Skip to main content
Normal View

JOINT COMMITTEE ON EUROPEAN UNION AFFAIRS (Sub-Committee on the Referendum on the Intergovernmental Treaty on Stability, Coordination and Governance in the Economic and Monetary Union) debate -
Tuesday, 17 Apr 2012

Reaction of Irish Society to the Treaty (Resumed)

We have a quorum and are in public session. I welcome members and delegates back after the Easter break and hope they managed to get some time off. Many of us were here until Holy Thursday. I remind people to switch off their mobile phones. It is not good enough to put them on silent because they will interfere with the broadcasting equipment. We are broadcasting live on UPC channel 801. The national broadcaster might also want to broadcast some of the proceedings.

This is module 2, session 1 of the committee's deliberations on the treaty. We are discussing the reaction of Irish society to the treaty. I welcome everybody to the fourth meeting of the Sub-Committee on the Referendum on the Intergovernmental Treaty on Stability, Co-ordination and Governance in the Economic and Monetary Union. The committee will be aware that, following the decision of the Government to hold a referendum at the end of May, the Joint Committee on Europe Union Affairs established this sub-committee to host an extensive, informed and balanced debate on the treaty and the implications of the referendum for Ireland and the European Union.

This week we are hosting a number of meetings and will hear a cross-section of opinions from Irish society under three headings: views on the treaty from across the European Union; the realities of what the treaty means for Ireland; and the reaction of Irish society to the treaty. We will be joined throughout the day by various leaders of political parties. The first leader to address us today is Deputy Joe Higgins. He is very welcome. He is leader of the Socialist Party and a member of the United Left Alliance. I ask him to make some opening remarks and the meeting will then be open to the floor. If anybody would like to ask any questions of him they can signal to me and I will ensure he gets them. I invite Deputy Higgins to address the committee.

Go raibh maith agat, a Chathaoirligh. Táim buíoch don bhfochoiste as ucht an tseans labhairt inniu maidir leis an gconradh fioscach agus leis an vóta ar an 31 Bealtaine. Thank you, Chairman, for the invitation from the sub-committee. I am speaking on behalf of United Left Alliance Deputies Joan Collins, Clare Daly, Seamus Healy and Richard Boyd Barrett and Mr. Paul Murphy, MEP. Deputy Boyd Barrett and Mr. Murphy are in attendance. I will briefly summarise our position. Other members of the alliance, as members of the committee or as observers at the committee, will have an opportunity to comment, as will other members.

Article 1 of the Treaty on Stability, Co-ordination and Governance sets out the European Union's objectives as "sustainable growth, employment, competitiveness and social cohesion". The second paragraph of the preamble to the treaty refers to "desiring to promote conditions for stronger economic growth in the European Union". In the preamble, the treaty says that to achieve these objectives "requires the introduction of specific rules, including a balanced budget rule and an automatic mechanism to take corrective action". Article 3 gives concrete expression to these requirements by demanding a structural deficit of 0.5% of gross domestic product and further demands rapid convergence and a correction mechanism that shall be triggered automatically. It further demands that member states enshrine in national law, "provisions of binding force and permanent character, preferably constitutional, to be adhered to throughout national budgetary processes". Article 4 demands an automatic reduction of general government debt by 5% per year when the ratio of that debt to gross domestic product exceeds 60%.

The contention of the United Left Alliance is that three of the four objectives mentioned in Article 1 of the treaty - that is, sustainable growth, employment and social cohesion - far from being progressed through the fiscal measures proposed in Articles 3 and 4, will be irretrievably wounded across whole swathes of the European Union and that the treaty, if implemented, would have dreadful consequences for ordinary citizens throughout the European Union and a dramatic deteriorating effect on economies throughout the European Union.

I draw the sub-committee's attention to an article by Paul Krugman which, coincidentally, appears today in The Irish Times. Paul Krugman is, as many people know, an American economist, professor of economics and international affairs at Princeton University and a Nobel laureate from 2008. In the article, entitled “European leaders seem determined to ruin their economy”, he draws attention to the crisis in Spain and outlines, correctly, that the crisis in Spain was not caused by a breach of the so-called stability and growth guidelines. He concludes that instead of the policy he proposes, which is more public spending and investment, we are seeing complete inflexibility. He writes:

In March, European leaders signed a fiscal pact that, in effect, locks in fiscal austerity as the response to any and all problems ... So, it's hard to avoid a sense of despair. Rather than admit that they've been wrong, European leaders seem determined to drive their economy - and their society - off a cliff.

And the whole world will pay the price.

That is an ominous warning. Mr. Krugman is not a socialist, but as an economist he is in agreement with many other economists who are making similar contentions with regard to the fiscal treaty. On or around 6 April, a letter to the media jointly signed by numerous economists and social scientists stated that "the oppressive structural deficit target, in particular, will further depress growth in the eurozone and in Ireland's case trigger continuous austerity until at least 2018". For the sake of time, I will leave aside other references. Professor Karl Whelan, for example, referred to the "overly restrictive and badly designed fiscal treaty" and Professor Colm McCarthy also heavily criticises the content of the treaty, although they both say people should vote for the treaty, essentially because of the blackmail cause, which is another issue and will, I have no doubt, be mentioned in the course of this discussion.

The budgetary strictures in the fiscal treaty, the automatic correction mechanism and the powers given to the European Commission would mean savage cuts, and therefore further savage austerity measures, in this State and across much of the European Union. The Department of Finance estimates that the structural budget deficit in this State will be 3.7% in 2015. The economist for the trade union Unite, Michael Taft, estimates this to involve €5.7 billion in extra cutbacks if it were applied at the one time. Whether it is applied in one year or over a period of years it would further seriously depress the domestic economy which, as we know, is in such crisis at present. Similarly, with the automatic debt reduction diktat, if Ireland's debt is 120% of gross domestic product in 2015 it would require a mandated reduction of €4.5 billion per year for a considerable period of time, further depressing and damaging the economy.

The effect across the European Union is what we should also be concerned about. I refer to an International Monetary Fund report from 2010 which considers the impact of fiscal consolidation and makes the point, which is pertinent here, that fiscal consolidation significantly increases the impact of austerity on gross domestic product when it involves a number of trading partners simultaneously implementing those austerity measures. The European Commission says that in 2012, 18 of the 25 countries that want to ratify the fiscal compact have structural deficits greater than the target of 0.5% of gross domestic product. In fact, they have an average deficit of 2.6%. If the treaty were, therefore, put in place, its effects would involve €166 billion of cuts across those member states in 2013. Even if this were spread over a period of years it would have devastating effects on the economies and then on the living standards and services of hundreds of millions of Europeans in the EU. We already know of the crucifixion by austerity of the Greek people and of the increasing crucifixion of the Spanish people, where unemployment is at 20% and youth unemployment is at 50%. In the European Union, 25 million people are unemployed. The last thing the European Union needs is a further dose of austerity. We need a completely alternative policy.

The treaty is dictated by and only suited to the financial markets and to the unelected, unaccountable, faceless major bankers, hedge fund operators and bond holders within the European Union who hold a virtual dictatorship over the economic policy of the European Union and before which elected leaders of the European Union, shamefully, fall down in adoration and subjugation to their demands.

Even if the establishment parties in this country who support this treaty were successful and got it passed, we would be far from the end of the matter. The establishment parties, in running to the diktats of the financial markets are doing serious disservice and damage to our people, to the prospects of our youth and to the suffering of our people as a result of the crisis and of austerity. However, people's patience is at an end and the establishment parties should know that. Some 50% of the 1.8 million households which should register for the household tax are boycotting it. This is an enormous revolt by the ordinary decent backbone of the taxpaying people in this country who have paid everything up to now.

The talk this morning of more water taxes vindicates entirely the position the United Left Alliance has outlined of a new tier of local taxation that will increase quickly towards €1,000 a year and beyond. This is not affordable or possible for ordinary people. These are austerity taxes and they are part of the whole disastrous austerity policy to rescue casino capitalism from the crisis of its system.

People in this country are right to fight this. They are right to rise up and to vote against any further consolidation of austerity. People will be right to fight this new raft of taxes, the household tax and water tax, by voting "No" to the fiscal compact in the referendum on 31 May. That will be a powerful statement of intent and it is also a powerful statement for a demand for a change in policy which should include no more funds to the bondholders and no more wastage of our people's funds on private gamblers' debts. There must be investment in our economy because we need major infrastructural investment and we need billions of euro of investment in the water infrastructure, not this incredible garbage of €500 million on meters which is being proposed by the Taoiseach and which will not save even a litre of water, as we have been informed by engineers' reports.

The United Left Alliance stands for a different Europe completely, one that is freed from the grip of the financial markets and the profit-seeking bondholders, bankers, Goldman Sachs and the rest; where the financial institutions and the financial system is in public ownership, democratically controlled and therefore directed to the needs of society, to investment, to jobs, to the creation of jobs and the creation of a decent future for all the citizens of Europe. The rejection of the austerity treaty, as we call it, will be a statement of intent in that regard by people in this country. I believe it will be welcomed by hundreds of millions of ordinary Europeans who are desperately suffering the effects of this disastrous bondholder-driven austerity policy throughout Europe.

Before I take questions from the floor I remind members that time is limited as we have a number of other meetings. I propose a limit on contributions from members to three minutes as was done in previous sessions. I will remind members when the time has concluded. This will allow everyone to contribute and Deputy Higgins will have time to respond to everyone in turn.

It is up to the Government and the promoters of this treaty to respond to my point that the logic of this treaty implies that excessive deficits and debt and excessive public spending are the background to the current crisis. I take the view that this is clearly not the case. The reason we have a crisis is the activities of a privatised and deregulated financial system which ran amok and was allowed to run amok. The wrong solution to the wrong problem is the suggestion that by cutting public spending or focusing on deficits, the problem can be addressed. The United Nations committee on trade and development made that clear in its recent report which stated that ballooning deficits resulted from the crash in the financial system and the extra debt burden that was taken on by states when bailing out the financial system. The consequence has been huge damage to the prospects for economic growth, which is being crippled in this domestic economy in particular.

The argument seems to be that capitalising the banks is the key aspect which must then be financed by austerity cuts. However, this policy is not working. We have financed these banks and we have discovered they are hoarding the money in the ECB overnight and they are not re-investing it back into the economy. Our own banks are not lending or investing in the economy and neither are the banks across Europe. Therefore, this policy is not working.

I put it to the promoters of the treaty that there will be a very serious impact on the democracy of this State or any other state. I refer to Angela Merkel who stated after the negotiations had concluded that the debt brakes will be binding and valid forever and it will never be possible to change them through a parliamentary majority. This statement is as clear as day. The democratic right of national parliaments and the elected representatives of the people of this State will be unable to change these policies.

One of the most alarming aspects of the treaty concerns the correction mechanism where the European Commission will decide on the basis of common principles to be proposed by it concerning in particular the nature, size and timeframe of corrective action to be undertaken. In other words, the European Commission will decide what type of cuts, over what time period and what scale of cuts. The European Commission is an unelected body and it will make this decision. This is outrageous. How can the promoters of this treaty justify it?

I welcome Deputy Higgins who is representing his group. As always, he makes a cogent argument based on his own ideology and philosophy and his is a welcome contribution to the debate. I share some of his views in terms of how we would all like to be able to treat our citizens, how we should be able to provide a decent income and living for the citizens of this State and of all European states and also his views about employment and job creation. Where we differ in our views is how these are to be achieved.

Deputy Higgins has set out his views regarding the system of government which he believes would best meet his vision. I ask him to identify anywhere in the world where the system of government best meets the agenda he has set out. He referred to the austerity treaty and the policy of austerity. Does he accept that if the bank debt is stripped out, this country is spending more than it is generating and therefore there is a deficit? It is easy, then, to talk about turning one's back to some extent on the existing European system but how does he hope that deficit would be funded in the absence of support from our partners in Europe? For instance, in the event of a failure to pass this treaty and in the event of a requirement for an additional bailout, it is clear if we fail to agree to this treaty and it is signed by a number of other countries and is enacted, we will have excluded ourselves from access to the ESM. I do not speak from any particular inside knowledge but the ESM might provide a better methodology for dealing with the promissory note issue.

I ask Deputy Higgins that if we are unable to access a bailout fund or funding from the financial markets, does he consider that austerity will become worse?

I invite Deputy Higgins to deal with those questions at this stage before other members ask questions.

I have rarely seen parliamentarians to be so brief.

It is in the hope that we can ask another question.

I cannot imagine it is because they want the pleasure of listening to me for a longer period of time. I do not need to comment on Deputy Boyd Barrett's contribution as we in complete agreement on these key points. There are other critical points of democracy and others which I did not have time to deal with in detail but these have been outlined to the sub-committee by other speakers on previous occasions.

Deputy Timmy Dooley asked whether there is any government or country in the world that practises democratic socialism. The answer is "No". In the post-war period we have seen aspects of what socialism might look like, but it has given way to neoliberalism in virtually every country, including the Scandinavian countries which were allegedly socialist but were not in reality, although they did have generous social schemes. Britain introduced aspects of democratic socialism after the war, namely, the free health service, largely as a result of the strength of the organised working class in demanding rights for ordinary people. However, the absence of such a system does not invalidate our points whatsoever. In the era of feudalism, for example, if one spoke about capitalist democracy being a better system, one would lose one's head or at least be locked up in what was then called an insane asylum for ever and a day. However, capitalist democracy was objectively and scientifically an advance on the obscurantist and dictatorial feudal system. Better systems will arise and something better must replace the existing crazed system.

What I cannot understand is why people in the established parties do not question the dictatorship of the financial markets within the European Union. I do not understand why there was not a peep of objection when Governments in Greece and Italy - notwithstanding that I and others found a great deal that was repulsive in their policies - were replaced at the diktat of the financial markets, as mediated by Chancellor Merkel and President Sarkozy. It is astonishing that we heard not a peep of opposition or protest from democratically elected parliaments throughout the European Union. Nor can I understand why private bondholders and bankers whose identity we are not allowed to know can wield such massive economic power over society such that they literally have the fate of hundreds of millions of people in their hands and can, by the decisions they make for private profit, see to it that millions are plunged into poverty.

Deputy Paschal Donohoe referred to our potential exclusion from European Stability Mechanism, ESM, funding. The reality is that this matter is not yet enshrined in any treaty and that Deputy Donohoe's party can stop this blackmail clause from being brought into being. The Government can do so because the treaty on the ESM, particularly the amendment to the Treaty on the Functioning of the European Union, can be blocked by the vote of any member state. It is in the power of the Dáil to prevent the insertion of the blackmail clause which says that a member state that does not adopt the fiscal compact is ruled out of availing of assistance by way of the ESM.

It has already been accepted by Portugal. Moreover, the Deputy knows it is likely that the Dáil will vote through that treaty. As such, my question still stands. If the fiscal compact treaty, which includes conditionality for the ESM, is rejected by the people, will austerity improve or get worse in a situation where we can access neither a bailout fund nor the financial markets?

The Deputy is offering the Irish people a false choice.

It is the choice in front of the Irish people.

Deputy Donohoe should allow Deputy Higgins to answer.

No, there is another choice, which is to reject the accumulated debts arising from the activities of the speculators in the Irish property market. Second, instead of imposing massive austerity taxes on our people, we should introduce taxes on super wealth and the super wealthy 5% or 10% of our society. The United Left Alliance published a comprehensive-----

Deputy Higgins is not answering my question.

With respect, I ask the Deputy to listen to what I am saying. Before the budget we produced a detailed policy statement wherein we showed, in so far as we could using the Central Statistics Office's and various other agencies' determination of wealth in our society and how it is distributed, that massive taxes could be raised on the super wealthy, which taxes should be used for major public investment in order to take tens of thousands of people off the dole and begin to recreate and regenerate our economy.

I agree with much of what the Deputy said, but my question still stands. If a Government cannot access a bailout fund and cannot access the financial markets, will its deficit get better or worse?

If Deputy Higgins chooses to answer that question in a certain way then we will accept it and move on. Other members wish to ask questions.

The third approach we proposed, in opposition to the false choice presented by Deputy Donohoe, is the solution to our difficulties. It is a radical, socialist policy solution which the Deputy may find difficult even to imagine.

Not at all. I find it very easy to imagine.

It is the only solution. Otherwise we will be mired in a decade of austerity and suffering for our people and the peoples of Europe.

I thank our guest speaker for his contribution. Like my colleague, Deputy Timmy Dooley, I can well identify with some of the concerns Deputy Higgins has raised, which is not to say that I necessarily agree with the solutions he proposes. In the past Deputy Higgins accused the previous Government of buying the electorate by putting forward what it wanted to hear, with the result that the country is now saddled with huge debts that will be repaid at great cost to all. I am not making a political point in raising this; it is a charge made by the Deputy in the past with, I would contend, a certain amount of validity. However, is the Deputy himself now following in that Administration's footsteps by attempting to appeal to a certain sector of the electorate by revving up its fears, worries and concerns and pretending there is an easier option than the ones being proposed?

My second question arises from the Deputy's reference to "established" parties and politicians. A similar reference was made some years ago by the head of the foreign affairs committee in the House of Commons, to whom we had to explain that we do not have establishment parties or politicians in this country. We changed all of that many years ago. Arising from what he said in response to Deputy Dooley, will Deputy Higgins clarify whether he is of the view that an economic situation can be approached and resolved entirely on a philosophical basis? Alternatively, given the extent of the crisis facing this country and many countries throughout Europe, does he agree that such crises fall to be resolved on the basis of strict economic measures such as the one to which he referred, namely, austerity? Does he agree that he has identified austerity as public enemy No. 1 and that, according to him, the economy can revive and succeed without it?

My final point relates to a householder with a mortgage or a person running a small business, such as a shop or whatever, who finds himself or herself in a position where his or her borrowings are excessive. What would such an individual say to his or her bank or lending agency? Would he or she state that he or she wants more of the same, that he or she wishes to expand on what he or she has done in order to repeat the process or would he or she, as two previous speakers indicated, make a promise to the relevant financial institution that he or she is capable of paying back what he or she has borrowed in order to instil confidence among all interested parties that he or she - or his or her business - is a viable entity?

Mr. Paul Murphy, MEP

I thank Deputy Higgins for coming before the committee. It is a real pleasure to have before us someone who opposes the treaty. That makes for a nice change. The Deputy made a number of arguments with which I agree. Does he agree that the question with regard to austerity is not philosophical in nature? The question as to whether austerity works has been played out in the Irish and European economies during this crisis, which has lasted for four and a half years, and it has been decisively proven that austerity fails. This is evidenced by the contraction in the eurozone economy, the return of the Irish economy to recession and the fact that 450,000 people in this country are on the dole, that a further 17 million are unemployed across the eurozone and that some 24.5 million in total are out of work across the EU. Further austerity is going to make the crisis even worse and is not going to be of assistance in closing our deficit. As Deputy Higgins stated, the solution to closing the deficit lies in growth.

Deputy Boyd Barrett has pointed out that the crisis in this country does not relate to public spending. The latter is evidence of the rewriting of history that is taking place in respect of this crisis. There is an important aspect here which must be acknowledged, namely, that this is a crisis of private sector spending. Households are not in a position to spend money as a result of the austerity being imposed upon them and big business across Europe is just not spending. Investment in the Irish economy has collapsed by 70% since the beginning of the crisis but profits continue to increase. Across Europe, the level of investment has collapsed by some €560 billion. The latter is from a total fall in output in the EU of over €600 billion. At the same time, big business and major corporations throughout Europe are hoarding some €3 trillion, mainly in cash. As a result, there is massive unemployment, on one hand, and a huge amount of wealth made by big business, on the other. On the basis of the capitalist system - namely, production for profit - those two resources are not being brought together to benefit our society. Precisely what is ruled out by the treaty is what is required now. I refer here to major public investment in order to get people back to work.

On the question of the blackmail clause, does Deputy Higgins agree that the Government's argument is duplicitous in the extreme? The clause has been presented as being a fait accompli. The attitude appears to be “The clause exists, what can we do about it?”. The Government’s argument in this regard is duplicitous from two points of view. First, it has still not provided an answer with regard to its role in respect of the insertion of this clause. Does the Government accept that the vote at the European Council was unanimous and that it voted to insert this clause as a stick with which to beat the people? Did the Government propose the insertion of this clause in order to create such a stick? These questions remain unanswered. There is a second point in this regard which I am not sure is fully understood.

The Government has provided the answer.

Mr. Paul Murphy, MEP

If the people vote "No" and reject the treaty and if the Government subsequently passes the ESM without seeking to amend it, the fault will not lie with the former but rather with the latter. The Government has the power to choose not to pass it, to use its veto and to demand an amendment.

Does Deputy Higgins agree that the Labour Party's position in respect of this matter is two-faced in nature? Last winter, I witnessed former MEP, Mr. Prionsias De Rossa, stating that the six-pack will reinforce the EU's austerity programme and drive us deeper into recession. The Government is now making the argument that the treaty is the same as the six-pack. It is not quite the same but it makes reference to many aspects of the six-pack. The Labour Party is seeking to insert into our Constitution a reference to something against which it voted in the European Parliament.

I wish to pose a question on the ESM and access to the funding therefrom. There has been a great deal of debate during the sub-committee's deliberations with regard to what we should do in the aftermath of the vote on the treaty. We have taken evidence from a range of experts in this field. One individual, Mr. Bill Cash, MP, indicated that the British also sought information from their experts on the ESM and Article 136 and were informed, in a written reply from the Financial Secretary to the UK Treasury, that amendment of Article 136 is not necessary for the ESM to take effect. It might be desirable to have such an amendment but it is not necessary. In other words, regardless of whether we amend the article after the vote on the treaty, the ESM can proceed in any event. We checked the position in this regard with Professor Gavin Barrett when he came before the committee and he also expressed the view that amendment of Article 136 is not necessary. He also stated that there are other ways to proceed such as, for example, by means of Article 122, which was used in respect of the original bailouts. Professor Barrett indicated that the European Union could put this firewall in place without necessarily obtaining the agreement of all member states to sign up to the amendment of Article 136.

What evidence does Deputy Higgins possess which suggests that we have an absolute hold in respect of the amendment of Article 136? If we reach the point where we think we can stop the ESM but where it emerges that we cannot do so, then we will be in a great deal of trouble.

Strangely enough, I never accused his party's predecessors in government, namely, Fianna Fáil, of having bought the electorate.

I thought the Deputy had done so.

No. I have a great deal of respect for the electorate and I do not believe its members can be bought in the way that is sometimes suggested by political commentators. However, for the ten years from 1997 to 2007 I took the opportunity in the Dáil to lacerate the economic policies - particularly those relating to property, housing and banking - implemented by Fianna Fáil and the Progressive Democrats. It was, of course, from those policies that the current crisis emanated.

Did Deputy Higgins object to those policies on ideological or practical grounds?

Deputy Durkan was a Member of the Dáil for that entire period and from his perspective he was consigned to the purgatory of being obliged to listen to me.

It was not purgatory. I thought it was heaven.

My opposition to the then Government's policies were based on the fact that, for example, a generation of young working people in their 20s or early 30s who lived in Dublin saw the price of ordinary homes increase fourfold. This increase did not occur because building materials or anything else that was essential to the construction of such homes rose in price.

The increase to which I refer came about as a result of outrageous profiteering and speculation. I made that point on many occasions and I lacerated the former Taoiseach, Bertie Ahern, in respect of it.

Did the Deputy do so on practical or ideological grounds?

It was obviously practical to oppose the previous Government.

I accept that the United Left Alliance is broadly based but I am of the view that Deputy Higgins should answer for himself.

In the context of a young person or couple faced with that type of blackmail simply for the civil right of having a home, my opposition was very practical indeed. Those in Fine Gael never once raised their voices in support of the points I made from the Opposition benches during the period in question.

The Deputy asked if we revving up fears and concerns. I take it he is referring to the household tax, water taxes, etc., in this regard. The answer is that we are not revving up people's fears and concerns - we are telling the truth. The Commission on Taxation wants what it calls a property tax but what is really a home tax. That commission wants ordinary people who live in average homes to pay a home tax of €560 per year. The Economic and Social Research Institute, ESRI, wants a water tax of €500 per year to be imposed. We are not wrong in any sense when we state that the future will come in the form of a parallel tier of taxation that will be imposed on hard-pressed people and that will quickly rise to €1,000 and more per year.

Would the absence of the bailout improve that?

This is part of the bailout; it is part of the austerity programme to further soak the economic lifeblood from of our people. It is nonsense that we cannot put any more tax on work, as if the money that is demanded of one for household or water charges is different money or comes from outer space. It all comes from the pockets of the same people.

We have got the bailout and it behoves us to ensure we show the outside world that we will not do the same thing again.

A final point, Deputy Higgins.

What we in the United Left are talking about is an alternative policy and an alternative society to that which the Deputy and his party would stand over. Mr. Murphy, MEP, was correct in what he said. How can one stand over a system where hundreds of billions of euros are stashed by private corporations while 25 million of our people are unemployed? That is the point about capitalism. If it is not profitable for them, they will not bring the means of production together, namely, the investment funds and the talents of the 25 million people who are unemployed. That is the crux, the paradox and the contradiction of capitalism. That is why we say we have to go beyond it.

Deputy Boyd Barrett referred to the incredible €1 trillion being given in the cheapest loans possible from the European Central Bank to European banks. Are they giving that money to small businesses and enterprises for investment and job creation? No, they are speculating it on sovereign bonds.

They are buying them.

They are speculating on them-----

Sovereign bonds pay for public services.

-----with money that is being given at a cheap rate. Instead of assisting the regeneration and recreation of European economies, they are further facilitating the banks in going back to their old speculative ways that caused the crash in the first place. Why the ladies and gentlemen present cannot see that I do not know.

Deputy Durkan's cited the anecdote of himself or myself standing in front of a bank manager-----

who demands that we pay back what we have borrowed. If my bank manager called me in and said I live in a modest semi-detached home, had been paying my mortgage all these years and thanked me for that and said he or she was sure I would continue to do that but asked me to look at the mansions up on the hill and said that for the past ten years the people in those mansions have been living a high life and had gone way outside their limits, that they are broke and that he or she wanted me to pay their debts, how would the Deputy respond or how should one respond to that situation? That is what we in the United Left Alliance are saying. These are not our people's debts; they are their debts. That is why we have the disaster we have at present.

Deputy Higgins has given a response of almost seven minutes. I suggest Deputy Higgins answers the one or two remaining questions outstanding and then we could have a limited question and answer session within one group.

The term "two-faced" is the one that was suggested to describe the Labour Party. There is a clear contradiction between what the Members of the European Parliament said and voted against in Strasbourg, I take it, and what they now propose in supporting the fiscal compact treaty. It is a direct contradiction, but then again Labour Party leaders say in speeches every now and then that they have some kind of an allegiance to socialism, so I suppose we should not expect consistency in that regard.

On the Chairman's last point, in my view, the purpose for "the blackmail clause", as we on the left have termed it, is political. It is to be used as a weapon to frighten people, to blackmail the electorate, particularly those in this country who have the vote, into supporting the fiscal compact treaty by threatening that if one does not one will be isolated, cut off, etc. It is not in any way a necessity; that is the reason for it, in my view. We will demonstrate in the course of the campaign, the time for which - some six weeks - is very short, how the Irish Government can put that clause out of-----

Notwithstanding the advice that this committee has received from experts.

We have our own reading of it. On the work Mr. Murphy, MEP, and others, in assisting him, have done, we are very clear on this and we will demonstrate that. I look forward to the debate that will now open up in earnest.

Some ten minutes remain in this time slot. I do not want to hear any speeches but if people have small points or questions they would like to raise, they could do so in 20 or 30 seconds and then we could have an exchange to and fro if Deputies and Senators consider that would be useful. Deputy Boyd Barrett signalled he would like to intervene and I ask him to be brief.

To summarise the case being put by the other side, is it not the case that what we are proposing as an alternative is large-scale public investment which would be financed by wealth redistribution? That is what we are proposing. Is it not a fair summary that what we see as the problem is that private sector investment has collapsed leading to a recession, that the one measure that could be taken to intervene in that situation to get people back to work is public investment, that it is precisely this which is outlawed by this treaty, and that this is the contradiction we are trying to resolve?

I call Deputy Higgins to be followed by Deputy Donohoe. If speakers keep their points to one minute each everybody around the table will be able to contribute.

Am I to bank the questions?

We will have the questioner then Deputy Higgins and so on. We will try to have a conversation, Deputy.

Essentially, we are saying that private corporations and private banks should not have the right to blackmail society and to starve our society of investment.

How does one stop that?

The profits they made were made by the talents and the abilities of hundreds of millions of working people but under capitalism they have been given the right to control those privately. We socialise them. We take the banks, the financial institutions and the hedge funds into public ownership and democratic control and then we plan the economy democratically on the basis of our needs.

It is not the case that public investment is outlawed by this treaty. It is the case that public investment must be funded by taxation as opposed to by borrowing. As a socialist, the Deputy can understand the role of taxation in funding public investment, which is what this treaty seeks to bring about.

I have two questions for Deputy Higgins, whom I neglected to thank for his earlier contribution; I do so now. First, on the investment by the ECB in October and again in February, the Deputy is right. That was used by banks to buy sovereign bonds but that money was then used to fund public services in the countries that needed those sovereign bonds to be sold.

Second, given the Deputy's acknowledgement that his mode of government does not exist anywhere in the world, does he believe that might give us an indication of the difficulty in bringing it about in Ireland?

Obviously, we need taxation for our public services and public funding, and taxation is on the creation of wealth. Fundamentally, we need wealth creation. The reason we have such a crisis in our country is that the system is not capable of bringing the raw materials and the resources together, particularly human labour and talent, to create the wealth that should be taxed which would then help to develop our services. However, in regard to the European Central Bank, if it is a good thing that investment goes into society, public services or wherever, why should the European Central Bank, which, theoretically, is supposed to operate on behalf of the people in some kind of a fashion, be refracted through private banks to make a killing in the process?

It is already buying through the financial markets, through the SMP, as the Deputy is aware. It is doing both. It is buying sovereign debt in secondary markets and lending money to banks to buy in the primary markets.

I want to see an end to the financial market system.

Does Deputy Higgins want to see the end of capitalism?

The financial market system is a vicious, anti-social, anti-human system by which speculators can sit at their desks and move billions around for quick returns anywhere they can, irrespective of the social consequences. It was 20 years to 30 years of that type of activity and the-----

Does Deputy Higgins want a reform of the financial market system or the removal of it?

We want it socialised. We want it in public ownership and to have democratic control and then invest for people, society and services for the future.

Mr. Paul Murphy, MEP

In response to Deputy Donohoe on the question of whether we could meet a structural deficit target through progressive taxation - the kind of taxation of which we are in favour - in theory a structural deficit target could be met. In a socialist society we are not talking about running deficits forever; we are in favour of balanced budgets in the long run. We are not in favour of running debts forever.

Following on the point made by Deputy Boyd Barrett, this is not just an abstract; this is driven by the European Commission. The Commission will set out the common principles, nature, size and timeframe of corrective action. Under Article 5, the outcome of the excessive deficit procedure is to, in effect, place governments in administration. It is the Commission and the Council that will determine the budgetary policy that is followed. When one looks at the actual reality, which involves the six pack, the budget on which they signed off in this country and the programmes pursued in Greece, Spain and Portugal are about imposing austerity and the treaty is just another mechanism by which to do it.

Is it not the case that the stability treaty says that countries that are in an excessive deficit procedure, as we are, have a three-year period before the full provision of the treaty kicks in?

Mr. Paul Murphy, MEP

That will apply for Article 4 but in the course of the three-year period one has to be seen to be making progress – I cannot remember the wording – in the direction. However, with Article 3 it kicks in immediately. I heard a Fine Gael Deputy suggest on the radio that this will only apply from 2018. That is not the case. If one reads the six pack regulation properly the three-year period relates to Article 4, not to Article 3.

I disagree with Mr. Murphy's interpretation. Does he acknowledge that a country that is in an excessive deficit procedure has a three-year period?

Mr. Paul Murphy, MEP

Only for Article 4, and in the meantime the country must make progress. In reality, progress will be deemed to be one twentieth, exactly as it will be from 2018.

When Mr. Declan Ganley was before the committee last week he replied in answer to a question that if the treaty had been in place ten or 15 years ago we would not be in the position we are in now. Does Deputy Higgins agree with that? Mr. Ganley accepts that.

Deputy Higgins has spoken repeatedly over several years about the bailout and the lack of necessity to bail out private borrowing by way of support for bondholders. Does he accept that in the event of default it would severely reflect on the integrity and authority of the Irish State and what it stands for, on the basis that all borrowing and lending - public and private - entered into in the past 15 years was done under the supervision of the institutions of this State? Whatever they were, and whether they were good or bad, it was done under their remit.

What did Deputy Durkan say that Mr. Ganley said?

He agreed that if the compact had been in place ten or 15 years ago that we would not have arrived at the unfortunate economic situation in which we now find ourselves.

That is absolute rubbish.

Does Deputy Higgins think Mr. Ganley was talking rubbish?

Absolute rubbish. It is demonstrably so. Incidentally, Deputy Durkan's colleague, the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, made a similar point a month or so ago. It is demonstrably false. The German Finance Minister, Mr. Schåuble, has made similar statements. Many others have made it too.

By coincidence, I happen to have Mr. Krugman's riposte. He said that we should look at the full list of countries that got into trouble because of high debts accumulated before the crisis, as opposed to those that developed large deficits as a consequence of the crisis. The full list consists of Greece. All the other countries were in surplus all through the period so the idea that if the fiscal compact had been in place for the past ten years that problems would have been avoided does not stand up. Deputy Durkan is an intelligent man. He knows the problems are a result of the unrestrained, unregulated speculation and profiteering in the financial markets worldwide over a 20 to 30 year period.

Part of my question dealt with that.

That is the key point. That is what has crashed the economy.

The second part of my question dealt with that. Whatever happened in this economy was done under the supervision of the regulatory system in place and the institutions of State. The question that arises is whether there is not some liability on the State to stand up and deliver afterwards.

There is a liability on the people who caused it — the developers, speculators and bankers, and one can add the regulators if one wishes. The Irish people carry no responsibility for it.

They voted for it.

We answer only for the Irish people – ordinary working class people. The big majority in society carries no responsibility whatsoever for the speculation and profiteering.

That is democracy.

It cost people dearly. Let us look at people in negative equity and with unsustainable mortgages. They have no moral responsibility whatsoever. We repudiate those gambling debts and those who caused them. We want an entirely different system and an alternative approach.

I thank Deputy Higgins for attending today's meeting and making a presentation. We have had an informative exchange of views.

Sitting suspended at 12.20 p.m. and resumed at 12.30 p.m.

I welcome everybody to the second session of today's meeting of the sub-committee. As those in attendance know, we are focusing in today's sessions on the views of the leaders of the various parties and groups represented in the Oireachtas. We are lucky to be joined by the leader of Fianna Fáil, Deputy Martin. Before I ask him to make his remarks, I remind everybody to switch off their mobile telephones.

I appreciate the opportunity to outline my party's position on the EU fiscal treaty. I thank the committee for the invitation to appear before it today. The committee's hearings on the fiscal treaty have been very wide-ranging and informative. The members have heard a lot of expert opinion concerning the impact of the treaty's provisions and also general political comments from a wide range of sources. This has been a very positive and constructive process.

Over the past 12 months I have spoken about resolving the European economic crisis more than any other topic. The resolution of that crisis is absolutely central to achieving the return to growth and job creation that everybody wants. In a range of speeches in the Dáil and in a recent lengthy address to the Institute of International and European Affairs, I set out in great detail my party's position on this treaty and on the much wider and more important reform agenda which is urgently needed. Instead of simply repeating what I said before, I will summarise briefly our position and comment on the debate to be held over the next six weeks.

Fianna Fáil is proud of its record in leading Ireland to participate in the European Union and to have the support of the process of development that has given us today's European Union. Even at this moment of deep crisis, the Union's record remains one of having enabled a relative prosperity and peace that would have been impossible otherwise. We are a pro-European Union party because we believe our being so provides the only credible context in which a small peripheral country such as Ireland can succeed.

Many people are suffering today because of the impact of the recession. Unemployment rates are too high and living standards are under pressure. We must be honest and acknowledge that since 1973, Ireland has benefited greatly and has witnessed significant social and economic advances due to its being a member of the European Union. Being an active member plays a huge part in enabling Ireland to continue to attract foreign direct investment. Membership offers security to those who want to invest and opportunities to those who want to export. The Union remains an immense force for good in areas such as equality, education and working conditions.

We are pro-European Union, but this does not mean we are uncritical. The duty of everyone who wants the Union to work is to work to improve it and address its shortcomings. As the recession built through 2008 to 2010, it became clear that the Union did not have the policies, powers or funding required to tackle the growing crisis. In reality, the attempt to stick rigidly within rules agreed in the pre-crisis years made circumstances much worse. Confidence was sapped and countries were left without the security of backup support.

In late 2010 it was finally agreed at the European Council that new approaches were needed to restore confidence and growth. The creation of a formal rather than an ad hoc bailout mechanism came too late but it was a major development. The six-pack measures showed a framework for fiscal stability emerging and crucially gave the European Central Bank a context to intervene more aggressively to stop what could have been a more catastrophic financial meltdown. Overall, the agenda has been limited so far but it is at least under way.

Fianna Fáil supports the fiscal treaty, not because it is the answer to Europe's problems but because it is an essential part of the answer. A stronger and more transparent set of budget rules for countries sharing the euro is part of what most experts say is required to secure long-term access to debt markets at affordable rates. It is entirely consistent with the principles we and others signed up to 20 years ago in the Maastricht treaty and it reflects a clear need given the scale of deficits here and elsewhere.

With regard to our current situation, transparent and robust budget rules and access to non-market funding are two core elements of Ireland returning to the bond market at an acceptable rate. Fianna Fáil believes the treaty will have no negative impact on budget decisions that will be taken by the Oireachtas in the medium term. The treaty may make those budget decisions easier than they would otherwise be.

One the great errors in some past referendum campaigns was to allow the debate to be dominated by responding to attacks on the real or imagined text before the people. The people have a right to hear a positive case made and that will be our priority.

Let me address some of the main criticisms that have been made. The main slogan used against the treaty is that it is an "austerity treaty". This implies the treaty will require more austere budgets than would otherwise be in place. This does not stand up to serious scrutiny. As I stated, the treaty will enable Ireland to gain access to funding at a lower rate than would otherwise be possible. This means less funding going on interest rates and more being available for public services. Equally, this funding allows the budget to be balanced over a longer period, reducing the severity of immediate cuts. The real route to increased austerity is to take a position where Ireland must pay higher interest rates or has no access to funding for its deficit or refinancing needs.

A related claim is that the treaty somehow marks the end of Keynesianism in that it is said countries will no longer be able to invest for growth. This misrepresents the treaty's substance. The key concept is the structural deficit. By definition, this is something that can allow deficits at key times. This is exactly what Keynes advocated.

With regard to economic independence, the reality is that countries will continue to decide on their own tax and expenditure plans. Where decisions are big enough to have an impact on the euro area, they will need to be flagged in advance, and this is also reasonable and proportionate.

A separate issue has been raised on why access to the ESM will be conditional on the adoption of the fiscal treaty. We should remember we are talking about the terms on which others are willing to lend us their money. A requirement to be signed up to transparent and strong budget rules is at the low end of what could be demanded. It is a reasonable and proportionate demand. The decoupling of the ESM from this treaty would serve no positive purpose and could cause damage by suggesting that euro members are not serious about fiscal discipline. This is a focused treaty that is not open to the types of wild misrepresentations that have been evident in previous referendum debates. Its limited contents and its ratification process mean there is no issue for renegotiation and there is no national veto.

Serious problems exist on the other side of the debate. It is foolish and counterproductive to define this as a referendum on whether Ireland wants to be in the euro. While there are circumstances in which this is an arguable case, it is a negative argument that will cause resentment. The euro has a positive case which we should be willing to make, rather than concentrating on nightmare scenarios. Equally, it is wrong to try to over-claim the benefits of this treaty. It would not have prevented our problems and cannot be presented as a measure which will ensure the crisis will never happen again. This treaty must form part of a wider effort to address the euro's flaws. In addition, reform of the European Central Bank must be proposed, as must unified financial regulation and an increased budget that would provide for investment in regions with high and rising unemployment.

I believe that outside this sub-committee's work, the debate is being handled badly. The late May date for the referendum is too rushed and runs a number of risks. First, it ignores the strong advice of the Referendum Commission and the experience of past referendums that a longer period for preparations leads to the public being more informed. Last year, people were promised longer preparation times for referendum information but, in fact, they are to get even less time. While this may not sink the referendum, I believe it constitutes an unnecessary risk. Second, there is a real risk that next month will see rising uncertainty about the treaty in a number of countries. The current favourite in the French presidential election has stated explicitly that he seeks changes. There also are issues in the Netherlands and in Germany, the SPD has stated it will support ratification only if a financial transaction tax is pushed through, a measure which of course would be unacceptable for Ireland and many other member states. At the same time, there is to be no White Paper and the eumatters.ie website run by the Government had its support cut and has now been discontinued. As a result, there is no Government effort to present all sides of the debate in an accessible place. It would have been more reasonable to allow at least an additional month for the debate and to increase efforts to engage the public.

My party was the first to call for this referendum and was the only pro-European party to call for it without requiring a legal opinion that it could not be avoided. All the evidence thus far is that Fianna Fáil's position is supported strongly by the almost 400,000 people who supported it in the last general election as according to recent opinion polls, more than three quarters of them intend to support the treaty. However, Fianna Fáil will take nothing for granted. It will campaign constructively, responding to anti-treaty arguments but giving absolute priority to positive arguments about the place of this treaty as part of the answer to Europe's economic crisis. In the midst of an unprecedented crisis, the Union must be willing to change to reflect the new position. The treaty is a fair and reasonable part of a broader response to the crisis. It will have a direct positive impact on Ireland and my party is committed to supporting its ratification.

First, I welcome Deputy Martin, the leader of the Fianna Fáil Party. I thank him for his attendance and his comprehensive response to this treaty. He has given strong leadership in the party on this issue in the national interest. As someone who led the campaign on the second Lisbon treaty referendum following the defeat of the first Lisbon treaty, Deputy Martin commissioned highly detailed research. He has mentioned the short lead-in time before the referendum date of May 31. From his experience and the research he had carried out, what does he consider to be the most important point to get across to the public regarding the benefits of this referendum, leaving aside all the other issues that are coming up such as the questions of water charges or domestic charges? In addition, as Deputy Martin noted, there is no question of issues such as a financial services tax or corporation tax being involved in this treaty. When negotiating the second Lisbon treaty, Deputy Martin dealt with some major issues and succeeded in incorporating the protocols that secured the passage of the second treaty, following the rejection of the first treaty. He negotiated this himself, as well as leading the campaign, and must take responsibility for getting it through at that time. Given Deputy Martin's experience, it would be helpful to outline some points that would be useful to follow at present to convince the people to vote "Yes" on 31 May.

Like my colleague, Senator Leyden, I welcome Deputy Martin and thank him for his presentation outlining our party's position. To follow on from the points made by Senator Leyden, in this instance there clearly was no necessity to negotiate protocols and so on. However, I refer to Deputy Martin's experience in the last campaign and his work in communicating with the public when, having effectively achieved the necessary concessions, there subsequently was a process of informing the public. He should expand a little on this process for members. I recall that at that time, under Deputy Martin's guidance the Department of Foreign Affairs put in place a website called eumatters.ie, which was non-political but informative. While I am unsure whether that website still is operational, the Deputy might outline how he structured or managed that communications aspect of the change in the campaign’s direction. He also should talk about social networking.

The Deputy acknowledged the treaty's limited content and stated it is not open to the same kinds of extraneous arguments that some detractors from the European project have advanced in the past. However, as I have been encountering people who still ask what this treaty is about and what are the treaty's nuts and bolts, a communications deficit clearly exists in this regard. As Deputy Martin has identified the short timeframe, can he share with members helpful suggestions on overcoming this deficit?

Like my colleagues, I welcome Deputy Martin, as leader of Fianna Fáil, to the meeting. It is of huge importance that leaders of mainstream political parties take a particularly positive stance on promoting the national interest regarding issues of this nature. Over the past couple of weeks, the sub-committee has heard a number of interesting submissions, some of which left members confused. I sincerely hope the public does not get as confused with the passage of time. Deputy Martin is aware that Keynesian economics have been promoted extensively by opponents of the treaty on the basis of the need to abolish austerity. Is it recognised that Keynesianism did not always work? I will not be overly explicit in this regard but I am sure the Deputy will recall times over the past 30 years or so when this issue was discussed and applied in this country.

I am a student of the 1980s.

I was referring to the 1970s, when a stimulus package was introduced at a time of economic crisis as a means of restoring economic equilibrium and it failed spectacularly. This point has been made and I welcome Deputy Martin's reference, albeit not directly, to that era.

In recent days, the Referendum Commission has suggested, as has Deputy Martin himself, that the late May date for the referendum is too early and that it requires more consideration. I am not so certain about this. On the basis of the balanced 50-50 broadcasting rule that applies, does Deputy Martin agree that the longer a debate goes on, the greater the chance of confusion arising as a result of the promotion of a balanced 50-50 portrayal of the "Yes" or "No" sides, regardless of whether those sides respectively represent a particular proportion of the electorate or civil society?

Deputy Martin also referred to an issue I consider to be of huge importance, which is that throughout Europe, other issues of a political nature are arising, whereby some member states have had second thoughts on second thoughts in respect of their commitment to the European ideal. How best can Ireland now contribute to such a regeneration of the debate on the European ideal? Can we so do during the course of this debate or through a longer, more protracted period, in which discussion and interaction could take place between members states of the European Union, within and outside the eurozone, to exchange views with a view to re-identifying and defining the European ideal and vision that lasted so well for the past 60 years or so?

I thank members for their contributions and the points they made. I refer to Senator Leyden's point, which reflects other points made by Deputies Dooley and Durkan. First, the provision of information is absolutely essential. We always overestimate people's knowledge about specific treaties and issues like this. The big lesson from Lisbon 1, and indeed from Lisbon 2, was the provision of objective, non-partisan, factually-based information. I understand the Government is intending to do that in terms of a communication to every household. We did a simple communication to every household well in advance of Lisbon 2, and we provided factual and non-partisan materials in other forums. In the context of a referendum it cannot be partisan; it has to be factual. The overriding conclusion emerging from Lisbon 1 was a significant lack of knowledge. It was a much more complex and lengthier treaty but nonetheless there was a lack of knowledge. This was communicated voluntarily by the people via comprehensive research that was undertaken afterwards.

I have noted similar comments in the Referendum Commission's report on the most recent referendums we had on Oireachtas inquiries and in relation to the issue of judges' pay. It is very familiar to me when reading it again. Many people did not quite know the detail of this, which one way or another influences both turnout and people's decisions.

As regards what the core issue is, in practical terms it has to be as a contribution to creating certainty in the marketplace that the eurozone is on the right pathway to stability. Linked to that from an Irish pragmatic point of view is access to future funding. If we want to return to the markets, parallel with our own fiscal pathway of correcting budgets and getting the public finances down to 3% by 2015, that is necessary.

In parallel with that, access to the ESM is an important part of the equation. Put simply, we need a number of issues coming together that will enable us to go back to the marketplace. Access to the ESM is important because bread and butter issues are involved. We intend to borrow €15 billion this year, which is our target. It is to keep education and health services going, as well as paying for our gardaí and other public services across the board. People sometimes refer to this as an austerity treaty but it is nothing of the sort. It is actually the opposite of austerity. If we were depending on the markets right now, we would not be talking about €15 billion, nor would we have been talking about €18 billion last year. Markets would exercise a far more savage and ruthless discipline on countries than any European facility has done or would do. That aspect of the debate has not been articulated since we entered into the facility with the IMF and the ECB. It is a far better scenario because we are members of the eurozone and the European monetary union system. We were in a position to avail of funding at about 3.5% to fund an €18 billion shortfall last year between expenditure and revenue, and €15 billion this year. The markets would charge 6% or more. That is the key issue at the end of the day, if people are asking why they should vote for this. We are on a steady pathway and yet it is very hard for people. Many people have lost their jobs and are in mortgage arrears. People are not happy with various cuts in education and health, but this pathway enables us to maintain a borrowing facility of about €15 billion this year to pay for essential public services. It is the difference between what we raise in tax and what we spend. That has to be the key point.

Deputy Dooley referred to communications. I do not understand why the website eumatters.ie was allowed to wane. It was a useful tool to provide ongoing relevant public information on EU issues. A White Paper should have been published also. It works both ways in providing a comprehensive account of the treaty and deals with all the issues. In addition, it allows those who are advocating the Union to look through all the issues. The discipline and work involved in preparing a White Paper is often very informative and insightful. In turn, it can be helpful in providing more information to the public. It should have been possible to produce a user-friendly White Paper. Previous White Papers were criticised because people did not read them and they are too weighty. I remember being convinced by people that the Lisbon 1 and 2 White Papers were the right thing to do.

A rapid response unit is essential as issues arise daily, as they will. All sorts of hares will be sent up the field, so one needs to be very quick to nail them. We will have to be strong, quick and focused to keep the debate to the essential facts and questions concerning what is in the treaty. It is not what may be in the treaty, or people's theories or constructions, although they will arise. The "If such and such happens, then this will happen" approach will arise but we must keep to the details of the treaty. That means those advocating for the treaty cannot overhype or attach unmerited claims to it. It would be unhelpful to do so.

We must not overestimate the degree of knowledge that everybody will have about the treaty. There is an awful lot going on in people's lives. There is a huge amount of information being disseminated to the public about a range of issues. Let us be frank, in people's daily discourse, this treaty referendum does not rate as the number one item at the moment - although it may do so as we get closer to the treaty - so we must be conscious of that and use all the communication tools available.

Deputy Durkan's point was about Keynesian economics. I was not saying whether it works or not. I would never attempt to bring the committee down that road other than to state that those who say this treaty is the end of Keynes are factually wrong.

I agree with the Deputy.

The treaty says that if there is any significant downturn in any country of over 2% of GDP, one is free to apply offsetting measures. By definition, in the context of the structural deficit, it allows for the Keynesian philosophy to be applied. Whether one agrees with that or not is another point, but it does. It is a mistake to suggest that the treaty puts an end to Keynes's philosophy. That argument has been advanced by people but it is wrong. This treaty allows for the provision of stimulus if the drop in GDP is over 2%. Let us reflect on the fact that we are borrowing €15 billion this year to keep the economy and essential services going.

Will Deputy Martin take an interruption?

From Deputy Durkan, of course.

Very briefly, Deputy Durkan.

I think he would describe it as a positive intervention, not an interruption.

It is a positive intervention. Does Deputy Martin agree that Keynesianism works better on the basis of having achieved a sustainable economy prior to that, in terms of the economic fundamentals having been recognisably put in place?

I think so, yes. I do not really want to get into that because I am conscious that the Chairman wishes to move on.

There are other people who wish to ask Deputy Martin questions as well.

Deputy Durkan's last point concerned the late May date. I do not agree with him that the longer the debate, the greater confusion because of the 50-50 rule. I believe in democracy and the power of argument. If the argument is strong enough, one can counteract the 50-50 rule, although it is challenging. My main point about the May date is that it is just after the French presidential election. It is hard but the French presidential candidate in question will not be the first labour leader in Europe to make commitments in advance of an election that are quickly forgotten afterwards. Nonetheless, he has made commitments-----

We know from where they learned that.

Okay, Chairman.

The point is that the candidate in question has made a commitment which creates doubt. It allows room for mischief during the campaign when it would have been safer to give more distance. People will use all sorts of arguments and raise all sorts of issues to derail a campaign as well. There is a difficulty with the French presidential election but I do not believe it is insurmountable.

I welcome Deputy Martin to today's meeting and thank him for his contribution. On the issue of timing which Deputy Martin touched upon, I accept his points have made been for genuine and sound reasons. Another viewpoint, however, is that the discussion on the stability treaty is happening in an atmosphere of relative calm in the eurozone as opposed to other stages in the crisis. However, several matters could become more uncertain later in the year and become future causes of instability. For example, the Greek elections are happening in May after which there may or may not be a government formed there. It saddens me, as well as concerns me, to see the current difficulties in Spain and the questions raised as to whether it will need some kind of official support, and if so, whether the capacity will be there to give it. As the year goes on, we could find ourselves in a situation in which the eurozone environment is more volatile and difficult, going back to the levels of worry and panic we saw during last year. With that in mind, from the point of view of the national interest, would it not be better for Ireland to be in a situation where hopefully we are inside the new structure that will be created with access to the different capacities and safety that it will involve rather than finding ourselves outside of it in a volatile environment?

Deputy Martin stated there was a need for greater change in the total architecture of the European system, a point with which I agree. The passage of this treaty does not preclude any of the developments Deputy Martin referred to, such as a different role for the European Central Bank or the development of a transfer union in which there would be greater ability for money to flow across national boundaries, however. The passage of this treaty may actually create an environment in which some of these developments are more likely to happen.

I welcome Deputy Martin to the committee. In his statement he stated Fianna Fáil supports the fiscal treaty not because it is the answer to Europe's problems but because it is an essential part of the answer. On 19 February in his keynote speech to the Institute of International and European Affairs, IIEA, he stated:

The fiscal treaty must be one part of a wider series of urgent initiatives which are capable of tackling the crisis. Because no wider action agenda has been promoted, the treaty is currently a stand-alone measure and the end of a process. If you agree that any solution to the economic crisis must involve the EU then you cannot keep to this position. It would be a betrayal of the hopes and urgent needs of the citizens of this state and the Union as a whole.

Why would Deputy Martin support a stand-alone measure which is the end of a process? Why would he not wait to see what the wider package will involve? Is there reason to believe there will be a wider package? Does he believe that potential package could contain solutions?

I was interested in Deputy Martin's point that we need to explain the issues fully to enable people to understand what they are voting on, to ensure their support is achieved and to ensure a good voter turnout. If one looks at the recent referendums during the presidential election last October, the judge's pay referendum, a one-line campaign, was easy to communicate. Accordingly, it was positively carried. The Oireachtas inquiries referendum was, however, completely different. When I was on the doorsteps canvassing, I found people would engage on the judge's pay issue but would be quickly lost on the Oireachtas inquiries referendum.

The danger with a referendum like this one for the fiscal treaty is that we will suffer from a low voter turnout because some people decide not to engage with it. As Deputy Martin said, people have busy lives and have much to deal with. I believe it is important it is not just the main parties that play a role in this referendum campaign but the regional parties too. What will Deputy Martin's party be doing to ensuring its members go out to convince people to vote in favour of this referendum?

On Deputy Donohoe's points first, I accept there will always be a debate as to the best time for a referendum. The lesson I have learned from this process, as well as having been the Minister for Foreign Affairs directing the second Lisbon treaty referendum campaign, is that a comprehensive, well researched and well-informed campaign trumps timing issues. When one is ready with all the ducks lined up in a row, that is the time to go. I came under significant pressure after the first Lisbon treaty referendum to have a second one very early on. There was much impatience, with some suggesting it should be done legislatively because Europe needed it fast. We actually went 15 months before we had the second referendum. The most important approach during this time was to consult with the people as to what were the issues and could guarantees be negotiated on these. It was also important then to prepare communications properly, both of the information on a factual and non-partisan way and also a correct advocacy position in supporting the treaty.

Deputy Donohoe identified several scenarios on elections. I believe there is a significant difference between the French and Greek elections. We all know that a potential French President wants a stronger economic and growth dimension to the treaty. The outcome of the Greek election will not change it. It is arguable as to whether the French candidate will follow through if elected or if a reasonable accommodation is arrived at. At the same time, the French presidential election is a significant event which cannot be discarded.

Deputy Donohoe made a good point about Spain's difficulties. They add to the reasons why we should vote in favour of this treaty. Spain's problems, and those of others, are very worrying. It brings the gravity of the situation home to people that we are not out of the eurozone crisis. This is an unprecedented crisis in Europe and across the world, the worst since 1929. It is the first major existential crisis with the euro itself. The Spanish difficulties could concentrate minds more on the importance of this treaty as part of the answer to getting the eurozone back on a stable pathway. Overall, the Spanish difficulties will help the advocates of this treaty. This stems from my experience of previous situations. By and large, people understand that, on balance, we are better within than without.

In my speech to the IEEA, I argued the mandate of the European Central Bank is too limited and needs to be broadened to take on not just inflation but growth. The lack of uniform financial regulation, including a pan-eurozone bank resolution regime, requires to be addressed. I equally articulated that we need a more ambitious fiscal union, one which does involve transfers between states. I have stated this on the record on a number of occasions.

I accept Deputy Donohoe's point. He is correct in saying that nothing in this treaty precludes any of that from happening. Of course, it does not. That is my party's approach.

Frankly, there is no sense of the other matters being on the agenda because there has been much resistance to broadening the European Central Bank's mandate. It is a fundamental issue on which there are significant positions adopted by the German Government. The German Government has its views and has made them clear to anybody who will listen that it is not that responsive at this stage to any idea of broadening the mandate of the European Central Bank. That does not mean we or other member states should not advocate for it. That is essential, in terms of a pan-eurozone bank resolution regime and pan-eurozone financial regulation as well. If we are serious then about fiscal union, it must involve transfers at some stage.

Senator Kathryn Reilly referenced that speech. We stated it was a stand-alone measure because at that time the treaty was being advocated by some as a major contribution and as almost the complete answer, and we were clearly signalling that it is not. It is part of the answer. One could ask why we advocate it if we say it is an end position. We advocate it because there is nothing new in its essential elements. Some 20 years ago we signed up for this in the Maastricht treaty. The country signed up for more responsible budgeting. Nobody in the House is really arguing against the need to reach a 3% deficit by 2015. I do not think any political party is. Maybe one or two might.

There was one earlier.

Some may, I accept that. By and large, people will say they are in favour of balanced budgets. The six-pack that we agreed last year on the Stability and Growth Pact are essentially contained within this treaty and we do not have any difficulty with that. We believe the treaty can help with confidence in the marketplace and can be a useful mechanism to encourage greater international confidence in the eurozone. Deputy Donohoe raised the issue of Spain. The degree to which international investors are leaving the eurozone in terms of funding banks is worrying and this confidence issue is important. The passing of this treaty will help underpin and retain confidence and that is an important point in the current evolution of the crisis.

Senator Leyden raised a question on what our party would be doing and the low turnout. We will be canvassing, we will be issuing leaflets and we will be attending public meetings and campaigning constructively and energetically to advance the passing of the fiscal treaty.

We have had contributions from anybody who signalled. I suggest that I ask for further contributions but that speakers limit them to approximately one minute. I will then ask Deputy Martin to respond in turn so that there is something of a conversation for the next ten minutes or so. The first member signalling was Senator Leyden.

I thank Deputy Martin for the comprehensive response so far.

On the consultation the Deputy had with the Government, initially when a decision was made to hold a referendum there was short notice given in the House. I hope that the contacts have improved since. The Government should realise Deputy Martin has a unique position as leader of the Fianna Fáil Party, a party that brought Ireland into the European Community in the 1973 period, signed up first time and fought all the referendums successfully on behalf of this country. He has a unique position and, having been responsible for getting the second Lisbon treaty through, he has knowledge. I hope that the Government, and the Taoiseach and Tánaiste, are aware of and are showing proper regard for his position as the main leader of the Opposition parties, and one who is in favour of this treaty which is special.

Finally, on the comprehensive letter Deputy Martin sent to the Taoiseach prior to the decision to hold a referendum, did he receive a satisfactory response to the many questions put at that stage?

Consultation and contacts by Government have improved quite a degree since then with all parties. The key responsibility of Government is to ensure the provision as rapidly as possible of comprehensive information on the treaty to the public at large as well as to political parties and to Members of the Dáil of all colour and creed. That is extremely important.

We received a comprehensive satisfactory reply to the questions we tabled.

I would agree with Senator Leyden and Deputy Martin on this unified constructive approach to an issue of this nature which has national consequences. I would point out that, previously, on Lisbon 1 and Lisbon 2, as everybody accepts, my party, Fine Gael, and the Labour Party, without exception and without question, rowed in to the campaign strongly in favour and supportive of it in the national interest. That is laudable. My party acknowledges what Deputy Martin has said.

Can we all presume that each Deputy and Senator who is committed to this concept will actively campaign throughout the country in his or her constituencies and maybe outside if called upon?

I do not know whether I can presume that or not.

Deputy Martin could advise them.

That is a different question. I will be encouraging and advising all members who are supportive of the treaty to go and campaign for the treaty and to support it.

What will determine the success or otherwise of the campaign for the treaty is the degree of energy and application that the advocates of the treaty advance. In other words, the more energetic a campaign, the better the outcome and the result. There is no question about that. It is important that we participate.

Any time we propose a change to the Constitution, it is a fundamental issue. There is an obligation on political parties to put their position to the people as energetically as possible and to raise issues. What is important is that we be factual, that we do not on one side over-claim and on the other make assertions about the treaty that simply are not there and that do not exist, and that we acknowledge that this is not the panacea for all our problems but rather a step in the right direction and an approach that is in the best interests of the Irish people. That is the key point. Given where we are now, the fact Ireland is borrowing €15 billion to pay for social welfare, education and health, and irrespective of this treaty, we will need to borrow significant amounts of money in the next two to three years. This treaty will not affect that. One way or the other, the treaty will not determine our budget next year, the following year or up to 2015. We are committed to borrowing that amount of money and getting the borrowing down in a reasonable, sustained way to ensure we can pay welfare, keep education and services on a reasonable basis and provide other priorities for the people. That is basically what this is all about. It is about such bread and butter issues.

On behalf of the committee, I thank Deputy Martin for attending, for sharing his views with us and for engaging with the committee on this important issue.

Sitting suspended at 1.20 p.m. and resumed at 2.30 p.m.

I welcome back those who were here earlier. I ask everybody to check that their mobile phones and iPads are switched off as they interfere with the broadcasting equipment. This meeting is being broadcast live on UPC channel 801.

This is the sub-committee's third session on the referendum on the intergovernmental treaty on stability, co-ordination and governance in the economic and monetary union. Today's session is focusing on the views of party leaders. This morning we heard from Deputies Higgins and Martin. This afternoon we will hear from the Tánaiste and leader of the Labour Party. I welcome the Tánaiste and invite him to give his opening remarks.

I last had the privilege of meeting the Joint Committee on European Union Affairs in connection with the stability treaty in late January, approximately ten days before the negotiations were concluded. The debate we had then was very useful to me, to the Taoiseach and to the Irish negotiating team in those crucial final days.

On behalf of the Government I thank the Chairman and all members of the sub-committee for their excellent work before and since Easter. Their programme of work began within days of the announcement of the referendum and they have ensured that this vital issue for Ireland has been thoroughly debated from all perspectives. No time has been lost. I also convey my thanks to the many guest speakers for taking the time to debate the issues here.

This week, the Bill to amend the Constitution will be debated in the Dáil before moving on to the Seanad. Next week, the referendum campaign will be fully under way. The Government and the parties in government will approach it with a level of energy and determination not seen for years in European referendum campaigns. I am determined that the campaign and the debate will focus - as it has done here in this sub-committee - on the stability treaty itself, its context, its contents, its purpose and what it means for the people. While I have always said it is not the solution to all our problems, I am fully confident in its merits for Ireland and will outline them here today.

We must not lose sight of the context in which we are asking our people to vote "Yes" or "No" on 31 May. Where did this treaty come from? Why is it important for Europe, the eurozone and Ireland?

We know all too well what happened here in Ireland, with the double-whammy of a collapse in tax receipts opening up a huge and unsustainable deficit, coupled with a major banking collapse that had to be confronted and managed. Our crisis was dramatic, real and unfortunately very human with job losses and personal sacrifices in terms of wages, tax and other costs. We might have been in some ways alone in the scale of our crisis, but we were not alone in Europe in having one. There is no need in this well-informed setting to rehearse other stories but one thing was clear - the euro itself as a currency was under serious strain, especially at the end of last year. Larger, previously invincible economies were in the firing line.

For us in Ireland, with our exports leading our national economic comeback, the last thing we needed was a problem with our currency. The last thing the people needed was the fear everyone had late last year that the money in their pockets and in their bank accounts might be somehow devalued or even worthless in some sort of euro collapse. That was what the debate was like just a few months ago and we are not fully out of the woods yet.

The European Union - and within it the eurozone - moves slowly and imperfectly as we all know. That is the price we pay for important democratic checks and balances in how it operates. However, despite its imperfections we now have a permanent bailout fund and we are putting in place early warning systems. The ECB, while always acting independently, is acting and we are retrofitting proper financial regulation and capital requirements onto Europe's banks. This mirrors much of what is happening here at home in Ireland with our economic adjustment programme and our restructuring of the banking sector.

More important still, perhaps, this building of a crisis prevention toolkit is accompanied with a renewed emphasis on growth, jobs and social cohesion at a European level. An agenda for growth was agreed at the same time as the treaty. This is no accident and Ireland was to the very forefront of those demanding that parallel growth agenda. The stability treaty has been negotiated and agreed as part of this toolkit and as a vital statement, at the level of an international treaty, that those signing it would commit to a stable euro and to good housekeeping with their national budgets. In doing this, the stated purpose – I am quoting Article 1 of the treaty directly - is to support "the achievement of the European Union's objectives for sustainable growth, employment, competitiveness and social cohesion".

That is the context in which this important treaty was agreed. It is the context in which the Government signed it and is now recommending it to the Irish people. We would never have done so if we did not believe it was in our interests.

In simple plain English, what does the treaty mean for Ireland? It is about the stability of the euro currency – the money each of us earns, spends and, if he or she gets the chance to do so, saves. As I just said, the euro was believed to be under serious threat late last year. Thankfully, it is more stable today but we need this treaty, among the other toolkit measures, to copperfasten that stability.

It is about Ireland's being at the heart of the euro zone and telling our investors and job creators that we are remaining firmly at that heart. A positive vote will keep us in the eurozone mainstream. This is not just the Government's view; it has been said in the last two weeks by groups ranging from the IFA, which represents our food producers, who are at the core of our export growth, to the Small Firms Association, which represents our local small business employers and entrepreneurs.

It is about funding our vital public services, such as social welfare and education. When the EU-IMF programme ends next year, the borrowing needed should come as normal again from the markets, as we intend. If it cannot, however, we need to access the insurance policy that is the ESM, but, to get access to the ESM, we need to ratify this treaty. That is a fact. I want to hear some real answers from the treaty's opponents as to where exactly the money will come from if it cannot come from the ESM. I want to hear from them how it would be helpful for returning to the normal markets to have us blocked from the ESM.

As I said earlier, it is about a framework across the eurozone for doing what we are doing here in Ireland anyway in terms of good housekeeping, namely, getting our deficit and debt in sustainable shape so that when Government spends, it spends less on servicing debt and more on vital public services and job incentives.

I will also tell the committee what the stability treaty is not. Above all, it is not, as one participant tried to suggest, a trigger for €166 billion in immediate cuts across Europe or up to €6 billion in cuts in Ireland alone in 2015. Estimates like that are arrived at by playing fast and loose with numbers. The fact is that structural policies by Government have real impact and can change any estimates by much between now and 2015 and beyond. To draw a firm conclusion now does not work.

I suggest, however, that what treaty opponents do effectively favour is a scenario where we still spend more than we take in in taxes and other revenues and then cannot borrow the difference - not from the ESM and almost certainly not from the markets either. That difference is our deficit, which we are currently reducing on a gradual basis but which would need near-immediate cutting to zero if we could not borrow.

Let me spell out exactly what this would mean this year. It would mean 8.6% of GDP in further cuts and tax increases in one go, which would total €13.7 billion. One might argue this is too much doomsday debating and, indeed, any cut like that would simply wreck any economy. However, if one cuts off the funding sources of last resort, where does this borrowing come from? Frankly, to argue someone will step in from somewhere is not good enough.

In so many other ways, this "cuts" or austerity argument is not grounded in reality. Even within the strict enough strictures around the EU-IMF programme we hope to conclude on time next year, we have flexibilities which allowed the Government to make changes such as restoring the minimum wage and earmarking funds for jobs incentives. Nothing in this treaty changes exactly how or what we tax or how we spend.

I remain focused on the treaty's merits rather than any false claims or exaggerations from its opponents. First, the stability treaty is focused on the stability of the euro, the currency we are paid in, spend in and, if we can, save in. Second, it is targeted at investor confidence in Ireland, particularly by job creators. Third, it is an insurance policy in terms of access to the ESM assistance fund, if needed. Fourth, it is good housekeeping in regard to Ireland's budgets and the budgets of all EU countries, so public money can go to public services and jobs incentives rather than to servicing debt.

It is not pretty, although I challenge anyone to show me a treaty that is. Nonetheless, I am convinced of its merits and will campaign hard in favour of it. On 31 May ratification will be the people's choice and, with that in mind, I am determined the Government will do everything possible to ensure they are accurately and fairly informed between now and then. As committee members know, a key element of this will be a document going to every household containing the treaty text and some short explanatory information. We will also have an online presence, which I hope will go live later this week.

I look forward very much to the debate and the campaign, as I am sure we all do. The economic context both in Europe and here in Ireland has never been more critical. As I said at the outset, we are assembling a toolkit to stabilise the euro, grow our economies sustainably and make them into engines for job-creation. We need Ireland to be at the heart of those efforts and voting for this treaty will help us achieve that.

I am happy to debate the issues and answer questions as required.

I welcome the Tánaiste and Minister for Foreign Affairs and Trade, Deputy Eamon Gilmore. He had a very successful weekend at his old alma mater in Galway. It proved a very good showcasing of Galway, in particular NUI Galway. I wish to share in the condemnation of the bully-boy tactics of the protestors, particularly in regard to the members of Garda Síochána, which is our force, defending the State. They were treated in a shabby fashion and I agree with the Tánaiste's condemnation and that this type of protest is unacceptable in a democracy.

With regard to the treaty, the Tánaiste made a very good contribution. The date of 31 May has been set. Is the Tánaiste concerned about the outcome of the French election, which could see Mr. Hollande as the new President of France? Mr. Hollande has said he will add new clauses on growth and solidarity to the pact and will basically renegotiate this treaty, which is of concern. As a fellow socialist, will the Tánaiste have some influence in that regard? I know it is a matter of election airing and election promises, and no one knows more about them than the leader of the Labour Party, given the things that were said during the election campaign about Frankfurt and Labour, although we know all about that and I will not go into it as it is not relevant. I am more concerned about Mr. Hollande's approach and how he will affect the outcome of the referendum on 31 May. If he is elected, what impact does the Tánaiste think this will have? Will he influence Mr. Hollande to tone down his opposition to the treaty at this stage?

I welcome the Tánaiste and thank him for his presentation. I am pleased the Tánaiste has indicated a willingness to begin the campaign as quickly as possible. He has talked a little about what the Government intends to do, and I welcome very much the fact it intends to have an online presence. There was an online presence in the past in regard to the Lisbon treaty, which I believe worked well and certainly provided a forum for discussion and getting information out. I welcome that approach.

It is vital the Government takes nothing for granted. This is based to some extent on history, and the Tánaiste has some good officials around him who are very familiar with the previous referendum campaigns. While there is a view on this occasion that it is a relatively simple document which is readable, short and to some extent devoid of the kind of eurospeak that is found in many of the treaties, this could lull all of us in the political establishment into a belief that everybody is clear on the objectives of this treaty, which would be a fundamental mistake. There is a challenge for the Government and for all of us on the "Yes" side that we communicate to the greatest extent possible the points the Tánaiste has raised today and do so in an effective campaigning mode, rather than sitting back and expecting it to happen through the media.

Concern has arisen as a result of a leaked document of the Referendum Commission's report which seems to suggest it did not have the appropriate time in regard to the last suite of referendums. Some questions arise. Does the Government intend to publish that document? Is there anything the Tánaiste can tell us today that the Government has learned from this episode that will form part of the campaign?

I thank the Tánaiste for his presentation. In regard to the text the Government wishes to put to the people on the constitutional amendment, does the Tánaiste agree that, if the Irish people were to agree with the Government's proposition and we were to insert this, we would be bound by the rules of this treaty and it would be quite difficult to untie ourselves from that? It is suggested that this is no big deal and if a new Government elected by the people wanted to change course or strategy it would be a minor issue to get ourselves out of it. Will the Minister give us a clear sense of his view on the legal implications of what we are being asked to put into our Constitution?

I wish to speak about future access to the European Stability Mechanism. As confirmed by the Minister's colleague, Deputy Brendan Howlin, the Government will not put forward legislation on this prior to the people having their say. Sinn Féin called for this and we welcome this decision. It means the Government withholds the right to bring forward legislation and if the Irish people reject the proposition it can engage with its European partners to convey the people's concerns about this conditionality before legislation is brought to the House. The Government has a veto on the amendment to Article 136. How will the Minister approach this in the event the Irish people reject it?

It is becoming clear that the Minister and other proponents of the treaty are focusing very heavily on future access to the ESM as their only strong point. Many of the witnesses who have come before the committee have expressed grave reservations about the economics of this but have stated they are concerned about the ESM conditionality. Does the Minister agree this is a sad reflection when one thinks about François Mitterrand and Jacques Delors, the architects of social Europe? The Labour Party in Ireland is very committed to the European project and in many ways this is admirable, particularly with regard to workers' rights, the welfare state, social solidarity, women's rights and environmental legislation. All of these are admirable and have been achieved through this approach but those who represented this approach down the years are deeply alarmed by the treaty. François Hollande stated he will seek to renegotiate it and the Social Democratic Party in Germany has expressed concerns. The Dutch Labour Party has also expressed serious concerns as has the European Trade Union Confederation which represents trade unions throughout Europe. All of the Minister's partners in Europe state this is a bad proposition and, in the words of the chief economist for ICTU, Paul Sweeney, it is a right-wing coup. How can the Minister feel comfortable as the leader of the Labour Party arguing for a right-wing proposition in defiance of everybody who shares his view throughout Europe? Therefore, will he remove his consent to the blackmail clause and let a proper debate take place in Ireland and let the views of social democrats throughout Europe come into play? If this is a debate about the big picture and the future of Europe, the eurozone and where we are going these voices need to be heard without this threat hanging over them.

I invite the Minister to respond. Other committee members will also ask questions and I ask the Minister to limit his comments and responses to approximately five minutes.

I thank the three committee members who have contributed. I thank Senator Leyden for his kind remarks about our conference in Galway. He made reference to the protests which took place. In fairness, the vast majority of those who came to protest in Galway last Saturday came to do so peacefully and did do so peacefully. A minority engaged in violent activity and I am disappointed the organisers of the protest, in particular the Dáil Deputies involved, have to date not disassociated themselves from or condemned the violence. I ask them again to do so.

The date of 31 May which has been set for the referendum is 65 days from the time we decided to have a referendum. It is a stand-alone proposition and not as complex or lengthy as previous European referendums. The French election or any other election is not a factor. As a country we must decide whether we want to ratify it. We must make up our own minds on whether the proposition is good for the country. It is a matter for other countries to decide how they will respond to it. I am conscious of the fact that an election campaign is under way in France but as I understand it the position of the Socialist party candidate is to add a jobs and growth agenda to the treaty, which is something that has already been agreed.

Last autumn there was much talk about a treaty. The Government's position was that a jobs and growth agenda should go hand-in-hand with a treaty and we, along with other member states with a similar position, were successful in persuading colleagues in the European Council on this. We do not claim the stability treaty is the be all and end all of everything that needs to be done to bring stability to the European economy and get it to grow again, but it is an essential part of the toolkit required and the jobs and growth agenda must go hand-in-hand with it.

Deputy Dooley welcomed the online presence and I expect the stability treaty website to be up and running later in the week. I agree that nothing can be taken for granted. When the Government negotiates a draft international treaty on behalf of the people of the country it has an obligation to explain what has been negotiated so people can make a decision on it. This is why we decided to provide information and circulate a copy of the treaty text and an explanatory document to every home in the country. We hope to do this in early May.

Every time a referendum takes place a separate referendum commission is established. The referendum commission responsible for the two referendums held in conjunction with the presidential election last October has reported to the Government and it is intended to publish the report. The Minister for the Environment, Community and Local Government has line responsibility for this and I understand it will be done shortly. We need to bear in mind it is a report on two referendums held in conjunction with a very high-profile presidential election. As members recall, criticism was levelled at the fact that two referendums and the presidential election were on the same day and we can probably learn lessons from this. On this occasion one proposition will be put people and the referendum is not being held in conjunction with an election.

In response to Deputy Mac Lochlainn, Ireland has a long and honourable tradition of honouring the international treaties to which we are party. The proposition being put to the people seeks their approval to ratify the treaty and makes clear the legislative measures arising from its ratification would be in compliance with the Constitution. It is our intention that, if the people of Ireland ratify the treaty in the referendum, its terms will be applied and honoured.

The Deputy referred to three legislative provisions that relate to the treaty, namely, the legislation to amend the European Communities Act, which deals primarily with definitions and so on, the legislation to ratify the European Stability Mechanism, ESM, treaty, and the fiscal responsibility Bill. All of these Bills will be published in advance of the referendum, but it is not intended to take them through the Houses prior to it. It is only reasonable that we put the question about the ratification of the treaty to the people and let them make their decision one way or another.

A point was made about a social Europe. As the Deputy stated, the Labour Party has always been committed to the concept of a social, democratic and fair Europe, a Europe in which the rights of its citizens and peoples are protected and enhanced. For decades, much of the progress witnessed in Ireland in areas such as women's rights and the introduction of equal pay, equality legislation, legislation on protecting the rights of workers and consumers and legislation on protecting the environment, had its origins in the EU. Ireland is better because such legislation was introduced. In turn, legislation on improving living standards for people in Europe and on ensuring the availability of jobs and good quality incomes depends on Europe being a successful economy. We have a shared responsibility to ensure that the European economy is successful. I expect that we will pick up on some of these points, but the Chairman is giving me the signal that I am running over time. I would gladly revert on a number of these matters.

It is the Chairman's only opportunity to do that to the Tánaiste.

Believe me, he does it regularly.

(Interruptions).

He is not behind the door at our parliamentary party meetings.

I welcome the Tánaiste and his officials to the meeting. I thank him for addressing the committee. Monsieur Hollande is not featuring as prominently in County Kildare as he is in County Roscommon, but we observe emanations from all parts of Europe. I agree with the Tánaiste on the questions of inclusiveness, a social Europe and the necessity to keep the focus on Europe as an entity. Each country must accept and take ownership of its role and responsibility within the EU.

My understanding is that Monsieur Hollande supports the concept of jobs, but only after there is growth and fundamental economics, for example, the balancing of books, have been put in place. Otherwise, it would merely be a stimulus package in the middle of a crisis. When a certain professor in this country proposed something similar, it did not work.

We need to encourage another issue. While I accept colleagues' points, is there not also a responsibility on the EU institutions to reaffirm the European vision and the concept of Europe? We regularly hear of political parties, perhaps at election time, in various locations throughout Europe speaking the language of the proletariat in their respective areas. This does not necessarily promote the concept of Europe that we all desire and was the original aim.

I was present when the then mayor of Strasbourg and President of the European Parliament, Mr. Pierre Pflimlin, spoke as a true European to all the people of Europe and indicated the inclusion of every European. However, there is now a trend of various leaders taking opt-out clauses. Although I do not ask this in the context of the referendum, what can we do during its course to refocus on the original ideals of Europe?

I thank the Tánaiste for his wide-ranging and interesting speech. He made a point about Ireland's participation in the EU in terms of women. Many young and middle-aged people do not realise that, before Ireland joined the EU in 1973, women needed to give up their jobs when they got married. Many members of the United Left Alliance, ULA, are being opportunistic, as they do not believe in their minds or their hearts that Ireland has not benefited from its membership of the EU. When we are communicating points such as this, we should not be afraid to say what we have gained.

Employment is the issue. The rate of unemployment in Spain is 22% and employment is the No. 1 issue in the minds of the French. It is the only issue for us. We are being distracted by the household and water meter charges. A job for every person who wants one is Ireland's most critical need, as is the case in many eurozone countries. Were I the Tánaiste, I would discuss what the Government is doing about jobs and how it is reducing the unemployment rate of 14.5%. Recently, Professor Honohan stated that it was twice as hard for Irish small and medium-sized enterprises, SMEs, to access credit as it was for companies in other eurozone countries. There are action plans for jobs and so on. As a close watcher of how we are dealing with the issue of unemployment, I do not believe that we are making a breakthrough. It must be addressed.

We should draw attention to other factors. For example, we initially received so much foreign direct investment, FDI, because we provided access to the EU. Our continued attractiveness relates to the fact that we are enthusiastic members of the EU. It presents indigenous companies with the opportunity to export. In both cases, exports create employment.

Fianna Fáil supports the Government, but I suggest with humility that the EU's importance to Ireland be conveyed to the people. At a time when there are major issues to deal with, we are being dragged down by the issues of household charges and water meter charges. The country wants to be led and energised so that it can compete. We want the Irish people to be positive partners in the EU. They should not listen to opportunistic negativism, which I have listened to in recent days. I am not referring to Sinn Féin. We have heard members of the United Left Alliance. What they are talking about sounds to me like communism.

I welcome the Tánaiste and his team to the meeting. I wish to refer to three points. First, the conditionality requirement means that in order for us to access the European Stability Mechanism, ESM, we must ratify this treaty. Some have criticised this aspect of the treaty. The ESM is a fund to which Irish taxpayers will be contributing out of money raised within this country in the coming years. If people in other countries are accessing funds provided by us it is in our interest that certain requirements be met. Concerns regarding the operation of the ESM could fade away if people realised that what is being talked about is our money and that other countries might have access to it. We are saying that if other countries want to use that money they must meet certain criteria with regard to it.

Second, with regard to what is going on in the eurozone, the Tánaiste acknowledged that we are not fully out of the woods yet. Unfortunately, due to forces beyond our control, the eurozone could end up back in the woods again very quickly. A number of things are going on in other countries outside Ireland's sphere of influence that could trigger the kind of difficulty the eurozone found itself in at the end of last year. With that in mind, during the referendum campaign I will be stressing to my own constituents that in the face of such potential uncertainty Ireland is better off inside a system where we have a safety net than outside that system.

Deputy Mac Lochlainn referred to the big picture. The big picture for Ireland is first, that our banks could not borrow and second, that our country could not borrow. That was a huge contributor to the catastrophe we are in at present. The passage of this treaty offers the best option for preventing that from happening to us again. For that reason, it is in the interest of our people to ratify the treaty.

I welcome the Tánaiste and his advisers to the committee. Many contributors have said the treaty is not a solution but merely part of a package. It is not the answer but only part of it. That is a common theme of what we heard at a number of recent meetings. The Tánaiste said the treaty is aimed at a secure euro and that we need the treaty, among other toolkit measures, to copperfasten that stability in the euro area.

In his keynote speech at the Institute for International European Affairs on 9 February last, Deputy Micheál Martin said:

Quite simply, all of the evidence is that the agreed steps have not addressed the fundamental causes of the crisis. The flaws in the design of the euro remain untouched and therefore there is no reason to believe that we have seen the end of the sovereign debt crisis. Stricter enforcement of existing policies is an agenda which brings to mind Einstein's definition of insanity, which is to keep doing the same thing while expecting a different result.

I ask the Tánaiste to make a brief comment on those remarks. How is this treaty addressing the flaws in the design of the euro which contribute massively to its instability, given that we are being told the measures in the treaty are, by and large, already in existence? What are the other toolkit measures and what is the wider package that will be the solution? What else is on the table? The Tánaiste said he is assembling a toolkit. What exactly is being assembled?

First, let me take up the point made by Deputy Durkan. It is important that we clarify what is in the treaty and what it is really about. We can all have differing views about how effective the European institutions are and about political directions at any given time in Europe. The treaty is not about that. It is essentially about the euro. We must be absolutely clear about that. No one is arguing that it will correct all of the difficulties in the functioning of the European Union itself or in its institutions. This treaty is about the euro. As Senator White said, it is, critically, about the issue of jobs.

Much of the work I do as Minister for Foreign Affairs and Trade involves meeting with financial opinion makers, potential investors and the kind of people who influence investment decisions relating to Ireland. They may be people at government level or who work in business. In the past number of months, I have been struck by the degree to which they have stopped asking me about the health of the Irish economy. They have already got the message that the Irish economy is making a recovery and that positive things are happening. The big question they keep asking me - and you can almost see what is going through their minds in assessing whether to make a decision to invest in Ireland - is about Europe and the euro. That is their principal concern. I met many people in Canada and elsewhere in North America during St. Patrick's Day events and at the investment conference hosted by former President Bill Clinton. I have been in Japan and Korea on trade missions. One of the first questions raised is always about the future of Europe and of the euro. For people who make decisions about investment and about whether to locate in Europe, and if so whether to locate in Ireland, the big question is about where the euro will be. Getting stability for the euro is absolutely essential if we are to ensure the investment decisions that will ensure that jobs are created here. I agree with Senator White that there is a jobs agenda in that regard.

Deputy Donohoe asked about conditionality. I cannot understand those who argue that there should not be an ESM. The European Stability Mechanism is, essentially, the member states within the eurozone coming together and putting in place a pot of money that will be available if a particular state gets into financial trouble and to stabilise the euro. By any standard, that is a good thing and a good idea. It is a safety net for the euro and for members of the eurozone. If one has a permanent stability fund for the euro, it is inevitable that conditions would be attached to accessing it. I do not know of anyone who lends money without attaching conditions to it. The first and basic condition that is always attached to borrowed money is that one repays it. It is not unreasonable that the European Stability Mechanism would have conditions attached, including, as in this case, that one is signed up to implementing the rules of the euro through the stability treaty.

Deputy Donohoe picked up on my point that we are not yet out of the woods. Compared with the end of last year, the position of the euro is much more stable, but we are still seeing worrying signs. That is all the more reason to put in place the measures needed to secure the euro.

This leads me to Senator Reilly's question about what else is in the toolkit. The treaty copperfastens the rules that are already agreed for the euro. Essentially, that is what it does. Second, it provides a mechanism whereby those rules must be enforced and honoured by states. One of the problems which has led to the crisis is the degree to which some states wandered away from some of the rules surrounding the euro and the treaty provides that this cannot happen again. This helps to provide security for the euro. As to what else is in the toolkit, so to speak, the Taoiseach put jobs and growth on the agenda of the European Council and this agenda includes the measures to address the issue of youth unemployment and measures to ensure funding is made available for small and medium-sized business and the completion of the Single Market in areas such as the digital area. There are also the steps taken by the European Central Bank to make additional money available for the European banking system. There has been quite a degree of progress in this regard over the course of the past number of months. I refer to the firewalls being built to protect the euro. An essential part of the package is that the rules surrounding the euro will be honoured and implemented uniformly across the eurozone. Second, this sends out a very clear message to investors that the euro is safe. Third, the European Stability Mechanism is the safety net and the funding available for us, coupled with a growth agenda for Europe as a whole.

I propose a short question and answer session and I ask for a limit of one minute for each question and answer to allow as many contributions as possible.

I have a question about the ESM. People are not opposing the ESM but rather the conditionality or blackmail clause, as it is referred to, which was inserted. The Tánaiste referred to the reasonable expectation that conditions are attached to financial loans. The first draft of this treaty did not contain any such clause. As the negotiations progressed, interestingly, the clause was inserted into the preamble rather than into the text. I ask about the legality of a preamble in European law.

I notice the Tánaiste refers to the stability of the euro. Campaign strategy teams study the data from opinion polls. In Ireland, such opinion poll data shows evidence of a lack of confidence in the political leadership in how it is addressing the crisis and this is also the result in Europe. This data also show support for the euro currency. Therefore, the Government's campaign will include what is popular and what the people want and this is quite cynical.

I remind the Tánaiste that this treaty involves very draconian targets to be reached by the Irish people and it will involve giving external institutions the decision-making authority over our budgets. This has been the case already when the Bundestag had sight of our budget before this Parliament did.

I am doing my best to speak quickly as I have only a minute.

The Deputy has had nearly two minutes.

The Chairman is being very kind to me. We have been told that the six pack is not a big deal, that it is pretty much what we have and that the constitutional aspects are no big deal. Why then was the Tánaiste not happy with the six pack which his own Labour Party MEPs opposed? Why was he not content with the six pack? Why did we have to be asked to insert this into our Constitution? On this legal point, does he accept that there is a considerable difference between the status quo and being asked to include it in the Constitution? I argue such an inclusion would become a significant straitjacket in the future.

This treaty is about the euro-----

I suppose they have told the Tánaiste what to say.

The treaty is designed to bring stability to the euro and everybody personally understands this. The euro is not external to us; it is our own currency and it matters to all of us that it is secure, that it is strong and stable and that there is no doubt about it in the international markets. This is the reason for this treaty which will take the rules originally written when the euro was introduced and provide a means by which those rules will be uniformly implemented right across the eurozone.

I agree with Deputy Mac Lochlainn. The unfortunate situation in which this country finds itself is that we are in a programme with the EU, the ECB and the IMF. We have the troika visiting us every quarter to check our progress. The troika is here this week and next week. The objective of our Government is to say "Goodbye" to the troika. We want rid of the troika, we want out of the EU-IMF programme and we want to be able to stand on our own feet again. However, in order to do this, we have to ensure that we get our deficit down. Treaty or no treaty, programme or no programme, we would have to do this anyway because, as a country, we simply cannot continue to borrow €44 million every single day in order to meet our day-to-day expenses. That is what is happening.

I ask for clarification on the legal point.

There are other members waiting to contribute.

I ask the Tánaiste to elaborate on the constitutional and legal implications of a "Yes" vote.

If we vote "Yes", then Ireland will be enabled to ratify the treaty. That is the question being put to people. We will also be enabled to introduce the legislation to give effect to the provisions of the treaty.

I wish to make an important point.

No; there are three other members waiting to speak and I have given the Deputy four minutes.

I have asked this question three or four times and this is the fifth time.

I have given the Deputy four minutes. It is up to the Tánaiste as to whether he will respond.

I think we deserve an answer.

I will allow the Deputy but he should be aware that three members are waiting to speak.

There is no issue about this. The question is being put to the people. They are being asked to vote "Yes" to enable the State to ratify the treaty-----

To implement the treaty.

-----and to give effect to the legislation that will allow the treaty to be implemented.

To put the objectives and targets of the treaty into our Constitution.

No, that is not the case. There is a distinction to be made. I see where the Deputy is going with this question.

The text of the treaty is not being written into the Constitution. That is a misapprehension. What the people are being asked to do is to allow the State to ratify the treaty as with every other international treaty. We ratify treaties on a regular basis but we do not always require a referendum in order to sign up to an international treaty. If Ireland ratifies the treaty and that is approved in the Constitution, then Ireland will honour the treaty just as it honours every other international treaty.

That is clear and I thank the Tánaiste.

Some of the eurosceptics and opponents of the treaty have put forward the notion of the merits of the collapse of the euro. I ask the Tánaiste to comment on the implications of any such collapse for borrowings made by this country over the past number of years and what it would mean for sovereign debt. Mr. Declan Ganley appeared before this sub-committee last week. He said he had not made up his mind on how he will vote in the referendum. However, when asked whether, if this treaty had been in place ten or 15 years ago, it would have prevented the economic crisis, he agreed it would have prevented it. This opinion was dismissed by one of-----

Most of the economists.

Is Mr. Ganley God?

We pointed out that there was no box in which to select "maybe" on the referendum ballot paper. Interestingly, Mr. Ganley did say, much to the chagrin of some of our guests this morning, that if the treaty had been in place it would have triggered mechanisms to ensure the type of crisis Europe is currently facing had not occurred.

The reason everybody is using the word "stability" is not because of opinion poll research but because the treaty is called the stability treaty. In regard to the role of institutions and the oversight they might have in respect of national budgets, such a development is in our interest. I referred earlier to events that took place outside that control in other countries which blew us off course in the past and might do so again in the future. The type of set-up envisaged in the treaty should reduce the chances of that happening. The decisions that will be scrutinised are those which affect not only our own sustainability but that of other countries and of the eurozone as a whole. It is in our interest that such a system be put in place.

To pick up on Deputy Bernard Durkan's point, it is fair to say that if something like this treaty had been in place already it would have assisted the type of good housekeeping that is necessary to ensure there is stability around the euro. It is up to the people who talk about exiting the euro to say what the alternative is. Are they arguing that we should return to having a currency that is pegged to sterling? It does not require a great deal of argument that what is proposed in the treaty is in everybody's interest. We all understand how important it is that the euro in our pay packet is sound, solid and stable and is not subject to the type of uncertainty we saw last year. In addition, people understand that certainty and stability for the currency are important factors for investors when they come to make investment decisions. We live in a global economy in which Europe is only one of a broad range of potential investment locations.

Deputy Paschal Donohoe is absolutely correct that the treaty is called the stability treaty; in fact, it is the very first word in the treaty. It is about the euro, not about other issues. It is in our national interest and in our individual interests to ensure the euro is stabilised. This treaty will contribute to stability for the euro, which is why we are asking the electorate to vote "Yes" on 31 May.

Representatives of the troika are currently in town for the sixth quarterly review of the bailout programme. If we are to believe what is stated in today's newspapers, they do not intend to engage as they have done in the past with Opposition parties or the media. This is a retrograde step which might well be advanced by opponents of the treaty as a failure on the part of the of the troika to deal with us with the openness and transparency we had come to expect. In fairness to the representatives, they have indeed been open and frank on previous occasions, even to the extent that information has sometimes been provided which may have put the Tánaiste and other members of the Government on the spot. It is greatly to be welcomed that we should have an open and honest debate which leads to a better understanding by the public of how the programme is progressing.

Is there anything the Government can do to convince the troika representatives to resume that programme of dialogue? Such a resumption would be helpful, particularly in the run-up to the referendum but also more generally by providing an open and transparent discussion of the bailout programme and assisting people in discussing matters. The public has improved its knowledge of economics to an immense degree in recent months and years, in no small way as a consequence of the commentary we have had from the troika. When people are moved away from the limelight and put behind closed doors, one loses some of the impact of that capacity to communicate. This issue is particularly important in the context of the referendum but also in the wider context of ensuring people remain in tune with what is happening with regard to the bailout programme.

I invite the Tánaiste to respond to Deputy Dooley's comments and, if he wishes, to make some concluding remarks.

The troika's decision not to meet with Opposition parties in the course of the current review was a decision for the representatives themselves. It is not a decision that is influenced by the Government. To be absolutely clear, we have no objection whatever to the representatives meeting with Opposition leaders. However, I am aware that the representatives are conscious of the forthcoming referendum and do not wish to become involved in the associated political debate. As far as the Government is concerned, we have no objection to their meeting whomever they wish to meet.

As a concluding observation, the referendum should be seen in the context of what we are trying to do in terms of bringing about economic recovery. Twelve months ago we were in a deep economic crisis; we have made some progress in the past year. One of the issues that has been holding us back somewhat and has certainly influenced the potential for the Irish economy to grow faster than it has is the uncertainty around the euro. It is in our interest that the issue is settled and that there is continued stability in regard to the currency. That is important in terms of the money in our pockets but also in the sense that investors - those who create jobs - are in a position to make investment decisions. Moreover, part of our efforts to deal with our debt and deficit problems - which must be addressed in any case - is about getting the economy to grow, and that growth is dependent on the stability of the euro. For all of these reasons, it is in our own interest that we ratify the treaty. In the coming weeks I hope to see a good debate which continues to focus, as it has today, on what is in the treaty. This will ensure that people make an informed decision on 31 May.

I thank the Tánaiste and his staff for assisting the sub-committee. We very much enjoyed the frank and open nature of the question and answer session.

Sitting suspended at 3.40 p.m. and resumed at 3.55 p.m.

I welcome those present to this, the fourth of today's sessions. As everyone is aware, we are considering the reaction of Irish society to the treaty. We were addressed by Deputies Higgins and Martin and the Tánaiste, Deputy Gilmore, during our first three sessions. Coming before us in this session is Deputy Catherine Murphy, the Whip of the Technical Group in the Dáil. I welcome the Deputy.

I thank the sub-committee for the invitation to address it on an issue in respect of which we are all going to talk ourselves to death during the next six weeks or so. I am one of the 16 Deputies who form the Technical Group. Five of those 16 are members of the United Left Alliance but I am not. I wish to make it clear that I do not speak on behalf of the other Independent Deputies who comprise the Technical Group. I would expect, however, that there is a wide range of views among those individuals.

I have been asked to comment on the reaction of Irish society to the treaty. I do not believe that any of us can judge what is the level of support for the various positions that have been articulated in respect of the treaty. It will not be possible to make a call in that regard until after 31 May next. After all, even if we do not have control of our finances, the people remain sovereign. I have some very grave concerns with regard to the treaty. I would be very surprised if there is one person in this room who does not have such concerns. It is important to have a robust and honest debate about the merits of that on which we are being asked to vote. Several people have expressed a number of concerns about the treaty and I share these. I will, therefore, endeavour to outline these concerns, which I believe are legitimate, in an honest manner.

The explanatory memorandum to the Referendum on the Thirtieth Amendment of the Constitution (Treaty on Stability, Coordination and Governance in the Economic and Monetary Union) Bill states: "With a view to securing economic recovery and sustainable growth, the key provisions of the Stability Treaty relate to a strengthening of rules underpinning the Stability and Growth Pact agreed by EU Member States in relation to the euro currency." The memorandum also states that "its core aims are improved stability, coordination and governance in the Economic and Monetary Union". At face value, the treaty is a relatively simple document. Under a purely literal interpretation, its several provisions will certainly achieve increased co-ordination and governance. However, I am uncertain with regard to the level of stability it will provide in the longer term.

The various signatories to the treaty are not starting from the same point. Essentially, Ireland is coming at it from the perspective of having a debt which is unsustainable. Therefore, the various states involved are not equal contracting parties. That is important to note, particularly when we are discussing stability. When I consider the background to how this treaty came into existence, particularly in the context of the intergovernmental approach that was taken - an approach about which I am quite appalled - I come to the view that the treaty is in fact an insurance policy aimed at giving the core euro states insurance in respect of the loans provided to the peripheral states. There was a great deal of money around in the not so distant past and countries such as Germany were undergoing a different economic cycle. These countries made more money during the period in question by taking a risk on lending to peripheral states. Now, they want a mechanism to be put in place to ensure that they get this money back. The treaty involves guaranteeing the money loaned to peripheral states. In the case of Ireland, the treaty relates, in particular, to the money that was loaned to our banks which, in turn, loaned it to those in the construction sector and so on.

The states at the core of the eurozone are the ones that this treaty, if passed, will benefit the most. If it is passed, it will have profound implications for everyone in this country but it will impact most on people on low to middle incomes and those who are most dependent in our State. It will eliminate the prospect of debt write-down because it is a contract we are entering into. It imposes a set of rules which include financial penalties for not adhering to the formula. It puts a gun to the head of states who may borrow under the ESM. It is provided in the fiscal compact treaty that if we do not ratify it, we do not have the option to seek funding from that source. It is interesting that the French Socialists abstained on the decision on this treaty within their parliament on the basis of that very provision. It seems Germany in particular wanted these rules applied at constitutional level because it believed it would copper-fasten the provisions to ensure they could not be watered down in the future. If there is any genuine plan to deal with the debt crisis, we must at this point have debt write-down. There must be some certainty and we cannot have certainty about the euro unless we have that.

We must acknowledge that terrible economic mismanagement was at the heart of the crisis and that this happened not only in the peripheral states but also at the core. Germany and France were the first two countries to break the rules of the Stability and Growth Pact. Size matters and it mattered when we voted against treaties irrespective of what position people took. The recklessness was not unique to the periphery.

A market analyst said on a number of occasions recently that the fiscal treaty has become unimportant, that the markets are not paying any attention to it and that it was a political sop to Germany. However, if we include it as part of our Constitution, all future Irish legislation must be in keeping with the treaty and that includes money Bills, which will mean that the Minister for Finance will frame his or her budgets with the treaty - which is a fairly open-ended measure - at the core. The treaty has serious consequences and we must anticipate what they will be in the context of a potential "Yes" vote.

I wish to move on to some of the legal issues, as the wording of what we put into our Constitution is important. The composition of wording of the amendment, on which we are being asked to vote, is dangerous in that it elevates this intergovernmental treaty to a level that is equal to previous European treaties and, in that context, I have suggested an amendment. Arguably, those treaties created and ceded powers to a supranational legal organisation which is democratically accountable to its people. We shared our sovereignty. I supported the sharing of it on some occasions and I voted against treaties on other occasions. This treaty contains no such democratic oversight, which is particularly worrying given that it seeks to impose direct fiscal obligations on the State. I propose the deletion of the following words: "No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by the obligations of the State under that Treaty or prevents laws enacted, acts done or measures adopted by bodies competent under that Treaty from the force of law in the State". Under this treaty we are creating an intergovernmental organisation that is on a par with the European Union. In wording the amendment in the manner proposed, that is what we are doing. Our Constitution is slightly above such an intergovernmental organisation and the European Union, which would in effect be equal to each other.

I have serious concerns about the wording of the amendment. Simple ratification of the treaty, along the lines of the International Criminal Court Treaty, would be sufficient wording to achieve the Government's intent. I remain opposed to the treaty in principle and will vote against it. Nevertheless, I must query why the wording of the amendment is so explicit and why we are aiming to give it such superior elevation in our Constitution.

We should consider what the substance of the treaty means in practical terms. I am a great believer in examining the practical consequences of measures. The current general government deficit is of the order of 9.5% to 10% of GDP. We need to reduce it to close to 3% by 2015 and the Government has decided on the ratio of cuts to spending in terms of the way that will be achieved. That means that in the next four budgets we will close the gap between what we take in and what we spend by approximately €13 billion. I could be out regarding that figure but it is near enough. If we exit the current programme of external support, the provisions of the treaty would mean we would continue to make fiscal adjustments virtually at the same rate into the medium term.

I heard the Tánaiste state at the weekend that there are two very tough budgets to follow. It would be hopeful if we only had two tough budgets ahead of us. I say that with tongue in cheek, as people are looking for hope but I believe this treaty gives them no hope.

This treaty has profound implications for a country that is as indebted as we are. It has major implications for the way in which we seek to foster economic growth. Already, we have seen how restricted the Government was when it sought to bring in a jobs budget in that it was watered down to a jobs initiative. There was no wriggle room to deal with what is the fundamental issue here, that is, getting people back to work.

Exports are a natural means of generating growth for a trade-dependent country such as Ireland. Currently, we are relying almost solely on the export sector to grow the economy. That is not good enough. International markets remain weak. Yesterday or the day before, Spain's finance Minister admitted that the country had re-entered recession. Global demand is sluggish. I do not need to point that out to anyone in this room. The export-led recovery will not arrive quickly and while, undoubtedly, trade should make up an important element of Ireland's return to solvency, it cannot be the only element of the overall strategy. In saying that, I do not want to say anything in that respect in any way other than to endorse the efforts being made to try to generate growth in the global markets for Ireland.

We are locked into a fiscal adjustment plan that strips the Government of any means of stimulating the domestic economy. The treaty will extend that hardship well into the next decade. Over that period and under those circumstances, with what sort of an economy will we end up? We must think about that. If this plays out as it is stated in black and white, it will be dire. If we reach the 3% deficit target and we do not have the capacity to grow the domestic economy, the options will be down to a choice of two, namely, cuts in services and new and increased taxes. Moreover, this new treaty means that we must go beyond the 3% deficit and reduce it to 0.5%.

On the overall Government debt, under the terms of the treaty we will be signing up to reducing our debt to GDP ratio to below 60% by making the debt service payments one-twentieth of the excess in each year. Ireland's debt to GDP ratio will be 120% at the time when we exit the current bailout programme. Various amounts are being bandied about in terms of what that will amount to but even taking a conservative figure of between €3 billion and €4 billion annually, we can only anticipate the impact on this country in terms of where all the low hanging fruit has gone. It is not sustainable. Do I think it is desirable to have the budget in balance? Yes, I do. Do I think it is desirable to have a debt to GDP ratio of below 60%? It is absolutely desirable to have that. Do I think it will be achieved by this fiscal compact? Absolutely not. Those who say it is in our interest to balance our books need also to specify exactly what that means in real terms for people. When we say it is in our interest, or good for us, about whom, exactly, are we talking? The impact would be dramatically different for an old age pensioner and for a person on a very large salary. Our survival as a society will not be achievable with the fiscal compact. It is dishonest to sign up to something when we know we cannot achieve what is being asked of us in that contract. We cannot achieve it unless we get a debt write-down.

Our Minister for Finance was recently dismissed by the ECB when he sought to deal with the Anglo Irish Bank promissory notes. We had been told the remaining bondholders would be paid because there was a bigger prize. Where is it? There is certainly no obvious return for our compliance or our obedience. On behalf of the Technical Group I went to some of the briefings during the various stages of the fiscal compact work and at one of them I asked the Taoiseach if he had raised the issue of the unsustainability of the Irish debt. He told me the focus was on the euro and there was no mood for dealing with the problems of individual states. The focus was indeed on the euro but it must be acknowledged by even the most ardent supporters of this treaty that the interests of banks in Germany, France and the UK, the primary lenders in the creditor countries, are primarily served by this treaty. The outcome of this treaty clearly benefits them over and above the debtor states which are, in the main, though not exclusively, the peripheral countries. Spain and Italy are in serious trouble and France is not far behind. If we are looking for a European-level solution to this problem, at which level I agree it must be sorted, why are we not introducing institutional changes that would help to ensure we sort this crisis out and that it cannot recur? It cannot be a one-dimensional approach, as this treaty is.

Not only is this intergovernmental arrangement driven by and framed in the interest of Germany and France, which are the creditor countries, it is also driven by a conservative political view of the world. The vast majority of the Heads of State or Government in Europe come from a conservative or Christian Democratic background and this is reflected in this treaty. When something is added into a country's constitution it should have the benefit of longevity and be robust enough to withstand the kind of political and social changes that will happen over a protracted period. We are looking at this from a point in time dominated by a political philosophy. I believe that is the wrong approach for putting something into our Constitution.

The fiscal treaty is definitely a solution but it is not a solution for Ireland. I know that. It is a solution for creditor countries rather than debtor countries, for Germany and France as the principal creditors. It is a solution for the preservation of a particular economic philosophy. That was well articulated by a person whose work I have read a little of, the German philosopher, Jürgen Habermas. He stated that Europe has embarked on a kind of integration where intergovernmentalism takes the lead, which he calls "an arrangement for exercising a kind of post-democratic, bureaucratic rule". That sums up this intergovernmental arrangement very well.

The reality is there are consequences for voting "No" and we know that. However, there are consequences also for voting "Yes". Clearly, not being able to request emergency funding from the ESM is a major consequence and we must consider how that will affect us, both domestically and beyond. Just as we consider the domestic effects, however, we must also consider that it is not in the interests of the creditor countries for us not to be able to access credit. After all, they are lending us the money to pay them back. They are not lending us the money to pay for our public services but in order to get back their loan. There must also be scope to borrow to fund growth and to provide basic services and build infrastructure. There must be scope in this treaty for debt write-down.

I query whether, under this treaty, we will have any euro to spend within our domestic economy or on essential public services. We might achieve a more stable euro but for others, not for ourselves. We joined the European Union, with its evolving values and the evolving objective it has had since it was founded. It is underpinned by a certain set of values and objectives. These include: sustainable development based on balanced economic growth and price stability; a highly competitive social market economy aimed at full employment and social progress; a high level of protection and improvement of the quality of the environment; the promotion of economic, social and territorial cohesion; and solidarity among member states. Those objectives are underpinned by values such as respect for human dignity, democracy, liberty, the rule of law and equality. It seems that the collective member states have become a hostage to the money markets and have lost sight of the purpose and vision that underpinned the European Union. There has been an absence of a common vision and an absolute absence of leadership and of a common, workable solution. This is a one-dimensional approach and it is not a solution. It is very dangerous.

I thank Deputy Murphy. We have a number of questions for her, the first coming from Deputy Paschal Donohoe.

I thank Deputy Murphy for attending to share her thoughts on this treaty with the committee. I have a few points arising therefrom. First, there is nothing in this treaty that precludes debt write-downs occurring in the future. That is an entirely separate matter. This treaty could be passed and countries participating in it could, at some time, access debt write-downs. Whether that is attractive, likely, or whatever is one matter but to say that this treaty can preclude such write-downs happening in the future is wrong. Nothing in this treaty suggests that could happen, or the reverse.

Second, in regard to the Deputy's assessment of the negative consequences of the treaty being intergovernmental, it is not our choice that it is intergovernmental. The reason for its being that kind of treaty is that the states participating could not get the support of the United Kingdom in order for it to be a full instrument of the European Union; it was not set out with the objective of becoming an intergovernmental treaty. In her conclusion, Deputy Murphy stated this was set up for the benefit of the UK. To clarify, the UK is outside this arrangement, as I am sure the Deputy is aware.

She stated that, on the basis of it being an intergovernmental treaty, we need to create institutions, for example, to replace the International Criminal Court. I am a proponent of this treaty but if I were to state that what we want to do is to create new institutions the Deputy would be the very first person to attack me for making such a proposal. She would state we were creating new institutions that would be at the expense of national sovereignty. I apologise if I misheard the Deputy but if we were to create a new institution on the basis of the International Criminal Court very many people would stand up and claim there was no way that a new institution could be created without national sovereignty being attacked and eroded even further. This treaty is using the institutions of the European Union to implement an intergovernmental treaty. I would not like to see that happen. I would like to see a full European Union treaty implemented by the institutions of the European Union. The institutions of the European Union are implementing it, which is preferable to creating new institutions that will cost money at the expense of our national sovereignty.

Deputy Catherine Murphy made the point about future cutbacks but has not considered the cutbacks if we were not able to access a bailout fund or the financial markets or if we could only access the financial markets at a high rate of interest. Such cutbacks would be more dramatic and onerous.

The treaty is not being inserted into the Constitution. If passed, a number of items of legislation that are compliant and coherent with the Constitution will be passed in the Dáil. The exchange earlier between Deputy Mac Lochlainn and the Tánaiste explored this point.

Deputy Catherine Murphy suggested debt write-downs are precluded but nothing in the treaty addresses the feasibility of debt write-downs from a technical point of view. She also made a point about the intergovernmental nature of it, which is correct but that is not a desired objective. The treaty will be implemented via the institutions of the European Union. I emphasise the point to which Deputy Murphy adverted on where we will get money from if we are outside the bailout fund and the financial markets. I share the views of Deputy Murphy on the negative consequences of cutbacks but suggest they will be worse if we cannot access bailout funding or financial markets funding.

I welcome my constituency colleague before the committee. I have an interest in the outcome of the debate.

We all have.

Yes, but I also have a constituency interest. I will restrict myself to the points raised. To what extent has an exploration been made of how one can go to a lending institution seeking a debt write-down before putting in place proposals to repay some portion of the debt? Where is the precedent?

Germany is being presented as the bad boy, with all to gain from this, as if this is being done to facilitate the big lenders in France and Germany. Is it recognised that the economy in Germany took a considerable downturn arising from the reunification of Germany, which we all supported? As a result, the German people had to accept a considerable reduction in their standard of living and, as such, paid a huge price for reunification. At the same time, some of the rest of us in Europe were claiming to be among the richest countries in the world and spending as if we were. We must accept responsibility for that. Does Deputy Murphy accept the necessity to balance the national books and the current budget as a prelude to regaining our international economic independence and the generation of stability and economic benefit?

The other suggestion I do not agree with is that the reason institutions lend money to the Irish economy and other economies throughout Europe is to make profit and get it back. Unless there is something I have missed, there is no institution that lends money on the basis that it will not get it back and will not get some reward or recognition. As mere employees of the State, we expect to get something back for our efforts.

We have talked at great length and I fully understand the concerns of people. No one takes pleasure in the situation the country is in at the moment. No one can take the high moral ground on the basis that no one understands the topic except one person. We all know the situation we are in, which is extremely difficult. Is it not accepted that if there was an easier way out of the situation we are in, we would certainly strive to achieve it?

I welcome Deputy Catherine Murphy to the committee. Like some of the contributors, I do not necessarily agree with her viewpoint but I welcome her presentation, which is well put together. It reflects a view in society and held among some in the political sphere that there is another way. It is right and fitting that the committee gives due consideration to teasing out the points she makes. I will not go back over debt write-down, which has been covered.

One of Deputy Murphy's contentions is that this is a treaty about protecting the core European countries based on the fact that many of those countries' financial institutions lent money to countries on the periphery, such as Ireland. I have some sympathy with that viewpoint, which has not been adequately addressed at European Council level. There appears to be a desire by the larger member states to protect but that is not at the genesis of this treaty. Even if we set aside the enormous banking debts, there is a deficit between what we take in as income and what we spend and we need rectification measures. If one gets into the history of how we got here, the common mantra is that it was the builders and the bankers, weak regulation and a poor approach to managing the interface or interaction by the Government. People of Deputy Murphy's viewpoint, from what might be considered the United Left Alliance that is part of the "No" campaign even though she is not a member of it, often gloss over the fact that the Government lost control of public spending and its capacity to tax. From a political point of view, no one wants to say that because the corollary is that Deputy Murphy is in favour of reduced public spending and increasing taxes. That is a hard thing for any politician to accept. I have come to accept that Fianna Fáil in government had a lax approach to public spending and a narrowing of the tax base that brought us to a situation where, in more normal economic activity, we are left with a deficit position.

Leaving aside the banking situation, the economic situation must be addressed. The fiscal compact sets down a rigorous regime to prevent that happening in future, regardless of who is in power. From that point of view, it is welcome. The decisions taken, not just in Ireland, in terms of losing sight of a balanced budget have led to a situation where the stability and continuation of the euro was put in jeopardy by the culmination of that policy. The argument is hijacked by an over-reliance on explaining away what happened with the banking crisis and failing to examine what happened to the tax and spending regime within European economies. The latter is what the fiscal compact is about, rather than protecting the reckless lending institutions, which should take a significant haircut. However, I can understand the lack of desire in the ECB to do so at this time when there is so much uncertainty. Any such decision could have the capacity to seriously affect the euro.

The core of the message I got from the rest of the presentation is that the solution to this crisis is to achieve growth, create jobs and continue our exports. That becomes more difficult if we have a torched landscape across Europe where there is uncertainty in terms of the euro and the future direction of the entire euro project. While the Deputy's paper is interesting and contains many well argued points, it lacks some of the other important points which I have addressed.

Some of the parties have been campaigning for a "Yes" vote here today and what we have heard from some of the witnesses who have come before the committee is that there is no real enthusiasm for the economics of this treaty. There is no pretence on their part that there is any solution to our economic crisis in this treaty. We must focus on two issues, the first of which is the conditionality regarding the European Stability Mechanism into the future. The second is the latest suggestion that what we will insert in the Constitution if we vote "Yes" is not a big deal, that it is just a clause and is almost a sophisticated version of "cute hoorism". The Deputy and I would share a left of centre and social democratic perspective in terms of the way Europe should develop and many people in Ireland who share that perspective will be examining those two issues with genuine concern, although perhaps with some ease in terms of the second point.

The Tánaiste came before the committee earlier and confirmed that the Government will not bring forward the legislation on the European Stability Mechanism before the people have a vote. He said that is the right thing to do, and we would agree with him on that, but if the people vote "No" there is a basis then to engage with Europe and state that the Irish people have concerns about the implications of this measure in the long term, particularly after the years of austerity we have just faced and will face in the future - that they want to work in co-operation with their colleagues in the eurozone and be part of the European project but they have democratically exercised their right to say this is going too far and therefore it should remove this conditionality. Ireland holds a veto under Article 136 and it is welcome that in a sense that shadow no longer exists. Our Government can defend the interests of the Irish people if they exercise their right to reject this treaty. I would like to hear the Deputy's views on that.

The second point is on the issue that, in fairness, the Tánaiste clarified today, namely, the suggestion that we would not have to implement the treaty but simply get permission through the Constitution to ratify it, as if ratifying the treaty does not mean we have to implement and honour it. We have clarification from the Tánaiste today on that but I would like the Deputy's views on that. Obviously, the Sinn Féin, Independent and left TDs will be communicating our arguments to people on the progressive left and those are the two issues I believe they are concerned about or that give them a reason to vote "Yes".

There are quite a number of questions for Deputy Murphy.

Yes. First, I accept that if we pass this treaty it does not preclude having a debt write-down at some point but we are signing a contract and if one signs a contract - and we saw it with the upward only rent reviews, for example - under contract law one is asking people by way of a referendum to agree on something. It is a fairly powerful stick with which to beat someone. The man from the European Central Bank who was here last week spoke about the notion of our looking for a write-down on the promissory notes and was dismissive about that. The message that came across to me was that all of the debt that has been acquired was entirely of our own making and, essentially, we must pay it back. That is the view that appears to be coming from the European Central Bank. It is noticeable when one meets with the troika that there are three distinct elements to it. The IMF was always used as the bogeyman but is probably the one most amenable to coming up with a solution.

The veto was incredibly important to people in passing the Lisbon treaty. Posters were erected about maintaining the veto. There is democratic control in terms of this treaty, and none of us can be happy about that. Groupthink was talked about in terms of many of our problems that happened in the past. Even if the committee disagrees with the views some of us put forward today it is important that we have that exchange.

An issue I am incredibly concerned about is that democracy is outside this intergovernmental treaty. The committee is saying it will have the benefit of the institutions of the European Union but this intergovernmental arrangement is an entirely different body. None of us has an easy answer in terms of how we will reduce the deficit and deal with the long-term debt. I am not saying I have a magic wand in that regard and tough decisions will have to be made but if we adopt this treaty and look back on it ten years from now we will see that it was used as a stick with which to beat us. If it is applied to the letter, we will be in a ruinous position. No one could argue anything other than that.

There are many positive voices in Germany. I made a point of quoting Jürgen Habermas, whom I have quoted on a number of occasions, in regard to an alternative view on Germany. Not every German speaks with the one voice in terms of what is being sought here. What is happening here, and it is very dangerous for the European Union, is that there is a hardening of positions regarding who are the good guys and the bad guys in Europe. We had got to a point where there was a European Union of equals but we are risking something fairly significant in breaking that solidarity which was built up over a very long time.

To reply to Deputy Dooley, not every country had the same way of organising its economy as we have had. I agree with him that the management of the economy was to simply throw away money when it was available. That attitude that we had the money to party and therefore we would party was criticised. Deputy Durkan is a constituency colleague of mine and I do not need to remind him------

May I make a point on this?

Will Deputy Murphy accept an intervention?

Deputy Murphy's characterisation is different from mine. I would argue the Government - I know this hurts it greatly - is finding it difficult to maintain the level of investment in many good social initiatives in education and special needs assistants and in the effort to try to take people out of the poverty trap through social welfare and children's allowance. It is in this context I speak about the increase in public spending. Of course I know there were one-off vanity projects about which we have been kicked and will be kicked forever and a day, whether it be e-voting machines or the equestrian centre in Deputy Murphy's constituency. Let us not get hung up on such issues because they are one-off. It is the recurring revenues that make it very difficult to maintain.

There was great dependence in this country on property taxes. It is fairly evident at this stage that many things were paid for from a fund that was not a sustainable form of taxation. Not every country would have organised its economy like this so we should not speak exclusively about Ireland being the same as other countries because we were not.

I want to go back to what Deputy Donohoe said about the legal point I made on what we are putting into the Constitution. I used as an example the very simple wording used with regard to ratifying our involvement in other institutions. The wording we have selected to put in the Constitution is on a par with the wording used for three European treaties, including the accession treaty and the Maastricht treaty. We all accept a European treaty is far more substantial than this intergovernmental treaty. A European treaty is multifaceted with various dimensions whereas this is one-dimensional and does not take into account social consequences or other values such as democracy. I have a principled objection to this anyway, but the wording selected is dangerous and a simple ratification would have been less problematic for us.

I have a little bit of form on dealing with the wording of constitutions. I am not against the Oireachtas holding inquiries, but the wording selected for the referendum on this issue caused it to fail. Every dot, comma and word selected will have a meaning in the Constitution. I am concerned about the wording selected which is why I suggest wording less equal to that used for European treaties would have been less damaging.

Will Deputy Murphy accept an interjection?

Does Deputy Murphy accept this would leave the treaty or our interpretation of it open to challenge on constitutional grounds because the proposal might not have included or encompassed within it the full implications of what the treaty is about? This could leave it open to somebody, well-meaning or otherwise, to decide that while it might be a good idea on which we all agree, the way it is put may be constitutionally unsound.

One is told all of the provisions of the Constitution must be read in harmony. How can there be harmony when something is elevated by virtue of the terminology used? The Constitution states Ireland is a sovereign, independent and democratic state. The wording suggested, and the treaty, conflict with this. We are handing over something to an organisation that does not have any democratic oversight as a matter of right. Putting it in the Constitution will have very serious consequences. I argue the wording used makes it worse because it elevates it to a par with the European institutions which have democratic oversight. This is a very important point. The wording of the Constitution is incredibly important. I do not want to labour the point, but the wording of this is dangerous, which is part of the reason I have tabled an amendment which will be debated in its own time. I do not know whether many amendments have been tabled,

To deal with the point raised by Deputy Mac Lochlainn, the veto gives us comfort about ceding our sovereignty. Obviously we have a veto when it comes to the ESM, which must be a European mechanism as otherwise the European institutions cannot be used. I do not know how it would be played out if there is a "No" vote, but I suspect other voices will be heard in Europe and we are beginning to hear some of them. The former justice minister of Gerhard Schröder's cabinet in Germany argues the treaty crosses the line as it undermines the competences of national parliaments to decide national budgets. She also complains about the lack of democracy. We are not the only ones who have concerns about these matters. We do not have a crystal ball and we do not know how other countries would view this, but alternative voices will be heard as the treaty is debated throughout Europe.

We should be incredibly concerned about the lack of a democratic core to this. We may well have lost our ability to fund ourselves and have a very sizeable deficit and borrowings, most of which is private debt, but this does not mean we are not a sovereign State. We are a sovereign State. The troika of the ECB, the IMF and the European Commission was at pains to point out to us that it would not dictate to us because we are a sovereign State. We must hold on to what bit of sovereignty we have and I believe the treaty cedes other elements, apart from economic elements, of our control over ourselves. The right of the people of the country to determine who rules them will be ceded by virtue of the fact we are ceding control to people with no democratic mandate.

I thank Deputy Murphy. On behalf of all committee members I thank her for sharing her views and engaging in a detailed question and answer session with us.

I remind colleagues that tomorrow's meeting commences at 9.45 a.m. During the first session, which will run for an hour and a half, the sub-committee will be addressed by Mr. Jimmy Kelly and Mr. Michael Taft from Unite, Dr. Brian Lucey from Trinity College Dublin and Ms Megan Greene from Roubini Global Economics. We will break at 11.15 a.m. for 15 minutes following which Professor Gerry Whyte, Trinity College Dublin, Mr. Seán Murphy, Chambers Ireland, Professor Terrence McDonough, NUI Galway, and Dr. Andrew Storey from University College Dublin will address the sub-committee. They will be two interesting sessions. I encourage members to get a good night's sleep tonight.

I will be unable to attend the early part and, possibly, the end of the first session.

I will be unable to attend either session as I will be attending the funeral of Deputy Pearse Doherty's father, who is being buried tomorrow.

I did not realise that.

The sub-committee adjourned at 4.50 p.m. until 9.45 a.m. on Wednesday, 18 April 2012.
Top
Share