respect the mandate given to it by Ministers. That especially applies to the Commissioner involved in the negotiations. Ireland will continue to advocate strenuously that any proposed agreement must be balanced, must be fully in line with the mandate given by the Council to the Commission, must respect our national interests and adequately reflect the aims of the Doha development agenda.

The topic of economic partnership agreements is also likely to arise. I expect this to comprise an update on developments from the European Commission. These EPAs were needed to replace the current preferential trading regime between the European Union and African, Caribbean and Pacific countries before the end of 2007. Otherwise they could be found to be in breach of WTO rules. EPA negotiations were difficult and controversial. By the end of 2007, it was clear that comprehensive EPAs would not be signed with the six ACP regions. At the Council meeting in December 2007, it was agreed that interim agreements could be initialled with regions to prevent disruption to trade from 1 January 2008. The Government has consistently stated that the development aspects of these agreements must take priority. We remain sensitive to the immediate and real concerns of developing countries. Europe's approach to the negotiations must be one of goodwill, flexibility and partnership. The Minister of State with responsibility for overseas development aid, Deputy Michael Kitt, will continue to keep a close eye on developments. In particular, he will meet his development colleagues at an informal EU meeting in Ljubljana on Monday. The Minister of State wished he could have been here to deal with this issue and apologises for being unable to attend.

The Presidency has indicated that the western Balkans will be discussed over lunch at the GAERC. At the time of writing, there is no firm indication of the specifics of the discussion, which will be subject to political developments. However, we expect that the focus will be on Kosovo, where there is widespread expectation that independence will be declared over the coming weekend. If this takes place, the priority at the Council will be to achieve the maximum degree of unity in the EU response, even if an absolutely unified approach seems unlikely. Ministers may also be asked to mark their formal agreement to launch the ESDP rule of law mission, the EULEX mission in Kosovo.

Following on from the European Council's political endorsement in December, the necessary legal and technical preparations for the mission have proceeded at working level in Brussels. The joint action for EULEX Kosovo was agreed on Monday, 4 February and the operational plan, which is the final planning document before the launch of the mission, is due to be agreed in the coming days. The Presidency has indicated that, if the plan is not agreed by written procedure beforehand, it will be submitted to the GAERC on 18 February.

Ireland believes that, politically and diplomatically, the question of Kosovo's status places a particular responsibility on the European Union. It presents a challenge which we and our EU partners must be prepared to meet together. We welcomed the December European Council's conclusions on the importance of a unified EU approach and its clear expression of the EU's will to take the lead on the Kosovo issue, including through the launch of the ESDP mission. With Kosovo's declaration of independence now seemingly imminent, we believe that we must reach agreement at this GAERC on the launch of the EULEX Kosovo mission, and on the details of a common platform on the issue of recognition, as the basis of a clear and coherent response at EU level, even if a decision on recognition remains the national prerogative of the member states.

Ireland has strongly and consistently supported the Ahtisaari proposal, which provides for internationally supervised independence for Kosovo with strong guarantees for the rights of Serbs and other minorities. Even if Russia blocked agreement on it at UN Security Council level, we believe that the substance of the proposal provides a basis for future arrangements in Kosovo. We expect that a declaration of independence will be accompanied by a commitment to implement its provisions.

The Government has not yet taken a decision on the question of national recognition of Kosovo independence and it would be not be helpful for me to speculate on this matter in advance of any declaration of independence. As I indicated to this committee last month, on the basis of the clear and positive advice of the Attorney General concerning the continuation of UN Security Council Resolution 1244 in the aftermath of a declaration of independence, Ireland is committed to maintain the presence of our Defence Forces in KFOR. We intend to contribute members of the Garda to the ESDP mission — nine of our 14 applicants have so far been offered positions — and also to support the future economic development of Kosovo.

That concludes the GAERC agenda and I thank the members for their attention.

We would all agree that is a comprehensive agenda for next Monday's meeting and I invite members to respond to it.

In regard to the Middle East issue that was raised at the committee previously, the Israeli ambassador will address the committee next Tuesday. Invitations have also been extended to Palestinian representatives.

Will they appear before the committee together?

We do not know that yet, but probably not. The invitations were issued at the same time.

I thank the Minister of State for a detailed outline of the agenda for the forthcoming meeting. I welcome his comments on the reform treaty. It is imperative that the Government shows strong leadership on this issue as a possible polling date draws closer, and I hope the Government will soon indicate a date for the referendum.

I am sure other members will raise many issues, but I would like to refer to the situation in Kenya. I fully support the initiative led by Kofi Annan and, as the Minister of State rightly pointed out, we in Ireland are acutely aware of the absolute need for dialogue in circumstances such as those that have presented in Kenya. I note the Government has agreed to provide a sum of €100,000 in financial support for those talks, but it seems to be a somewhat paltry sum. I accept the intention is good, but I would like to hear the Minister of State's view on what more we could be doing in concrete terms. As a model of democracy, harmony and economic progress in Africa, and east Africa in particular, over the past number of decades, Kenya has been a beacon of hope for the continent. I travelled to Kenya and Tanzania last summer and while there I constantly remarked on the safety, progress, development and so forth that I saw. I am concerned about the knock-on effects that what is happening Kenya will have across that part of Africa. In concrete terms, what more can we, as a country, and the United Nations do to advance those talks?

In regard to the Chad mission, I note the Minister for Defence, Deputy O'Dea, had a meeting with General Nash. I would like the Minister of State to outline the reassurances the Minister for Defence received from General Nash in terms of the security of our troops. I echo the Minister of State's sentiments in wishing our troops the very best in terms of their contribution to the peacekeeping mission, which will be a challenging one.

It is important to point out that the mission to Chad is an excellent example of how certain people and organisations are claiming that the European Union will be militarised in the future due to the provisions contained in the reform treaty. If that militarisation means Irish participation in such peacekeeping missions, then I am proud to be associated with it and to be involved in the "Yes" campaign to ensure we can continue to participate in such missions to try to bring about democracy and ensure the protection of human rights in regions such as Chad.

Many people are concerned about the WTO negotiations, particularly in regard to Commissioner Mandelson. There is a role for the Government to put forward a robust view as to how he will conduct and represent EU member states at those negotiations. It is in Ireland's interests to be part of a united and harmonious European Union entering into and participating in those talks, but it is critical that the person to the fore reflects the views of the member states.

We discussed the advice of the Attorney General in regard to the situation in Kosovo at the presentation before the last GAERC. I welcome that advice and hope it is correct that the UN mandate will continue and Irish troops will remain deployed there. However, a larger issue the European Union needs to look at relates to how the Security Council of the United Nations operates and how Russia is able to block the preferable form of independence that Ireland would support. It is unfortunate that Kosovo is being backed into a corner whereby it will have to unilaterally declare independence because of one country. Proper and meaningful reform of the United Nations must be at the very top of the agenda if we are to continue working on a multilateral basis in terms of Ireland's participation in global and geopolitical affairs. Will the Minister of State comment on that?

I thank the Minister of State and the delegation on today's very concise presentation. I will raise a couple of points, the first relating to the Lisbon reform treaty, which obviously will be on the agenda on Monday. The delegation remarked that Europe will be more democratic if and when we pass the Lisbon reform treaty with which I agree wholeheartedly and referred to the focus on the national Parliament and the citizens' initiative. While extra powers are being conferred in terms of national parliaments and the citizens' initiative, the mechanism for their utilisation is not clearly defined. I know Deputy Gilmore in his presentation to the National Forum on Europe last week laid out what the Labour Party might like to see, and this is something that might usefully be examined. The new role the Lisbon treaty will confer on national parliaments must be reflected in such bodies so that in Ireland's case, for instance, matters from the European Commission are scrutinised by the Joint Committee on European Affairs and the Joint Committee on European Scrutiny in terms of their subsidiarity and proportionality. A mechanism should be in place for the committee in question to get to the floor of the Dáil in a meaningful fashion so that the response the national Parliament can have is boosted through enhanced rights of audience in the Chamber. I would like to see this teased out because I believe such an initiative is needed.

Likewise, as regards the citizens' initiative, we must tease out precisely how this might work in terms of 15 countries or more, or in terms of a million citizens. If a petition is being raised, can we work by e-mail, by letter or how, in practice will it work? It would be worthwhile to explore that and for ideas to be put forward at the meeting of the Council, not necessarily on Monday, but certainly within the months to come.

The second issue I am concerned about is the Middle East. I have a fairly jaundiced view of what is happening there in terms of the present initiative. As I have said before, it is amazing that it has taken President Bush eight years in office to discover it is time for an initiative on solving the Middle East problem, which is pretty intractable. It seems to be a mere diversion from what is going on back home in the United States and he wants to get some international media coverage and so on. To my mind it will get nowhere. I appreciate the position of Europe. Europe has always taken a very fine position on this in terms of ending the settlements and as regards the two states. However, I do not believe Europe has really used its muscle, as the main donor of aid to the Middle East — donating €1 billion alone last year. The United States is not putting in anything like the same amount of money. Where it is giving aid, it is on a partisan rather than an egalitarian basis. We have appointed a special representative, Mr. Tony Blair. It is time for the European Union to exercise its muscle in this respect. The European Union has far more clout in terms of its track record on this issue than, say, the United States.

As regards Chad, we send our good wishes and I shall not dwell on that other than to ask the Minister of State about recent reports in newspapers that Irish troops might well be targeted and seen as a hostile force because of their identification with their French counterparts. At the same time I have read that Irish troops will operate pretty much on a stand alone basis, and there will not be any specific link with the distribution of the French forces. I would like to know how, precisely, Lieutenant General Nash proposes to deploy his troops and what information the Minister of State might have on that.

On Kosovo, I am inclined to agree with Deputy Creighton that we have serious problems if it declares independence unilaterally, as seems likely next week or the week after. We know from having had the Serbian delegation before the committee just before Christmas that Serbia would not under any circumstance recognise Kosovan independence. Its position is that Kosovo is a province of Serbia and that cannot be changed overnight. That automatically means that Serbia's ally, Russia, will take a different position on the Security Council to the United States, Britain, France and the EU. It will mean there will no longer be unanimous support within the Security Council for Resolution 1244. Where does that leave Resolution 1244, because Irish troops can only operate under the triple lock mechanism? Unless that resolution is renewed, or if Russia demurs from it, we have a problem. I would like the Minister of State to address that.

I was glad to hear the Minister of State's remarks on the WTO talks and the strong statement in line with the mandate issued by the Council to the effect that the Commission must proceed with that. I hope this is the position that will be maintained. He puts it quite strongly: "Ireland will continue to strenuously advocate that any proposed agreement — in the WTO talks — must be fully in line with the mandate given by the Council to the Commission, and must respect our national interests and adequately reflect the aims of the Doha Development Agenda." I hope that mandate is strongly presented on Monday.

I thank the Minister of State for giving a very comprehensive overview of what is to happen next Monday in the course of the business. I want to focus, initially, on his remarks concerning the reform treaty. I understand that 29 May has been mooted, but I do not know whether that is true. Perhaps the Minister of State can confirm this in his reply.

I cannot even succumb to the charms of Deputy O'Rourke, in this regard.

The Minister of State's lips are sealed.

That was very nicely put.

Yes. I am very pleased that contrary to the alarmist theories being promulgated in the letters page of The Irish Times, and at various debates and meetings, it is emerging that if the Lisbon treaty is passed we shall be more democratic than heretofore.

I have always felt that is the case because of the way Europe does its business. For example, the Council of Ministers natters away behind closed doors and nobody knows what goes on. I know what goes on because I was there many times. However, I do not know why nobody else knows, except that they get a watered down version of what happens at these meetings.

I wish to speak about the citizens' initiative. Deputies Brian Hayes, Joanna Tuffy and I set it up in the Seanad during the time we were Senators. We decided by unanimous vote that we would have a petitions committee. Perhaps I can give the committee the benefit of our experience. We visited Edinburgh where a similar system operates very successfully in the Scottish Parliament. I assume the Minister of State has been there.

We met five groups and individuals who placed their petitions before members of the Scottish Parliament who in turn had the benefit of Civil Service advice in dealing the petitions. Civil servants do not like this, as one can imagine. I do not know what has been happening to the initiative in the Seanad and I will have to make inquiries through some of my remaining friends there. It has great potential——

The Deputy should refer to her "many" remaining friends there.

"Many". No. I will not go into hyperbole.

One never knows where it might end.

This system worked very well in the Scottish Parliament and a great feature was made of it. We are always saying Europe cannot be made relevant to the ordinary citizen. In Scotland I met a woman who was lodging a petition who will meet me in Dublin. Members will understand how those things linger and people want to meet up with one. She had raised a very interesting case about fisheries in Scotland and the matter is being followed up. For the petition to succeed it must have political and the administrative will. It will mean there will be a direct link from Mrs. Smith of Athlone to Brussels or wherever and he or she will be able to make a case directly. I strongly commend that initiative. I hope it is not a bit of a sceál put out to attract people and that, in effect, it will not be put in place. I hope it will be introduced but I warn the Minister of State that much advice will be whispered to him or written down for him saying it does not work.

With regard to the home parliament being able to wave a yellow card, that is a very good idea. It means we can deal with issues ourselves and there is no need to take them to EU legislative level. There are arguments for and against that idea too because everybody may want to avail of that option whereas we may sometimes do better by the logic and reasoning of the European Parliament. At the same time we may be able to establish things better ourselves than heretofore. Which of these documents was launched today?

The EU reform treaty.

Well done. I saw it before but it is very good as Gaeilge agus Béarla. Perhaps I can go back to the whole debate about Europe. I do not like the way the "No" people have jumped up and are filling us all with dreams that are not true. The Irish Parliament will have more power and we should be very emphatic about that because that is the concern. We are being told that we will no longer have a say in A, B, C, D, E, G and G. That is utter fabrication. I am sorry about that but Ms McDonald can speak up for herself.

Ms Mary Lou McDonald, MEP

I will speak next so the Deputy should not worry.

I will be gone so that is kind of useful. I think we are not strident enough. I know the Minister of State is circumvented by the "Yes" and "No" aspects, equal time, equal money and so on. I am all for equality but if it is equality of fabrications we should tell the truth and let the fabrications stand up for themselves on their non-veracity, because clearly they will be shown up to be like that.

May I speak for a moment on Chad, a matter the Minister of State has gone into in great detail? The situation in Chad concerns me greatly. I am not referring to the danger, as armies are meant to deal with such situations. When one goes into the Army one embraces that brief and there is no moving away from it. On a domestic front, those who are going to Chad are from the western command which is based in Athlone. I met many of them recently at social functions within Custume Barracks. While the women and men who are going to Chad are full of their mission and what they will be doing, those they leave behind are very concerned because of what they see and read. There is no doubt it is a dangerous arena into which to move. I am very pleased that Ireland is embracing further work in this regard and taking up the mantle of what will be needed.

I do not know about Darfur. We are on a see-saw about it. One evening we are told on television that the situation is improving, and that the two main Opposition parties and the Government are supposed to come together to share power. Perhaps the Minister of State would give us the up-to-date information on that issue. The EU is moving too slowly for the Darfur project and is coming in behind what is happening rather than acting in a cautionary, preventive way. The EU does not appear to be able to get ahead of what might be the next move. The Minister for Foreign Affairs, Deputy Dermot Ahern, will attend the meeting next week but the Minister of State has given the committee a very good overview.

When does the Minister of State intend to start the campaign for the EU reform treaty? I am not asking for the date of the referendum. When do we go on our la grande tour?

I can answer that. The first week in April. The earliest possible day in April.

We are going on our tour in the first week in April.

We expect it to be of six weeks' duration.

Will the Minister of State be with us?

He will meet us en route.

The campaign will need to be sustained, vocal and very dynamic. I am looking forward to that.

I call Ms Mary Lou McDonald, MEP.

I was not being rude to Ms McDonald, I simply——

Ms Mary Lou McDonald, MEP

I know the Deputy would not dream of it.

No, I would not. We know one another too well for that.

Ms Mary Lou McDonald, MEP

I thank the Minister of State for his presentation. I wish to raise a number of issues with him. Other speakers have begun with the Lisbon treaty and I shall do likewise.

In regard to the document he launched today, it is threadbare, incomplete and leading. It is scandalous that taxpayers' money is funding it. I am very much in favour of full and complete information, including partisan and politically positioned information. Anything coming from the State needs to be fully factual. The Minister of State failed to produce such a document. I put it to him that the best thing we could do is produce a consolidated version of the treaty text and make it available free of charge. We should also consider distribution of the same text to households across the country.

I am flabbergasted by one section of the document concerning the common security and defence policy, which I understand the Minister of State made some play on when launching the document. He was very coy on Article 28 which deals with military spend. There is no mention of NATO compatibility or any part of that relationship and, astoundingly, no reference to permanent structured co-operation or the capacity for mini-alliances. In describing the triple lock, he referred to the requirement for a UN mandate — I understand it is actually UN authorisation.

While I will not detain the meeting, those on the "Yes" side have a perfect right to argue politically from a "Yes" position but they are making very heavy weather of the allegation that the "No" campaign or the Sinn Féin campaign is trying to be misleading. That is simply not the case. This document is very clearly incomplete at a minimum. That is not good enough when one is using taxpayer's money.

I did not mean Sinn Féin; I meant the "no" campaign, which embraces many other wildly inaccurate people.

Ms Mary Lou McDonald, MEP

Of course. Equally, people from all perspectives and none are quite free in a democracy to put their points across. I put these points to the Minister of State with regard to the production of the text. As he knows, it will cost €42 for any member of the public to get a copy of the amendments to the text, which is no incentive to read what is, let us face it, a difficult text. I make that point by way of suggestion to the Minister.

On the broader issues of democracy and the great moment at which we have arrived with the Lisbon treaty, the Minister of State knows my position. His argument is not correct. He can talk up the purely monitoring role that is given to member state parliaments any way he wishes but the fact is it is minimalist. He can talk up the new powers given to the European Parliament any way he wishes but the fact is we still do not have a right of initiative. Equally, the citizen's initiative is essentially a campaigning tool and does not place any obligation on the Commission to act on it. I will leave the Minister of State with those thoughts. I note with regret that this is not the moment at which the kind of democratic reform we desperately need within the European Union is delivered.

I also want to raise the issue of Chad with the Minister of State. We all wish the troops well in what will undoubtedly be an extremely dangerous mission. As the Minister of State knows, it is not just in recent times that the various rebel groups have made very belligerent noises. For many months, those same groups have made clear that they will view an EU presence as a negative. This is directly connected with the fact the mission is very heavily weighted with French troops — I say this with the greatest of respect to France but in the full knowledge of the historic relationship between France and Chad and the current relationship between this French Administration and the Deby regime.

The Minister for Defence, Deputy Willie O'Dea, asserts that he has received the required comfort that Irish troops will be able to face off any rebel aggression. I wonder and worry about this. Unlike Deputy Creighton, I would suggest that Chad, if anything, is a case study in the huge difficulties that present in terms of fashioning a European defence response. We in this country sometimes conveniently forget that many of our EU partners are former colonial powers which still have specific zones of interest and foreign policy objectives that are very different to ours. Any view that there is a simple way to fashion a common foreign or defence policy is deeply misguided. I would also question the desirability of arriving at those positions.

I want to raise a very important point around the economic partnership agreements. I am pleased to hear the Minister of State say Ireland's focus is the development aspects of the agreements and that we have consistently taken this position — I take it that we have. In that event, the Commission has consistently turned a deaf ear to us. It is very clear that Commissioner Mandelson's approach to all of this is aggressive and is about stripping down all barriers, not just tariff barriers, and creating a potentially dangerous situation for some of the poorest countries on the globe. At a previous committee meeting, I told the Minister of State with responsibility for overseas development, Deputy Michael Kitt, that Ireland is extremely vocal on this matter. There is little good in our patting ourselves on the back and congratulating ourselves as huge donors of aid if we are not prepared to honour the spirit and the methodology of the millennium development goals with regard to the sustainability the developing world requires.

I welcome the Minister of State and his officials. I congratulate him on the new reform treaty information booklet which is obviously more comprehensive than the last leaflet published. For the information of the Minister of State, I attended a party meeting last week at which the reform treaty was on the agenda. Most of the questions concerned a matter we should focus on, namely, the implications for Ireland's neutrality. Speakers were not really interested in enlargement, the powers of national Government or the powers of the European Parliament but on the idea of Ireland's neutrality and the common defence policy. This area is explained in the booklet. I also congratulate the Forum on Europe. Its piece on the history of enlargement is quite comprehensive and explains the treaty well.

As other speakers have dealt with most issues, I will focus on one area. I attended a meeting at a Dublin hotel an hour ago with a group of IFA chairpersons from throughout the country who are concerned about REPS 3 and 4 advance payments. It was suggested that while the reform treaty vote was approaching, the Government was not holding to its part of the bargain with regard to REPS 3 and 4, and that some might blame Europe for this. This is a danger in advance of the treaty referendum, particularly among the farming community. I urge the Minister of State to put pressure on his colleague, the Minister for Agriculture, Fisheries and Food, to sort out this problem so it does not become embroiled in the forthcoming referendum campaign.

Deputy Creighton referred to the Minister for Defence's talks in Paris today with Lieutenant General Nash. Is there further information in this regard? Has the Minister of State any further information on the proposed power-sharing agreement Kofi Annan is trying to negotiate at present?

The Minister of State suggested the security situation in Chad had stabilised. Is there a danger the rebels are just regrouping and will renew their attack with aid from neighbouring countries?

I also refer to the situation in Burma. The regime will announce a referendum on the new constitution in May in advance of multi-party elections in 2010. While that is on the agenda for next Monday's meeting, I am as concerned as the Minister of State about the refusal of the Burmese regime to allow the UN representative back into the country. Mr. Gambari did a good job while he was there. The reason for this refusal must be questioned. What is the regime hiding? Stability followed Mr. Gambari's first visit and the United Nations and the European Union should insist on the continuation of his role as a special representative.

Like other colleagues, I am also concerned about what will happen in Kosovo if independence is secured in the next few weeks. My views are similar to those of Deputies Costello and Creighton.

I thank the Minister of State for his overview of the agenda for next Monday's meeting. I am delighted that climate change and energy are key issues for the spring European Council. Ireland has agreed to sign up to strong targets for emissions reductions, which is welcome. However, the agreement on targets for various member states raises concerns about competitiveness. That is a concern for many member states and the issue was raised at a two-day conference attended by the Chairman and me in Brussels about the Lisbon strategy. Concerns were also raised about the competitiveness of the European Union in the global economy if it continues to adopt a position of global leadership on climate change, while, at the same time, participating in an international trading system, under which it imports products from countries which have not signed up to the Kyoto Protocol. Will Ireland lobby the Commission to seek fairer trading arrangements within the WTO in order that countries which have not signed up to the protocol and are not playing their part in addressing the global challenge of climate change, would face higher tariffs if they wanted to export their goods to the Union?

I welcome the Government's call for a lifting of restrictions on movement into and out of Gaza and an end to the isolation of its 1.5 million inhabitants. The images broadcast from Gaza around the world recently can only worsen an incendiary situation. Most people recognise that the Middle East conflict is volatile. Unfortunately, the European Union's withdrawal of financial support for Hamas and what is perceived as a passive stance on the situation in Gaza do nothing to help it demonstrate its credentials in strongly supporting moves towards creating conditions in the Middle East and Palestine that would facilitate progress on the peace agenda. Will the Minister of State comment on this? I encourage him and the Government to keep pushing the importance of tackling the situation in Gaza immediately to make sure the conditions that apply there cease as quickly as possible.

With regard to Iran, the Minister of State mentioned the Security Council considering a further resolution to extend the measures taken under chapter 7 of the charter. Will he elaborate on them? Most are aware the United States has a certain attitude towards Iran and the development of its nuclear processing capacity but it is important that the European Union should be seen to have a distinct position on the issue, which does not necessarily reflect the US position. We should increasingly demonstrate that we can adopt a middle role in these highly sensitive issues. The Bush Administration has made its perceptions of the situation in Iran clear but will the Minister of State clarify the measures to which he referred?

I welcome Ireland's provision of €100,000 in financial support for the Annan peace talks, as it is an important signal of our support for the process. I am also concerned about the conflict in Chad.

I refer to the economic partnership agreements the European Union is signing with the former ACP countries. The development sector in Ireland has expressed concerns about the aggressive stance adopted by the Union. It has been suggested the Union is being more neoliberal in its approach to gain market access in a number of these countries than the United States, which is unfortunate because, on the one hand, the Union is the largest donor of international aid but, on the other, is pushing these economic agreements which are clearly not in the interests of much less developed economies.

Concerns are also being expressed within the development community about the proposed EU-ANDEAN free trade agreement which is in the early stages of negotiation between the European Union and the ANDEAN countries with issues such as water supply being put on the table with market access to be given to the Union in return. This is a controversial issue, particularly in countries such as Ecuador which has a history of water privatisation and so on. Can the Minister of State assure the committee that Ireland will encourage a more development oriented position in these agreements with developing countries in its discussions with the Commission?

Those are the views of the committee. This is a sovereign parliament as opposed to the many regional parliaments throughout Europe. Special emphasis is placed on the views of members of sovereign parliaments. I share the concerns expressed by the Minister of State regarding the negotiations on behalf of the European Union at the WTO. I hope the negotiator does not come back with some of the things he came back with before.

I thank members for their contributions and apologise for being in a rush but Deputy Creighton and I must attend an important meeting.

Deputy Creighton asked whether the mission to Chad would be undertaken in too risky an environment. There is a risk but, as Deputy O'Rourke said, our troops will bring a humanitarian hope to a group close to the point of despair. The nation and every Member, irrespective of where he or she stands on other issues, are immensely proud of our troops. The operation in Chad is about peacekeeping, providing humanitarian support, peace building and trying to create hope where there is none. It is an extraordinarily good example of where the United Nations is increasingly seeking regional initiatives and the European Union can play a positive role, without being militaristic.

I agree with the comments of several members regarding the importance of Commissioner Mandelson sticking to his mandate. I have expressed this to the gentleman in question, not always in diplomatic language. He has been made aware that the Government wants him to stick to his mandate.

There are concerns about the UN and I accept the point made by Deputy Costello. However the Attorney General has examined the position in regard to the resolution, which continues in effect. Deputy Creighton and Ms McDonald expressed the same concerns.

Several speakers made interesting points about the issue of UN reform and the capacity of the Security Council to be manipulated in regard to the issues to which Senator de Búrca referred. For reasons which are nothing to do with the subject matter under consideration, powerful countries on the Security Council can use their influence. It is often said there are no principles in these matters; only interests. Sometimes when interests dictate, movement occurs in certain directions.

Deputies Creighton, Breen and others spoke about Kenya, which I visited in the not too distant past. I hope the situation there has now improved. It is a terrible tragedy that a country with so much to offer has delivered so little. It was an iconic beacon of hope for democracy in east Africa. Irish Aid is providing €1 million to help alleviate the current humanitarian difficulties and we have also provided €7 million this year to the International Committee of the Red Cross. Senator de Búrca and others asked about the level of support. The €100,000 contribution is intended to assist the Annan initiative, which is jointly funded by a number of countries.

I agree with Deputy Costello on the major role the Oireachtas will play in the future. One of the extraordinary aspects of the Lisbon treaty is the change it will introduce to the dynamic between Europe and member state parliaments, although we will have to test that relationship. I disagree with Ms McDonald on the citizen's initiative, which I consider worthwhile. Deputy O'Rourke noted that it is similar to the initiative used in the Scottish Parliament. As democrats, we should not fear opportunities to include citizens.

On the issue of the Middle East, Deputy Costello and Senator de Búrca referred to the EU as an economic giant but a diplomatic gnat. They are absolutely correct. The high representative role is being created to give more coherence to the unanimous decisions made by the European Council on world matters. Europe is a powerful player economically but it does not have the leverage it needs in Gaza and elsewhere because it does not speak coherently.

In regard to Deputy Costello's question on UN Resolution 1244, the legal advice is that it will continue to have operational support.

In a wide ranging and provocative contribution, Deputy O'Rourke raised the issue of Council of Minister meetings being held in secret. There has been a slight change since the Deputy was a Minister and the Council will now legislate in the open. She expressed her hope that the citizens' initiative would involve people and referred to the yellow card. The Vice President of the Commission, Ms Wallström, raised an important issue about the symbolic and practical importance of these initiatives. They speak to the people through the people's representatives. It is difficult in a Union of 490 million people to have a dialogue with each individual but it is possible to interact with directly elected representatives. Deputy O'Rourke was concerned that the EU was moving too slowly and expressed her hope that it would speed up. She asked when the campaign tour would commence. I thought she was referring to internal party politics but, from my party's point of view, the campaign is already under way.

Ms McDonald and I disagree on many matters but I respect her views. Her proposal on distributing the consolidated treaty is not a bad idea but I wonder about the practicalities. The consolidated treaty runs to approximately 360 pages and currently costs €25 per copy. It is available for free over the Internet at www.reformtreaty.ie and I have arranged for copies to be made available in every library. I am not sure it is a good idea to put a copy through every door but I agree some form of documentation should be distributed.

Ms McDonald also raised concerns regarding neutrality. She and I will just have to disagree on that matter. I do not question her sincerity on the issue when I say that when we held a referendum in 1972 on joining the EEC, Sinn Féin argued that we would find ourselves in NATO. That was a sincerely held belief but it has never come to fruition. The same point was made during the campaigns on the Single European Act, the Amsterdam treaty, the Maastricht treaty and both referendums on the Nice treaty. We were told that we would join NATO, our neutrality would be negated and we would end up with conscription. None of those events has come to pass. The wording of the referendum Bill, which will shortly be made available, specifically restates the undertaking included in the Constitution the last time we voted that no Government can enter into a common defence without consulting the people. That ends the debate.

I am not as dismissive as Ms McDonald on the European Parliament. I support the view expressed by the President of the European Parliament on the day the treaty was signed. When he was first elected in 1979, the European Parliament had virtually no co-decision powers or control over the budget. It now has such powers in nearly every area and strong budgetary control. The President stated:

I have been a Member of the European Parliament since the first direct elections in 1979. In those days, Parliament had no legislative powers; it is now at the heart of a European parliamentary democracy unimaginable in 1979.

I campaigned politically for the first time in 1978, after serving as a civil servant and working in the United Nations as a fellow. At the first meeting I attended, the issues of democracy and neutrality were raised. These issues have not changed. There is no challenge to our neutrality and our democracy has been elevated. Those are facts. I concur with the Deputy in respect of the economic partnership agreements, EPAs. The Government's position is that such agreements will be focused on aid and assistance and will not in any way undermine the countries to which they relate.

I thank Deputy Breen for the comments he made. The National Forum on Europe's guide is rather more comprehensive and quite superb. A journalist stated earlier today that people did not have time to read 22 pages and that they wanted to get——

Ms Mary Lou MacDonald, MEP

The crucial aspect is that the 22 pages are factually accurate and that their contents are not designed to lead people. I notice the Minister of State did not answer the question——

Order, please. There can be only one speaker at a time.

Ms Mary Lou MacDonald, MEP

It has to be said——

One speaker only.

I will make a crude advertisement by stating a six-page summary of the treaty will be published by Fianna Fáil tomorrow.

Deputy Breen referred to the IFA. He is correct that there are issues which have nothing to do with the reform treaty. I compliment the IFA leadership on its extraordinary, brave and forthright decision to ask its 80,000 members to vote yes. The other farming organisations will be following on in that regard.

A number of members referred to the dangerous situation in Chad. The meeting involving Lieutenant General Pat Nash and the Minister for Defence, Deputy O'Dea, takes place today. The Irish Army has some experience of operating in difficult circumstances in particular areas and dealing with terrorist organisations. It should be remembered that the mission to Chad is sponsored by the European Union and humanitarian in nature. France has played a role in Chad during the years. I accept that on occasion the role it played was not the most honourable. France has joined the European Union and the UN Security Council in condemning attempts to overthrow the Government of Chad. It is, therefore, playing a different role, which I welcome.

Deputy Breen referred to Aung San Suu Kyi and the situation in Burma. I take inordinate pride in the fact that Seanad Éireann was the first democratically elected House of Parliament anywhere in the world to pass a motion relating to Burma and the incarceration of Aung San Suu Kyi. The motion received unanimous support from all Members of the House. Dr. Gambari must be allowed free and unfettered access.

My colleague and friend, Senator Déirdre de Búrca, referred to climate change and energy matters. Those are two of the major challenges to which Europe must face up. No individual country within Europe or elsewhere in the world can contemplate facing them alone. This is the most cogent argument for providing the European Union with the capacity it requires to do the job it needs to do in this area. The best way we can achieve the latter is by voting yes in the forthcoming referendum.

Deputy Andrews wishes to ask a final question.

The Chairman's party is meeting at 3.30 p.m.

My contribution will not take long. I apologise for my late arrival.

I am interested in Zimbabwe. At the previous meeting of the Joint Committee on European Affairs prior to the most recent GAERC meeting I complained that nothing had been done to place Zimbabwe on the agenda of the latter. The Minister of State was kind enough to state he would take steps in that regard. I am a strong believer in the separation of powers. This committee is an arm of the Oireachtas and is asking the Government to do something at a lesser level. I would consider it inadequate if nothing was done on foot of the comments I made at our previous meeting. I do not expect a matter to be placed on the agenda of the GAERC as a result of comments I might make at one of our meetings. At a minimum, however, I would have expected the Government to have taken steps. The reason I am somewhat frustrated is the House passed a motion calling on the Government to take steps in respect of election monitoring. I was disappointed to discover the Government had done nothing in that regard.

I do not wish to draw too close an analogy but there is a concept of contempt in the legal world. Contempt can only be purged by complying with what was ordered to be done. The Oireachtas has ordered the Government to do something and it should do it. There should be a mechanism for us to enforce that order. I am a purist when it comes to democracy and would like to see action taken in respect of what was ordered.

I accept that this is a minor point in the context of the GAERC. Will the Minister of State indicate what has changed in the past month? There is soon to be an election in Zimbabwe and the problems that arose in Kenya and Pakistan will be repeated.

I understand the Deputy contacted the Minister for Foreign Affairs, Deputy Dermot Ahern, in a private capacity in respect of this matter and that the Minister has prepared a specific note for a meeting with him. I will communicate the Deputy's disappointment to the Minister and ensure that when he returns—

I do not wish to cause the Minister of State any discomfort but I must press this point. I asked him at our previous meeting to have this matter placed on the agenda for the meeting of the GAERC. What action has he taken in the interim?

The Deputy will be aware that I do not set the agenda for meetings of the GAERC.

I appreciate that. However, what has the Minister of State done in the interim?

The agenda is a matter for the Presidency and the issue the Deputy raised falls within the remit of the Minister for Foreign Affairs. As stated, a note has been prepared for the Deputy in respect of it.

The Minister of State did not indicate that this was the case at our previous meeting. He stated he would do something about the matter. If he is telling me now that it was never a runner, I would not have raised the issue and will never raise it again at a meeting of the committee. The Minister of State should have taken action.

I am not discouraging the Deputy. I am saying that on foot of his contribution at the previous meeting of the committee, the Minister had a note prepared in respect of this matter which he intends to discuss with the Deputy. I cannot make it any more clear-cut than that. I am here to discuss the GAERC agenda for next week. I am not here to discuss issues that are not on the agenda. The Minister, who monitors these matters and pays particular attention to the work of the committee, does not set the agenda either. However, I understand he has prepared a note on this issue and is prepared to discuss it with the Deputy.

I thank the Minister of State. We appreciate the fact that he has spent much time with us today. We will follow up on the matter raised by Deputy Andrews on the next occasion on which the Minister comes before the committee.

We have a good deal of work to get through in respect of the preparatory submission. I suggest we go into private session in order to conclude our deliberations in that regard.

The joint committee went into private session at 4 p.m. and adjourned at 4.10 p.m. until 2 p.m. on Tuesday, 19 February 2008.
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