I thank the Chairman for his invitation to speak to the Joint Committee on European Affairs on an issue critical to the future of Ireland and Europe.
The Labour Party is asking the Irish people to vote "Yes" to the Lisbon treaty on 2 October 2009 for three principal reasons, namely, to help restore international confidence in Ireland so that jobs and businesses here can be secured, to enable Europe to function more efficiently and democratically to help get Europe and Ireland out of the economic crisis, and to improve the rights of the individual as a citizen, worker and consumer in Europe.
The Labour Party believes the Lisbon treaty is a positive step for Ireland and the European Union. In this referendum campaign, as in the previous one, so much time has been taken up by manufactured controversy, conspiracy and misinformation that the real and concrete benefits of the Lisbon treaty have often been obscured. The Lisbon treaty reflects the challenges facing the European Union, its member states and its citizens and provides a roadmap for a stronger more social and democratic European Union into the future.
The Lisbon treaty is a reform treaty which helps make the European Union fit for purpose in a globalised world economy, not as an end in itself but for the better flourishing and protection of its citizens who work and live in an age defined by insecurity. More than any other, the Lisbon treaty is the European treaty which does most to progress the social agenda in Europe. The Labour Party has consistently argued that these two objectives, to prosper in a globalised world economy and to create a stronger more secure society, must go hand in hand. We believe the Lisbon treaty is an important step towards that goal. It is in this context that we should examine the question of whether the Lisbon treaty is good for workers' rights.
I can understand why people are concerned about employment rights, in particular at the moment. There will always be those at home and across Europe who will try to use a downturn in the economy to row back on workers' rights. However, the response to this threat to workers' rights and employment conditions is not to destroy the Lisbon treaty but to support it. The Lisbon treaty is good for workers. There is not a single provision in it which weakens or lessens the rights of workers. On the contrary, it copperfastens a range of workplace rights such as the right to collective bargaining and collective action, the right to information and consultation, the right to protection from unfair dismissal, the right of non-EU citizens working legally in the European Union to the same working conditions as the host population and a range of rights relating to women's and parents' rights in the workplace. Furthermore, the inclusion of the Charter of Fundamental Rights gives workplace rights the same weight as market rules when the European Court of Justice is making a decision on EU law. This could have been significant in recent controversial judgments such as Laval, Viking, Rüffert and Luxembourg which are now being used by the "No" campaigners to muddy the waters when it comes to discussion of the Lisbon treaty.
The truth is these European Court of Justice cases have nothing to do with the Lisbon treaty. They relate to EU law prior to the ratification of Lisbon and those who use them as the spectre of a race to the bottom in wages and working conditions spearheaded by the European Court of Justice are highly selective in their choice of ECJ judgments. Conveniently for them, they ignore other positive ECJ rulings, concerning gender equality, fixed-term workers' rights, equal pay and carers' rights. Contrary to what some have claimed, the rights in the Charter of Fundamental Rights cannot be undermined if they are perceived to be contrary to the "common organisation of the market".
Most significantly for those who want to advance workers' rights in Ireland, there are domestic solutions to legitimate concerns about wage agreements and the right to collective bargaining — both of which can be legislated for by the Dáil, if the political will exists. In that context, I want to reiterate the commitment that, if elected to the next Government, the Labour Party will legislate to give domestic effect to the principles enshrined in the Charter of Fundamental Rights, including collective bargaining. It is incontrovertible that it is in Ireland's interests, and the interest of working people, to be part of a Union of 27 member countries, and 490 million people, with the power to uphold employment standards and withstand pressure from low-wage economies in other parts of the world. It is disingenuous in the extreme to imply that Irish workers would do better outside the European Union and those who suggest this are leading working people up a blind alley.
A second area where the Lisbon treaty seeks to strike a better balance between the social and economic needs of European citizens and the demands of a globalised market economy is in public services. Some opponents of the Lisbon treaty claim that, if ratified, it will enable the privatisation of essential public services. If that were truly the case, the Labour Party, our sister parties in the socialist group in the European Parliament and indeed the European Trade Union Confederation would not be supporting it. The European Union has developed as a social market economy — an economy which seeks to harness the prosperity brought about through trade for social ends. That is an ongoing process that is helped or hindered by the complexion of the governments of its member states. On many social issues, and issues of workers' rights, the EU has often been more socially progressive than Irish Governments.
The Lisbon treaty consolidates the gains made to date in the social market economy — gains relating to workers' rights, citizens' rights, consumer protection and environmental protection. Through the Charter of Fundamental Rights it rebalances the objectives of the European Union in favour of the social, civic and economic rights of its citizens. The Lisbon treaty enables a distinction to be made in EU law between services which are suitable for commercial competition from private operators, such as telecommunications or energy generation, and essential, non-economic public services such as health care, education, policing or social welfare. This is the foundation stone on which legislation that clarifies and protects the role of public services can be built. The principles that will inform future EU legislation on public services are set out in a protocol to the treaty, recognising the following: the role of member states in delivering public services; that they should be located as close as possible to the user; that public services are diverse and vary from one member state to the next; and that they would demonstrate a "high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights".
During the previous Lisbon treaty referendum campaign, the Party of European Socialists, of which the Labour Party is a member, published its draft regulations governing public services. The task ahead is to have strong regulations protecting the unique place of public services in EU member states, adopted as EU law. However, it is already clear that the objectives of the European Union, as set out by the Lisbon treaty — such as combating social exclusion and discrimination, promoting social justice and protection, equality between men and women, solidarity between generations and protection of the rights of children — could not be achieved without a commitment to strong, universal public services. This is consolidated by the passing of the Charter of Fundamental Rights into primary EU law, which includes the right to social security and assistance, the right to social housing, the right to education, preventive health care, medical treatment and other public services. If the Lisbon treaty is ratified, future EU law — and existing EU law — must be compatible with these rights.
The Lisbon treaty is a practical response to the major global challenges that face every member state of the European Union, and indeed those outside it. Priorities for the European Union set out in the Lisbon treaty include the following: energy security and climate change; the need to eradicate poverty in the developing world; global migration; and international peacekeeping and humanitarian aid. These are reflected in new decision-making procedures and structures which will make the EU more efficient and more effective in responding to international problems.
The common thread running through all of the biggest problems facing us today — the global credit crunch, climate change, the complex relationship between global poverty and global peace — is the need for significant international co-operation and collaboration. For Ireland, the European Union is a bulwark against global insecurity and a vehicle for tackling it. Playing an active part in a reformed, more responsive and more responsible European Union is not only in our own interest, but also our duty as members of the international community.
The Lisbon treaty is a progressive response to the realities of a globalised world. It sums up the collective political will of the leadership of 27 European democracies, which share an understanding of the demands of 21st century political, economic, social and cultural life, rather than the will of the so-called "faceless bureaucrats" of Brussels. There is much to be gained for Ireland and the Irish people from the ratification of this treaty. More than any other European treaty we have voted on to date, it addresses in a practical way things that matter to people who live and work in the European Union. I refer to issues like opportunity, prosperity, basic rights, social cohesion, stability, international security, addressing the great environmental and energy challenges, combating serious international crime and working to end global poverty. It is on the basis of the concrete advances for Irish people and citizens across Europe that are contained in the Lisbon treaty that the Labour Party is strongly campaigning for a "Yes" vote on 2 October.