Skip to main content
Normal View

Seanad Éireann debate -
Wednesday, 18 Dec 1968

Vol. 66 No. 3

Imposition of Duties (Confirmation of Orders) Bill, 1968 (Certified Money Bill): Second and Subsequent Stages.

Question proposed: "That the Bill be now read a Second Time."

An explanatory memorandum has been circulated for the information of Senators.

The purpose of this Bill is to confirm five orders made during 1967, under the Imposition of Duties Act, 1957, and the Finance Act, 1962. It is a statutory requirement that such orders must be confirmed not later than the end of the calendar year following that in which they are made, if they are not to cease to have statutory effect at the expiration of that period.

Order No. 161 provided for an increase in the minimum specific customs duty from 12s 6d to £3 each on certain pneumatic tyres imported from countries other than the United Kingdom. This action was necessary because, with the termination of global quota restrictions on tyres on 1st July, 1966, imports of these goods had increased considerably and were threatening the Irish industry. With the agreement of the British authorities, quota restrictions were imposed on United Kingdom tyres at about the same time.

Order No. 162 changed the licensing provision attached to the duty on manually operated lawn-mowers so as to permit the issue of duty-free licences for the importation of these goods, which are not now manufactured in this country.

Order No. 164 was made by the Government on the recommendation of the Minister for Finance. It provided for the second tariff reduction on goods of United Kingdom origin in accordance with the terms of the Free Trade Area Agreement; the maintenance of the special tariff concessions in favour of goods of Northern Ireland origin; the exemption from revenue duty of cameras which are designed solely for medical or surgical purposes and certain minor editorial changes in the form of Customs tariff to take account of amendments to the Brussels Nomenclature which had been made by the Customs Co-operation Council.

Order No. 165 provided for certain duty concessions on imports of completely knocked down and fully built-up motor vehicles in accordance with the scheme for the motor assembly industry. The purpose of this scheme, which was agreed with the manufacturers and assemblers of British motor vehicles, is to ensure the continuation of the Irish motor assembly industry at its present level at least, on a long-term basis.

Order No. 166 was made by the Government on the recommendation of the Minister for Finance. It provided for the implementation of certain tariff concessions arising from the Government's accession to the GATT; the elimination of the duties on lignite and coke which had no protective effect and the attachment of the licensing provision appropriate to ordinary protective duties to a number of minor revenue duties—certain sugar articles, starch and dextrin, bottles and jars, and unprinted paper—which were no longer required for revenue purposes but had a protective effect and to some duties which had a restricted licensing provision limiting the issue of duty-free licences to goods intended for use in a manufacturing process or for the equipment of an industrial undertaking. The ordinary licensing provision permits the issue of duty-free licences in respect of goods which are not manufactured in this country. I shall be glad to give any further information required in connection with the Bill.

An Leas-Chathaoirleach

An amendment in the name of Senator Garret FitzGerald has been put down to the Second Reading of this Bill.

I move amendment No. 1:

To delete all words after "That" and to substitute: "Seanad Éireann refuses to give a Second Reading to the Bill, inasmuch as it involves implementation of the Anglo-Irish Free Trade Agreement, until such time as an equitable revision of that agreement has been negotiated by the Government."

I should like, first of all, to ask a question on a matter which is related to one of the orders under the Bill and which is related to the position of Irish Dunlop's. The order provided for an increase in duty on goods imported from countries other than the United Kingdom and I should like to ask the Minister to explain what the quota position is in respect of tyres from Britain. My recollection is, and it may well be at fault, that this was introduced 18 months ago to permit us unilaterally to impose tariffs on British goods for a period of 18 months where it might appear that a disturbance threatened our industry but that after that 18 months' time limit any further such provision required the agreement of the British Government. Various alternatives were proposed in regard to how further provision may be made by agreement. If I am right we are approaching the time limit when our power under the agreement—in so far as the agreement still stands after Britain's breach of it—to maintain this quota protection is coming to a close, when this protection we provide will have to be withdrawn unless the British Government agree to its continuance, that is assuming, as I said, that the Government consider the agreement to be still in force after Britain's breach of it, which I gather from the Government's attitude today they do.

Am I right in thinking this 18-month period is drawing to a close? What steps have been taken in this matter? Is it the intention that this protection should be allowed to lapse? Is the position of Irish Dunlop now such that it no longer requires this special protection; or, alternatively, is it the position that Irish Dunlop still needs protection of this kind? If so, have the Government approached the British Government in this matter and what response has been received? These are questions to which we need answers and the workers in Irish Dunlop must also be concerned to know what the position is. We take this opportunity of having this matter clarified as it arises out of Order 161 which we are being asked to approve.

The purpose of the Fine Gael motion is to enable us to discuss the Anglo-Irish Free Trade Area Agreement. Even before the British breach of the agreement, I had contemplated, since the spring, putting down a motion to discuss the agreement and was deterred from doing so only by the fact that there were so many motions already down for discussion, that there was no point in lengthening the list at that stage. However, I believe there is a strong case, and has been for some time past, for reviewing the position under the agreement. We are entitled to get from the Government their balance sheet of the gains and losses, their assessment of how the agreement has worked out, their assessment of the difficulties we may face in the future, and what we have never had during the original debate or since, their assessment of its impact on the Irish economy.

The debate in the Dáil was, in that respect, an extraordinary one. The Government presented the agreement to the House. It listed certain benefits it had secured. It naturally played down the losses which would be incurred, the aspect of the agreement which involved our making concessions. It is understandable that the Government should present the agreement in the most favourable light but at no stage did the Government produce any assessment of what the overall effect of the agreement would be.

I do not think the Dáil should be asked to approve of an agreement of this kind which is liable to have a significant effect on our balance of payments and on our economy without having any idea—and we still have no idea—of what the effect of the agreement will be. Any Government presenting an agreement to the Houses of the Oireachtas for approval should, as a matter of common sense, give to the Houses of the Oireachtas its assessment of what the effects of the agreement will be.

I endeavoured to remedy this deficiency and to help the Government in the matter by producing, a few days before the debate, a series of articles in the Irish Times in which I think I gave a detached and informed assessment of the gains and losses under the agreement. That assessment has not since been challenged. Some parts of it were based on the Government's own assessment of certain parts of the agreement, where information was vouchsafed. I would have thought the Government would either have accepted my assessment or controverted it where it was inaccurate. What I produced was based on Government documentation of some kind or another: the Government's own Second Programme projections, the Government's assessment of the effect of agricultural changes. I did not invent anything. I extrapolated, in a detached way, from available data to give a fair picture. Indeed, where there was any margin of doubt, I gave full credit for any advantage, even when I did not fully believe the Government's own estimate in this respect. My presentation was not alone detached but was, I believe, weighted in favour of the Government at certain points. However, that is a matter of opinion; the Government may take a different view. What was unexpected was that the Government should have ignored completely the opinions presented and, when they were brought to their attention, dismiss them as coming from the Opposition and, therefore, of no value. I regard this as insulting, on the one hand, and irresponsible, on the other.

I think we are entitled at this stage again to press the Government for its assessment of these gains and losses. The information in the Government's own publications, such as the Second Programme, and the consultations with industry that have been carried on since then, clearly point to a balance in the agreement which is enormously disadvantageous to this country. The Government cannot just dismiss that merely as somebody's estimate. It is something which requires an answer. If there is disagreement on the points I made, opposition to those points should be based on reasoned argument such as I used in putting them forward. It requires a statement as to which of the assumptions and calculations I made are incorrect. If the Government fail so to controvert those assumptions and calculations, then the picture put forward in those articles, so far as I am concerned, stand, and the figures I gave stand as the best available assessment of the effect of this agreement. If the Government are not prepared to put forward their own figures, they are not entitled to dismiss the figures I presented and treat them as if they did not exist.

They are only estimates. You cannot rely on estimates, according to the Minister for Finance. That I find hard to credit—that any estimate of the future is useless and, by implication, that the Government themselves never made any estimation of what the effect would be. If this were the case, it would be an act of unique irresponsibility to sign away the future of parts of Irish industry without even trying to assess whether the gains would outweigh the losses. However, that is the implication of the dismissive remarks of the Minister for Finance on this subject. I take it that he was trying to get out of a difficult situation. I take it that the Government did make estimates and that they exist in the Government files and that, if we are not given the particulars now, we shall know the truth within a year or so. I take it also that the estimates must show an unfavourable picture because, if they showed a favourable picture, the information would have been given by now with a flourish of trumpets. The Minister ought to give us some answer on this today. So much for the general introduction.

I want to turn now to what has been termed the breach of the agreement by Britain and to our Government's handling of the situation. There has been some confusion as a result of remarks by the Taoiseach in a statement he issued in the weekend immediately afterwards. There have also been some misconceptions about Fine Gael's position in this matter. I trust my reply will clarify the Minister's mind lest he had not the opportunity of reading the relevant extracts from last week's debate. The Fine Gael case is that the British Government, in taking the action they did, breached the letter as well as the spirit of the agreement. This should be clear because the agreement is specific on this point. If, however, it is in dispute, if the Government think I am wrong in saying this, I shall be glad to hear from them because my reading of the terms of the agreement suggests that there can be no doubt on this matter.

Article 18 (1) of the agreement provides that notwithstanding any other provision of the agreement, either party may, consistent with its other international obligations and interests, introduce quantitative restrictions on imports for the purpose of safeguarding its balance of payments. A "quantitative restriction" is something that directly effects the quantity of goods coming in. It says you cannot bring in more than a certain amount. Any measure of restriction taken, involving fiscal and financial charges, will affect indirectly the quantity coming in. The word "quantitative" is designed to limit the restrictions concerned to those designed to have a direct effect on the quantities imported. This is clear from the definition in Article 24 where "quantitative restrictions" is defined as prohibitions or restrictions on imports or exports whether made effective by quotas, licences or other measures with equivalent effect. Unless the Minister suggests "other measures of equivalent effect" means ones that are fiscal or financial in character, it seems to me there is a clear breach of the agreement. "Quantitative restrictions" means licences, quotas and other similar measures. If the Minister is suggesting any other restrictions he (1) makes nonsense of the agreement because the introduction of "quantitative" becomes meaningless and (2) he signed the agreement knowing that the British or international interpretation of this phrase meant that any restrictions of any kind could be imposed and the Dáil was not informed of the fact.

I find it hard to believe that the Minister, had that been the case, would have been so dishonest as not to inform the Dáil of so extraordinary an interpretation of "quantitative restrictions". It seems to me that the interpretation is clear and that the attempts of the Government to cast doubts on it have seriously undermined our position in this matter. Such references by the Government could be justified only if in fact, it is the case that "quantitative restrictions" means any kind of restriction, that the Government knew it all along and knew it when they signed the agreement and that the Government told the Dáil about it. I find it hard to believe that the Government dishonestly withheld the information from the Dáil, that a person of integrity such as the present Minister, whom we all respect, would do such a thing. I find it hard to believe that it will be asserted that this does not mean what it appears to mean— that there has been a breach of the letter of this agreement.

I do not think that any amount of verbal twaddle and verbal fencing will get away from the fact that the Taoiseach, before he went to London, had said that this was a breach of the spirit of the agreement. Nobody in authority can make that kind of statement without immediately being aware of its full meaning and implications. What kind of discussions could there have been in London in the light of the knowledge there that the Taoiseach had said the British action was in breach of the spirit of the agreement? London would say: "You clearly imply it is not a breach of the letter of the agreement but of the spirit." What else would the British have said, after the public statement that it was a breach of the spirit of the agreement? What else would the British have said, having read the public statement that it was a "breach of the spirit" of the agreement? It was a disastrous blunder on the part of the Irish Government. It could be explained only by the fact that the Taoiseach went to London with no confidence of securing any agreement by the British to adhere to the terms of the agreement, that there was no expectation of doing so and that his London visit was a window-dressing operation. Is this the case the Government have to put forward? We require a full answer from the Government as to the position. They should not be allowed to get away with a statement in the press as to the manner in which recent British action has affected the issues of the Anglo Irish Free Trade Area Agreement.

Is it the view of the Taoiseach and of the Minister then, that the British action is in breach of the letter of the agreement? If so, what possible justification can there be for the statement of the Taoiseach? Can the Minister for Industry and Commerce, who is present here today, give us a full picture of where the Irish Government now stand? He may say that it might damage our negotiating position but, from a Government which has made such a blunder, that former position can no longer be said to exist. The more we, on this side of the House, press the Government on this issue, the more uncomfortable it is for the Government from a domestic point of view but the better it will be from a negotiating point of view. This is something which the Government accepted in the other House and then went back upon.

That is not correct.

At column 2725 of the Official Report of 12th December, 1968, volume 237 No. 15, Deputy Sweetman is reported as saying: "The stronger the case the Opposition make, the easier it will be for you to negotiate," to which Deputy Colley, the Minister for Industry and Commerce, replied: "I shall not dispute that." Deputy Colley, the Minister, subsequently went back on that and said that the debate was an embarrassing one. Then Deputy Sweetman intervened to point out that the Minister, Deputy Colley, had already acknowledged the value of the debate a little while earlier saying: "On the contrary, and the Minister acknowledged that a while ago in response to an interruption of mine." The Minister may have forgotten that he had expressed the opposite view a few minutes earlier and was, perhaps, caught on the hook.

If the Senator is referring to what was said he should give the exact quotations in the two instances.

Certainly. I have already given the references and the exact quotation in the first instance. The column reference for the second quotation is 2730 of the same volume and No. of the Official Report of 12th December, 1968. I do not want to go further back than is necessary, for the sake of quotations, because there are a number of interventions. Deputy Lynch, the Taoiseach, if I understand it right—it must be the Taoiseach——

It is the Taoiseach.

Yes, it is the Taoiseach. The pronouns are a little difficult to follow. The Taoiseach—

He did not say that. He said the House had spent a great deal of time recently on an economic debate. He did not say I think—though he might have—that this is not the most timely debate we have ever had in this House, and when Fine Gael have finished congratulating themselves on their attitude on this they might consider that aspect.

Mr. T.F. O'Higgins: What did the Minister say?

Mr. Colley: I said this is not the most timely debate we have ever had in this House.

Mr. Sweetman: On the contrary, and the Minister acknowledged that a while ago in response to an interruption of mine.

Mr. Colley: I did not.

Mr. Sweetman: I do not expect the Minister to admit that with love and kisses.

The debate then took another turn.

I am satisfied so long as the quotation is given.

I see. I am satisfied to have given it. It is a very happy situation for both sides of the House to be satisfied! It seems to me it is right we should expose this position. It may be domestically embarrassing for the Government to have their incompetence exposed in this matter but, the more pressure they are under, the more likely they are to engage in something successful, even at this late stage. It should be made clear to the British Government that, if they regard the present Government as a soft option for negotiation—and that is the picture we get from this agreement— Fine Gael in office will take a different line and will not be so easily talked out of protecting the position of this country.

A second aspect of the Taoiseach's actions after the breach of the agreement by the British Government, has been criticised, although this is a more debatable point. The first point does not admit of any debate whatever. The second point is debatable.

Perhaps the Senator would be good enough to tell us the Article that has clearly been broken? He told us the Article that has not clearly been broken.

I am sorry. I thought I had done so. The Article is Article 18.

What part does the Senator say is broken?

I am willing to repeat myself though I hoped that would be unnecessary. It is Article 18 (1) which permits the introduction of quantitative restrictions.

It says that neither Party should apply fiscal restraints. Is that not right?

I read it out. I shall read it again:

Notwithstanding any other provision of this Agreement, either Party may, consistently with its international obligations, introduce quantitative restrictions on imports....

That is right. That is not broken. Quantitative restrictions have not been imposed in this case.

We seem to be at cross purposes. This Article is the one and only Article which allows any exemption from the provisions of the agreement under which trade is free and existing provisions to trade are introduced.

There are no quantitative restrictions. Perhaps, the Senator would be good enough to give us the particular Article.

If the Senator is on that quibble, the agreement is a free trade area agreement in which, under the earlier Articles, if the Senator has read the agreement, he will find that various restrictions are to be eliminated and other restrictions not to be imposed under these various Articles, particularly Article I, and the only exception to that is Article XVIII. If the Senator likes to have a little legal quibble he can be more than happy in having it, but I do not think we need waste the time of the House.

The Senator is interpreting in his own language the legal meaning of the agreement.

If the Senator wishes, we can go through the agreement, Article by Article, under which trade is freed and bound to be free. Article XVIII is the only exception. It was not applied on this occasion and, because it was not applied, the British are in breach of the agreement.

Would it be of any assistance to the Senator if I say that, in replying to the debate, I have no intention of trying to reply to the arguments put forward by the Senator as to whether or not this is a breach of the letter of the agreement, for reasons which, I hope, will be obvious and which I will deal with when I am replying?

Certainly. The debate was slightly taken off course by this back bench attack.

Not attack.

Back bench quibble.

An Leas-Chathaoirleach

This debate is deteriorating to a point which would not be permissible even on Committee Stage. I would ask Senator FitzGerald to resume his discussion on the amendment and I would ask Senators generally to allow him to proceed.

The position is clear. The agreement has been breached. The only Article that might permit a let-out is not applicable. I thank Senator Nash for having helped to clarify that point.

The second aspect is the question of the deposit arrangement. The Government have been congratulated—I think properly—on the speed with which they introduced this deposit arrangement and if this arrangement, as the Governor of the Bank of Ireland said yesterday, is satisfactory despite the British ban announced yesterday on other rather similar type arrangements, the Government are to be doubly congratulated on having secured this protection. But the congratulations are somewhat limited in scope because what one is congratulating the Government on, is that, given that the British Government breached the agreement and our Government did nothing about the breaching of the agreement and given, as a result of that, that we are in the position in which Irish exports could be affected by this breach, then the Government at that late stage in the chain of events acted properly to protect Irish exports, at the cost of the Irish Exchequer, a cost the Exchequer should not have to bear because of a breach of the agreement by Britain. Within these limits, the Government acted properly at that point. But they are limits.

There is an issue which should be discussed in regard to the timing of the deposit arrangements. The Government made the announcement very swiftly, having made the arrangement very swiftly. The reason was, I think, because of the imminent danger that certain export orders might be cancelled unless something was done to assure importers in Britain that the deposit problem would be solved. Faced with that problem the Government acted quickly and announced their decision quickly. It remains to question whether it was wise to announce the decision at that time. It seems to me the Government believed that the British Government having breached the agreement, intended to go on breaching it and that their bargaining position was so weak they just were not prepared to test the legality, or otherwise, of the agreement before any international tribunal and the visit to London would be nothing more or less than a face-saving device. Given that that was the intention and that the visit to London would be of no practical importance, because the Government were not going to fight, then the announcement of the deposit arrangement was justifiable as holding it up for a few days would undoubtedly mean a loss of export orders.

The visit by the Government to London was a face-saving exercise since the Government were not going to stand on the agreement and challenge the breaching of it. If there had been any intention of enforcing those parts of the agreement which offered protection, or of re-opening the whole agreement in view of the imbalance and the dangers with which that imbalance threatened the country, then they should at that stage have withheld the announcement of the deposit arrangement for a few days, even if some export orders would have been lost during that interval, because so much was at stake. The future of industry at large was at stake and here we had an opportunity of modifying, perhaps, this most unbalanced agreement in our favour because the British had—we may even say fortunately— breached the agreement and gave occasion to have it reviewed. If the Government intended to do anything about that, then they should not have announced the deposit arrangement at that point. If they had no intention of having the agreement re-opened—that was clearly shown in that speech which referred to a breach of the spirit of the agreement — then we could not, of course, afford to lose export orders during those few days. In those circumstances the Government's action was right, but it was not right in the context of the Government protecting the interests of this country.

A contrast has been drawn between the attitude of the Irish Government in this and the attitude of the Tory Party in Britain. The British Tory Party— God knows no friend to Ireland over the past couple of centuries — challenged the British Government — no doubt for Party reasons; Party politics are played in other countries besides Ireland — saying that they were in breach of the agreement, and the British Government made no real defence against that attack. They were shown in the House of Commons to have breached the agreement. They were shown to have dishonoured the agreement. The Tory Party showed that the word of the British Government has no real significance and cannot be relied on.

In that favourable context and, with the Tory Party pressing that point, our Government could have made a very effective case if they had any guts or any willingness to fight. We are in the absurd position that we have the British Tory Party fighting our case and our Government going cap in hand to the British Government and saying: "Here, take a couple of million pounds. We will find a couple of million pounds. We will lend £25 million free of interest to you and we will pay the interest charges, and that will settle it." The contrast between the attitude of the Irish Government and that of the Tory Party in Britain is one which ought to humiliate any Minister of any Irish Government.

The Taoiseach in this House threw out the allegation that Fine Gael would have preferred, wanted or urged the British Government to impose quantitative restrictions. He threw out the same suggestion in his statement on the Sunday after the Fine Gael statement was issued, showing how stung he was by the criticisms made. I have already answered that in this House but, for the Minister's benefit, I will repeat briefly what I said. Fine Gael know as well as the Government know that the British Government, for their own good reasons, do not wish to control imports by quantitative restrictions. They did not wish to do so and they did not do so in 1964. They do not wish to do so and they have not done so in 1968. They have their own reasons for that— reasons to do with the whole of British Government policy, the monetary situation, and the whole world trade position.

Because this is the case, and we know it is the case because it was displayed quite publicly and clearly in 1964, we know that if in any Irish agreement the only right given to the British Government is to impose quantitative restrictions we are safe, because the British Government are not prepared to impose world-wide quantitative restrictions in order to cope with an Irish problem. And if they impose other kinds of restrictions in other countries they will be precluded by their GATT obligation from discriminating against Ireland by imposing quantitative restrictions on Irish goods. The Minister accepted that in the other House. In fact, there was a rather amusing exchange between the Government and the Opposition in the other House. They must have been at cross purposes. They seemed to be agreeing with each other when they thought they were disagreeing with each other, and the debate went on rather repetitively.

No, there was more to it than that as the Senator will find if he reads it again.

There must have been something in the tone of voice which does not show up in the debate. The Minister reinforced the points. So long as the only way out of the agreement is to impose quantitative restrictions on Irish goods we are safe if the agreement is maintained. That is the Fine Gael position and that is why we felt this was one of the few useful clauses in the agreement.

I myself was not happy when the agreement was signed and the fact that this clause was merely reiterated as it had been in similar terms in earlier agreements, when it was in breach at the time this agreement was signed. I should have liked the Irish Government to have secured from the British Government a statement to this effect: "Although we are at present in breach of our obligation to impose only quantitative restrictions—our obligation under earlier agreements—although at the time we sign this agreement we are in breach of this, and although for certain reasons we are not in a position to modify this situation until this import levy is terminated generally, we now bind ourselves not to repeat this breach in future." I should have preferred an explicit statement of that kind. However, the Government did not get it. But they did get a reiteration of this obligation.

I was in doubt at the time as to the value to be attached to an obligation of the British Government which was being breached when the agreement was signed. Perhaps, my colleagues in the other House attached too much importance to it, for it was in breach, but nevertheless, a binding obligation is there reiterated even though in breach at the time the agreement was signed. It would have been of real value to us if the Irish Government had made it clear to the British Government during the negotiations that whatever was done in 1964, if the British Government breached that clause again—and this is something which must have been in the mind of the Irish Government —the Irish Government would consider the agreement as requiring revision at that point of time. If that had been said, if the British Government had been put on notice that they would not get away twice with treating the Irish Government with contempt, then I think they might have been slower in taking the action they took a few weeks ago.

Let there be no doubt about the Fine Gael position. There is no question of our preferring the British Government to impose quantitative restrictions. We know they will not. We know that, if we can hold them to the agreement, they can impose no restrictions on Irish goods.

The Minister in the Dáil disclosed — and I use the word "disclosed" advisedly, but I am open to correction—that what is under way at the moment is a full-scale review of the agreement. He said, when the Opposition pounced on that phrase that it had been announced earlier. I read back over the debates and I did not get a clear and explicit statement to that effect. I got something which I suppose could be interpreted in that way.

Those exact words are there.

Perhaps the Minister will refer me to them when he is replying. I found a phrase which could be interpreted in that way but it was not clear to me that that was the intention. It seems to me that, in the debate, it was disclosed that there were earlier statments about the review discussions in London, but they did not seem to me at any rate to disclose that there was a full-scale review. It seems to me that this was disclosed only when Fine Gael had put down this amendment in the Dáil and there was a full-scale debate on the subject.

I should like to know what is meant by a full-scale review of the agreement. This can mean either that they are running over it to see whether there are any particular pressure points which either side want the other to have a look at—in the terms of the agreement one side can raise issues and ask whether the other side would look at something and consider it—or it could mean the whole agreement is under review and, with the balance of advantage as much to our disadvantage as I have shown, the Government are seeking a review of the whole agreement with a view to getting a more balanced agreement and with a view to reducing our obligations or increasing the benefits we get. That would be a revision of the agreement.

I should like the Minister in this House to avoid rather ambiguous phrases like "full-scale review" and tell us is he talking about simple annual confrontations to see how the agreement is working out and perhaps to seek certain concessions in the terms of the agreement which can be accepted or refused, or is he talking of a full-scale revision of the agreement which would lead to a complete change in the balance of the advantage. I do not think he should be allowed to use ambiguous phrases which can mean one thing to one person and another to another. He should tell us what is involved.

We heard from the Taoiseach that what he described as chinks have been discovered in the agreement. I do not know what these chinks are. One appears to relate to cheese. I should like the Minister to be a little more specific than he was in the other House. In the other House he said there was no question of our cheese allocation being reduced. I am quoting from memory and perhaps in fairness I should give the exact words. He said:

There was a suggestion that our allocation of cheese in the British market was going to be reduced. I want to make it clear that this is not so. The matter is still the subject of negotiation with the British Government but it is not going to be reduced.

Mr. Corish: What are the negotiations for?

Mr. T.J. O'Higgins: Surely the cheese agreement was based on the cheese expansion under the Second Programme?

I think we deserve more information on this. The agreement was advertised to the nation by the Fianna Fáil Government, and by Fianna Fáil Ministers one after another, as giving us security of access and the right to export increased production of Irish agriculture to Britain in the years ahead.

In fact, this security of access was narrowed down in various ways. It does not apply to potatoes, sugar, butter or bacon. There are various things it does not apply to, but, brushing those aside, the Government claimed security of access for the remainder of the various produce and great stress was laid on these references to our expansion under the Second Programme—the extra we were going to produce could be sold to Britain. I had doubts which I expressed at the time as to whether the British obligation to accept these increased exports was as binding as the Government claimed, but they claimed that. Do those claims still stand? Is it the case that we can, as we were told would be the case in respect of products other than the ones I have mentioned, be able to increase our exports to Britain in line with the expansion plans of the Second Programme and is this the case in regard to cheese or is it not the case? Is it the case that there is some chink in the agreement which we have not been told about in any detail under which the British are entitled to prevent us expanding our exports?

Secondly, I should like to ask the Minister in the light of today's newspaper reports whether he stands over his statement in the Dáil that he wants to make it clear that there is no question of the cheese exports being reduced, because today's papers report a complaint by certain interests in Britain that Ireland is dumping cheese and asking the Board of Trade to impose anti-dumping duties of some kind. Is this one of the chinks in the agreement? Is it the case that all this talk of security of access for Irish products is contingent upon anti-dumping duties? Is it the case that the Government were unaware when they signed this agreement that a large part of our agricultural produce is sold on external markets at prices below the home price? Is it the case that there is a chink in the agreement under which all this security of access we have heard so much about is undermined if we sell below the home price as we were then doing and as we shall have to continue to do for many years to come until we enter the EEC?

Is it the case that the anti-dumping provisions of this agreement apply to agricultural produce and that, therefore, security of access is a myth? Is this what the Government are now going to tell us when they have finished these mysterious negotiations in London about which they are prepared to vouchsafe so little? We are entitled to an answer on that. We are entitled to know whether the Minister's statement in the Dáil that our cheese exports could not be reduced still stands. Is it the case that the antition—tha dumping provisions of the agreement, therefore, have no application to cheese and that this announcement in today's papers can be disregarded by the Irish farmer, has no foundation and that the British Board of Trade will simply fire it out and say: "There is no case in this, it is irrelevant and does not apply"? Is this the case? If the Minister can tell us that it is, it would be a great re-assurance to the Irish cheese industry and the Irish dairying industry who are entitled to this re-assurance. If, on the other hand, it is the case that we are subject to this anti-dumping provision, then the Minister's statement last week turns out to be incorrect and he must have known it to be incorrect, must have known of the anti-dumping provisions in the agreement itself; his statement then falls to the ground as offering us not even the vestiges of security of access for increased Irish agricultural output that was claimed for it at the time. I think the Minister should come clean on this and give us a little more information than he gave the Dáil.

Does the Senator not follow up this thing about the application of anti-dumping as to what would happen in these circumstances?

I am asking the Minister to do so.

If the Senator is saying this is so the agreement falls to the ground, there is no access. This seems to me to be a non sequitur.

I should like to make a further point that the agreement guarantees duty free access. If we have to pay anything, if we have to pay anti-dumping duty, this is not free access as defined by the agreement and put by the Government in the Dáil in January, 1966.

As to what the effect of this will be on our exports of cheese, this is something I am not in a position to offer an estimate of at the moment. I only heard the news this morning and I have not been able to make the necessary calculations but whatever else that is, it is not free access if we have to pay a duty.

Again, what about the UK agricultural measures designed to increase the output of British agriculture? The Minister in the Dáil offered very firm assurances at column 2725 that these measures would have no impact on our exports. The Minister said:

An Leas-Chathaoirleach

Perhaps, the Senator would give the reference.

Column 2725. I have mentioned it.

I want to say again something that was said about that by the Taoiseach to the effect that he had received a clear assurance from the British Minister of Agriculture, Fisheries and Food that the implementation of what I would call the statement of intent will not frustrate the agricultural objectives of the Anglo-Irish Free Trade Area Agreement. Subsequently the British Prime Minister, Mr. Wilson, not only endorsed this assurance but agreed that our respective Ministers for Agriculture should maintain close contact in order to ensure that this does not happen.

I hope the close contact involved will be a bit closer than that between the Minister and the NFA! This seems a fairly specific assurance although one wonders is there a catch in "the agricultural objectives" of the agreement. I understand the objectives of that agreement to be to give us free access to Britain for our expanding agricultural produce. Am I right in assuming that is the case? It is important that we should know that. If that is the case, then this is an explicit guarantee that these British measures, whoever else they may be directed against, will not be directed against us. If, however, some other interpretation is put on the objectives of the Free Trade Area Agreement, the guarantee may mean very little. I think we should know what is meant and I am asking the Minister to expand on it in this House.

I do not want to press in detail the question of security of access. The Minister will be aware of the arguments I put forward at the time on the subject of the letters between Deputy Haughey and Mr. Peart. These letters did not seem to me to be governed by the other provisions of Articles 8 and 9 and, therefore, one could visualise, if that interpretation were correct, the introduction of British restrictions through a levy system which would not allow us a guarantee of expansion. This was contradicted by the Minister for Agriculture in the Dáil three days after the article appeared. I do not want to go into detail on this but I should like to know whether, perhaps, my argument had more force than the Minister for Agriculture would admit. Is this one of the chinks in the agreement or do the Government still stand on their interpretation that those letters that were exchanged are governed by the other provisions of Articles 8 and 9 and even if the British introduced such a system of restriction of imports by levies we would still have our guarantee of access? I should like to know if the Government position remains unchanged on that despite the chinks that have been discovered.

More generally, I should like at this stage to raise the question of the value of the agreement. I do not want to bore the House with a lengthy discourse on how I have made my calculations but I should like the Minister to advert to them seriously, more seriously than they have been hitherto adverted to. The Minister knows, because I have set out the calculations in detail, how I arrived at an assessment of the value to agriculture of the agricultural clauses of the agreement. I put a value of £2 million to £4 million on them, a value which was unlikely to increase significantly thereafter because they came at the beginning except for any indirect effects thereafter which would be limited. If, in fact the agreement provided security of access for Irish products of a kind the Irish farmer found acceptable, the agreement could have an indirect effect on the expansion of Irish agricultural output by the confidence it would generate. I mentioned that at the time. I mention it now with some qualms because with all the threats we have had to security of access culminating in this cheese problem and in the British proposals to expand their own output, the Irish farmer has not got that much confidence in security of access. Indeed, nothing that has happened in the last three years suggests that the Irish farmer is achieving a great leap forward in output because at last he feels that the British market is secure. There has been no greater increase in output in these years compared with the increase in the years previously, and no evidence of a change in the pattern of agriculture. I think, therefore, we have to discount this indirect effect on agriculture as being non-existent until we get evidence that none of us has seen so far.

The direct effects I put at £2 million to £4 million. I thought at the time that it would be towards the lower end of this scale. At this point I would be inclined to put it at the upper end. It depends upon the exact value attaching to the increase in the butter quota and I am not too sure about my calculations there. It would seem that the benefits are now approaching or, perhaps, at £4 million. If the Minister feels that is an incorrect assessment, then I should be grateful to him for a reasoned statement of in what other ways the agreement has benefited us. Every statement made by him or by any Minister about this agreement has been in terms so general as to be meaningless.

We have had the Taoiseach and the Minister, and, I think, the Minister for Agriculture and Fisheries, telling us that Irish exports have expanded in the last three years by so much, either because of the agreement or in large measure because of the agreement. That type of statement is meaningless and useless. Our exports have expanded for reasons unconnected with the agreement. The Taoiseach has, in fact, claimed that the increase in industrial exports even has been due to the agreement although he knows as well as I do that the only effective difference the agreement made to industrial exports is in respect of articles containing synthetic fibres, where it made a big difference in a small sector. Apart from that, it had no effect at all. Our exports to Britain have gone up since 1965 by about £70 million. Of that, something over one-half are industrial exports—£30 million to £40 million. I have not the exact figure—and of that the synthetic fibre tariff accounts for £2 million, perhaps —perhaps just over £2 million by now. If it accounts for five per cent of the increase in exports, that is about the measure of it. This kind of claim by the Taoiseach and Ministers that the agreement has boosted industrial exports significantly, that this accounts for the extremely satisfactory performance of exports of industrial goods, is so much nonsense.

How does the Senator account for the increase?

It is accounted for by a wide variety of factors including, let it be said, many Government policies which have had beneficial effects.

But not the agreement?

But not the agreement. Exactly. If the Minister wishes to challenge me on that point, I shall be grateful if he would specify which industrial products have expanded and by how much—which were freed or in any way benefited by the agreement. Perhaps I have overlooked something. Perhaps there are some other articles affected — for example, the agreement did affect motor car components. Is there some hidden motor car component industry producing and exporting like mad that I have overlooked? There are certain other minor items that the removal of duties did affect, for example, tea and coffee. Have exports of these expanded? The only one I know of which is significant—I do not wish to be unduly sarcastic—I am open to correction—the only one I know of that is of any concrete importance is the synthetic fibre duty.

Is the Senator suggesting that it was only in areas in which then existing duties were removed that one can see any effect by reason of the Agreement—that one cannot measure any other effect?

That is the only effect that is measurable—where a product previously had a tariff on it and the tariff was removed.

There is a possible indirect effect which we would not yet have benefited from to any significant degree, for obvious reasons. You could visualise some foreign industry thinking of coming to Ireland which, erroneously, was misled by the agreement into thinking that conditions had changed in some way and that it would be better if they came to Ireland, and coming where they would not previously have come. If so, it is a confidence trick, because the agreement removed tariffs from synthetic fibres, and any increases in these exports to Britain are certainly due to the agreement, but not other tariffs. In regard to the exports of industrial goods, the agreement almost undermined people's confidence, when, as we know, the import levy was not being removed and was not removed. If I had been a foreign industrialist I would have been suspicious of claims by the Government that there could be no longer restrictions of Irish imports to Britain, bearing in mind the import levy still in force. But I might have been persuaded by the Government that we had this written into the agreement and that this meant that it could never happen again. Maybe some industrialist was persuaded by the Government that it could never happen again, that Irish exports to Britain could not ever again be limited by non-quantitative measures of restriction imposed by the British and perhaps we have some industry which came here because the Government misled it to that effect.

Apart fom that, I cannot see any indirect effects from the agreement other than ones based on a misconception of the degree of access that these goods—I am talking about industrial goods—would have. If the Minister likes to suggest that there are some other exports which would not have been there or would not have been of this magnitude but for the agreement, I should like him to expand in detail when he is replying because maybe I have overlooked something. If the Minister does not expand and does not pinpoint the cases in question, as I am prepared to pinpoint the amounts which have accrued due to the removal of the synthetic fibre duty, I think we can take it that the claims that the agreement has been responsible for anything more than five per cent of the increase in exports are spurious. The synthetic fibre duty removal seems to have accounted for something like £2 million—it may be a bit more than that—of exports. I last calculated this in February of this year—nine months ago. At that time I got a figure of about £1¼ to £1½ million increase in exports in the first 12 months due to the removal of the duty and a figure of over £2 million for the latest period for which I could get figures. I am sure that has expanded since. I am quite clear that the removal of the synthetic fibre duty is, in its own narrow field, extremely important. My own assessment at the time the agreement was signed, which has been validated by subsequent events, is that it would benefit us to the tune of £1½ million of extra exports in the first year, by £3 million in the second year, and so on. As far as I can see, it is working out something like that. There are now between, perhaps, £2 million and £3 million of exports from this country of goods containing synthetic fibres that would not have been exported previously. The articles involved are textiles, mainly yarn and woven fabrics, with some synthetic fibres and knitted fabrics, women's knitwear and women's underwear, and nylons mainly — not significantly women's outerwear or men's outerwear, the increase in the exports of which does not seem to have been significantly affected by the agreement; they are increasing but only at the same rate as, for example, in the case of women's outerwear, as women's outerwear containing woollen fabrics. So, there is no indication of an acceleration in the growth of exports of women's outerwear of fabrics containing synthetics.

That is the position as I see it. If the Minister has anything to add we shall hear him with great interest. The gains in the agreement appear to be £4 million for agriculture—that is the sum total beyond which we can look forward to no further increase. These are of limited amounts, limited to a specific volume of exports plus whatever indirect benefits these may have on agricultural output because of the extra security of access afforded and there is no evidence that this has had any affect so far, plus the effects on industry which seem to consist of a growth of £1½ million a year, continuing, certainly, in the indefinite future, giving a picture after ten years of perhaps £10 million to £15 million in synthetic fibres, perhaps £4 million of agricultural exports, perhaps £20 million altogether. If the agreement did have some effect on the Irish farmers of encouraging them to produce more, that would of course be greater, although we have no evidence that it had that effect.

What are the losses under the agreement? Here I employed, in a very conservative manner, the Government's own Second Programme figures to establish what the losses would be. I examined the share of the Irish market absorbed by imports in 1960 and in 1964 and then, projecting forward to 1975, I made some assessment of what the import share of the Irish market would be if the ordinary natural process of increasing import content continued up to 1975 on the same basis as between 1960 and 1964, a period during which there were no tariff reductions, or no significant tariff reductions, as the first two ten per cent unilateral cuts had no effect on imports. Comparing the import share one would be likely to have in 1975 on the basis of no freeing of trade, with the import share forecast in the Second Programme projection for 1970, one got a picture of what the increased import share would be due to the freeing of trade, and applying that to the total size of the Irish market in the main products in 1975, projected forward from 1970 at the same rate of growth as forecast in the Second Programme, one got a figure which gave a picture for the five main categories of goods (excluding those where there was no sign that the freeing of trade would have a significant impact), a figure of £55 million British gain, that is, £55 million of Irish goods displaced by British goods in the Irish market. That figure is conservative because of the method of calculation. I confined myself to the five main categories of goods, omitting others where the effect of freeing of trade would be fairly small and not wanting, therefore, to press the calculation. This is a cautious and conservative calculation which is, however, subject to one qualification, that the Government have the power in 1970 to reimpose tariffs on three per cent of British imports at that time.

Such a re-imposition could affect seven or eight per cent of Irish industry if the more sensitive goods were chosen so that I suggested that the figure of £55 million should be written down to —I actually suggested a figure of £45 million—but I think £50 million would really probably be about right. Therefore, using information from the Second Programme, using the results of the consultations with industry, the figures the Government itself uses for the purpose of planning, and using them in the most conservative and cautious way, and rounding down-wards, and taking account of any factor that might benefit the Government, and leaving out the sectors where free trade effects would be negligible, one gets a picture of the order of £50 million worth of Irish goods displaced by British goods under this agreement, in addition to which the British Government can look forward to further gains at the expense of foreign imports to Ireland because, as the preferential margin is increased, as tariffs on British goods disappear while we retain the tariffs on the goods of other countries at some reduced level, Britain will gain at the expense of other suppliers to Ireland.

I assess that crudely, and I say "crudely" advisedly, at £25 million, using our experience of the effect on trade with Britain of the imposition of import levies in 1956, which increased Britain's preferential margin in the Irish market, at the same time as imposing a duty on British goods. That gives us something to go on. I crudely assess the benefit to Britain through the diversion of trade at £25 million. That figure is very much an estimate unlike the other which is pretty firmly based. I do not attach very precise importance to it. But there is an addition to Britain's gain of £50 million at the expense of Irish industrialists, a gain for Britain at the expense of importers to this country from other countries, a gain of some significant magnitude. That is what is to be set against the £15 million to £20 million gain by this country.

Those are the figures. They are on the record. Those are figures that have been on record since January, 1966 and they have never been controverted or refuted. No Fianna Fáil spokesman or Minister and no Fianna Fáil publicity agent, or economist, if such there be, has written or spoken anywhere to my knowledge in contradiction of these figures or has criticised them in any way or has done anything other than say that they are only "estimates" as if estimates were things that the Government did not make and did not rely on for the purpose of planning. That is the case in regard to this agreement.

That is why I hope that what the Government is doing at the moment is seeking, not a full-scale review but a revision of the agreement, not because the £50 million losses to Irish industry would be fatal to industry as a whole —they would be fatal to many firms and fatal to many jobs but that would have to be accepted if there were compensating gains elsewhere. If we had gained for Irish agriculture the kind of gains that could be secured within the institutional structure of EEC that price would have had to be paid and will have to be paid at some point in time; but it is wrong that Irish industry should suffer those losses not for the sake of any compensating gains but for the purpose of expanding one industry only, the synthetic fibre industry, and for £4 million for Irish agriculture. We are subsidising Irish agriculture to the tune of £75 million at the moment and for an extra £4 million, that industry should suffer in this way is intolerable. This agreement is intolerable and should never have been signed. A Government which knew its business would never in fact have signed it and a Government which knew its business now would get out of this agreement and would use this breach as a means of getting out of it as soon as possible.

One wonders why such an agreement was signed. People have said this to me. They have read my articles and said to me that they had seen my figures and that they seemed to make sense but they asked: "How could the Government have signed such an agreement?" This is a fair question and requires and answer. It is not easy to answer but I shall give my reconstruction of the events leading up to it. This may be wrong but one has to try to find some—I nearly said excuse—some explanation of the Government's action.

I have some experience of negotiation with the British, not with the British Government but with British people in my capacity as an official of a State company many years ago. I was impressed with the British method of negotiation which is exactly opposite to the Irish method and consequently tends to confuse us. The British method is to offer twice as much as they intend to give in the first instance, thereby trapping you into negotiations, knowing that if those negotiations have to be broken off subsequently such a breach will have a profound effect in Ireland, where it will be regarded as a serious setback for the Government or the State company concerned, as we were in Aer Lingus at that time, and knowing that this would be unacceptable to public opinion which is something that the Government or the State company would wish to avoid. Therefore, as the original offer is watered down and eroded by the British negotiators, the Irish negotiators are kept on the hook and at no stage can they feel that they can break off the negotiations, whereas if the negotiations were broken off public opinion in Britain would never even hear about it. It would be just three lines at the bottom of a page, saying that negotiations with Ireland on such-and-such had been broken off. There is an inherent imbalance in negotiation between these two countries. It makes any friendly negotiation very difficult but it is rendered difficult to the point of danger by the use of this technique by the British, if any Irish Government or body falls for it.

It seems to me that what happened in 1964 was that the British imposed the levy and the Taoiseach, Deputy Lemass at that time, dashed over to London— he got there rather more quickly than did the present Taoiseach on this occasion—and called on the British to drop this import levy so far as Ireland is concerned. But Mr. Wilson is a clever gentleman, even if not always trustworthy, and Mr. Wilson said: "We cannot do that but we will fix you up. We will not impose anti-dumping duties if you like to subsidise your exports at your expense." A wonderful concession. The Taoiseach came back to Ireland saying that all would be well on that front. Then Mr. Wilson said: "Were you not talking to us about some kind of free trade arrangement? You raised it last year with the Tories. We have not got round to it yet. The Tories were rather difficult, but of course we are very much attached to Ireland and I think we could look into this agreement for you."

And so we were launched on this negotiation in the expectation that it would be a genuine free-trade area between Ireland and Britain under which our industries would, of course, be affected and would suffer and would be opened up to free trade, but under which—and this was the great aim of Irish policy and had been since Deputy Lemass initiated his proposal in 1960—we would fully share in the British deficiency payments system and no longer be exploited by Britain through the mechanism of our agricultural policy. This was the great aim and one for which strong arguments could be made. Many people would be against it on the grounds that it would tie us too closely to England or increase our dependence on Britain too much. Such arguments have great merit and are ones about which I feel very strongly myself but at least one could have argued for such an agreement because the balance of advantage would have been reasonably even. We would have gained perhaps £50 million for our farmers and Britain would have gained £50 million for her industrialists and it would have been a balanced agreement.

But what happened? As the negotiations proceeded clearly this idea of our participating in the British agricultural policy, and in the benefits of it, was eroded and eroded, until at the end of it all we got only £4 million out of it. That is the size of it. Our negotiators did not break off the negotiations when that happened. They were kept on the hook until eventually they signed an agreement which gave to Britain three times as much as we got out of it, an agreement which condemns our industry to face the severity of free trade without ensuring for them or for Irish agriculture any compensating benefits.

We were fooled, gentlemen, and the Government had not the courage to come back and tell the Irish people at some point that these negotiations were not succeeding. Neither had they the courage nor the ability—I do not know which—to get the negotiations on an equal footing again and say to the British: "If you are going to erode these benefits of Irish participation in British agricultural policy in this way we cannot commit ourselves to the complete free trade area. It will have to be an incomplete or partial agreement." No doubt that may have been hinted at, at some point in the negotiations but the British had only to say: "In that case, of course, we are precluded under GATT from giving you the benefit of the elimination of duty on synthetic fibres. That requires a complete free trade area." Was this card played? Did our people fall for it?

It is important for us, very important, to have free access for our synthetic fibre products to Britain but is it important enough that one industry should secure this advantage? Is it important enough for the whole—I should not say whole, but four-fifths of Irish industry, because food processing industries remain protected—would that gain be enough to justify that damage to Irish industry? Of course it is not. I have already said there were no proportionate compensating benefits for Irish agriculture. I think that is how this agreement came to be signed. It is necessary to construct some such picture of the negotiations to explain the intolerable results of these negotiations.

We on this side of the House have been challenged to say what alternative was there. We keep on being challenged. The fact that we put forward alternatives at the time seems to be completely ignored. There are several possible alternatives, some of them blind alleys, but the alternative which we should have proceeded towards would have been an agreement under which we would have reduced our tariffs on British goods though not the whole way in return for securing participation in British agricultural policy to a degree which would compensate for the reduction in our tariffs. Such an agreement not involving a sufficient freeing of trade to be technically a free trade area under GATT would not have been sufficient I suspect to permit the British to eliminate the synthetic fibre duty. That, I think, we would have had to give up, but in return we would have, and should have, got far greater benefits for agriculture than we got, far greater than this £4 million, which is all we secured and in return we should have conceded far less on the industrial front and had an incomplete free trade area with the reduction in tariffs rather than a complete one.

We had room for bargaining here because we would be entitled under GATT, as the White Paper on the agreement mentions, to reduce our tariffs on British and other goods by the same absolute amount, keeping the margin between them the same which, of course, would have increased the preference for British goods. Our tariffs could have been reduced. For example, if you had a tariff of 60 per cent, 40 per cent, that could have been reduced 30 per cent, 10 per cent, half. That would be in accordance with GATT but would have given Britain a far more effective preferential margin because a 10 per cent tariff on many goods is really not a very effective protection but allows a significant volume of imports, whereas a 30 per cent tariff would continue to keep out completely, or virtually completely, imports from the Continent. Such an arrangement could, therefore, have given Britain very substantial gains in the Irish market and would still have, however, given Irish industry a measure of protection and something which we could have given to Britain because we were not members of GATT and in return Britain should have given us benefits for Irish agriculture, compensating for the gains Britain was securing in our market but we did not secure that. We did not secure it partly for negotiating reasons I have mentioned, partly because we were fooled in negotiations, and partly also, perhaps, because of an excessive preoccupation of some of our Ministers and civil servants with preparing Irish industry for free trade.

Nobody has been more concerned about that than I. I have, indeed, for the last 10 years been involved in one way or another with this process. One of the main reasons why I left my former employment with Aer Lingus was because I hoped to help in this process of preparing Irish industry for free trade as that is a specific objective. We must not allow ourselves to be completely dominated by this. It is not preparing Irish industry for free trade with EEC to eliminate tariffs on goods from Britain which would of course hit the British supplier to this country even if we were members of the EEC. You do not prepare for something by in fact doing something which incurs all the disadvantages or virtually all the disadvantages, leaving virtually nothing else to follow.

Indeed, Irish industry takes the view, as was clear from the review by the Federation of Irish Industries of the effect of the free trade area, that the complete freeing of trade with Britain over a range of products is more damaging to Irish industry than the complete freeing of trade with the EEC because a number of Irish industries believed—in fact the greater proportion of Irish industries believed—as far as we can judge from the survey, if you have trade with Britain then British industry, not having any alternative market open to it at that point, would concentrate all its efforts on this country; whereas if we had free trade with the EEC as a whole the attention of British industries would be largely diverted to the Continent, its competitive effort in the Irish market would be less and that lesser competitive effort in the Irish market would more than compensate for the small extra margin of competition from the Continent. For that reason it was the view of Irish industry that the freeing of trade with Britain alone would be more damaging, to the tune of about seven per cent, than the freeing of trade with the whole of the EEC.

You do not prepare for something by doing something which is more damaging even than the thing you are preparing for. That is not a preparation. This idea of preparing Irish industry for free trade, of imposing some kind of pressures on it, is a good idea in itself, one which the Government has probably been pursuing for the past 10 years; but it is one which we could have a little too much of, and in the desire to achieve this, in the weakness of our negotiating position with Britain and in the ineffective way we bargained with Britain, we have landed ourselves with an agreement which is intolerably burdensome on this country.

I come, finally, to the general issue of dependence on Britain. As I said, you can make a case for an agreement with Britain, giving equal benefits to both sides, even if this intensifies trade relations and increases our dependence. Many would question if that is desirable, but you can make a respectable case for it, a case which becomes the more respectable the more convinced you are that EEC membership is a reality or will become a reality. One cannot, however, make the same case for an agreement which not only increases dependence on Britain but which imposes far greater burdens on this country than we secured in the way of advantages. But, speaking broadly about our relations with Britain, it must be seen that we have not handled them well. Looking back over the record in the 1920's and 1930's, despite the mistakes we made we handled our relations with Britain extremely well, very well I may say so, and without being partisan, in the 1920's and on the whole, taking the long view, also in the 1930's, although one can make many criticisms of the way the economic war was initiated, one must be fair in saying the way it was terminated was very satisfactory, whatever about the way it was initiated and carried on.

In the 1920s this country led the Commonwealth in seeking an evolution of the constitutional position of Commonwealth countries. We had quite a job in bringing some of the other countries with us on this path to the Statute of Westminister which gave us true sovereignty which we had not got.

An Leas-Chathaoirleach

I must say that the Senator is straying a little far in dealing with such a constitutional matter.

I am merely making that reference in order to make a contrast. I will say no more about it.

The Senator is inviting a historic lesson from me.

May I give Senator Ó Maoláin a historic lesson? One can argue about how the economic war was initiated but the negotiations which terminated it were negotiations out of which Ireland came relatively well and one would not criticise the diplomatic ability of the Government in negotiating the 1938 agreement. I must say that since then the quality of our negotiating technique seems to have deteriorated. It is not because we have lost confidence. In those days we were a useful country. It was not so long since we had fought Britain in arms. We still felt that if there was a great issue at stake we should take a firm line with the British and, in fact, we had got the best of them in the War of Independence. Now, however, we were middle-aged and were concerned with security and it was unwise to challenge the agreement because what would happen if the British tried to terminate it. Think of the importance of the security it gives us, if the British are not prepared to do any better we have to take what they give us because alternatively they might cancel the previous agreement.

Whom is the Senator purporting to represent when saying this?

I think specifically the present Government but I am not confining my comments to the present Government because this seems to be something of a general Irish disease. I detected it elsewhere than in the present Government also. I think we have got middle-aged and security conscious. I do not think there is a willingness to make a stand as there used to be in the 1920s and the 1930s.

I thought when the Senator was using "we" he was speaking of Fine Gael.

I was using "we" more generally. I even included the Fianna Fáil Government, but, perhaps, that may be unwise politically.

We are not afraid.

I do not detect from the attitudes of Irish Ministers and Irish civil servants in negotiating with Britain the same determination, the same self-confidence that existed in the 1920s and 1930s. I think we go into negotiations, starting off in the very beginning as if, in fact, we had lost them. We go into them believing our negotiating position is weak because we believe it is weak. If we are not prepared to make a stand on any issue, if no matter what proposition the British put to us in the end we are going to give ground because we are not prepared to make a stand, they start off with the enormous advantage of their greater size. Therefore, the chances of our securing a favourable settlement are very limited.

I want to contrast that relationship with the United Kingdom to the position within the EEC. I know the EEC is unfashionable at the moment and it is easy for people to decry us and say it is not working out; that we will never be members anyway. I want to make this contrast because I think there is a lesson here for us. The fact is that we will never have satisfactory relations with a country to which we are closely tied, which is much bigger than we are, there is no system we could adopt for our relations which would give us the assurance of security and assurance of fair treatment. No matter what agreement we signed the British Government can breach it knowing there is very little we can do about it and knowing there is not much we would want to do about it either. Our relationship is inherent in the perpetuation of our dependence on Britain and is bound to create a continuing problem.

I recognise it is not very easily changed. There are people in this country who want to break the link with sterling. There are those, on the one hand, who believe in a break in the link with sterling while, on the other, there are those who say we have to go along with what the British say, because of the position our trade would be in. Between these two opposing attitudes there is surely some balance to be found. The truth is our relations are so inequal that they will never be satisfactory so long as they are carried on between two allegedly sovereign States. So long as Britain has the sovereignty and the power to breach agreements with us and so long as Britain has the power to exploit us economically as she exploits us to date in our agricultural policy, we will never be free of a form of British domination.

We won freedom from British political rule in 1922 and the last vestiges of it at a later date. I shall not specify because the exact date is, I am afraid, a matter of political controversy. We have not got freedom from British economic control of our currency. It is only the manifestation of an underlying dependence of our trade relationship. We should not get involved in that side-alley. That can only be changed if we and Britain are together in some community where Britain is no longer permitted to exploit a neighbouring country.

It is for that reason—and for other reasons—that I as an Irish nationalist, have from the beginning always favoured membership of the European Economic Community, because within it such exploitation as we suffer at present cannot take place. We may agree or disagree with particular policies, but it is one policy for everybody. It is equitable and equal treatment for everybody in the Community. No country can exploit another in the Community. Even the most powerful countries cannot exploit the weakest countries. Germany cannot exploit Luxembourg. If we are in the Community Britain can no longer exploit us. I want to make this point because it is in that situation that we will find the solution ultimately of Anglo-Irish trade relations. They have been made a mess of in the last few years. We have a damaging agreement with Britain which we should try in some way to retrieve. Even if mistakes had not been made, our relationship will still be an unsatisfactory one until we and Britain are within a European Community where we give up our sovereignty but where within a European Community where we give up our sovereignty but where Britain gives up her sovereignty also. The exercise of sovereignty is only valuable to the extent that you can exercise it. There is nothing we can do in the exercise of our sovereignty which would damage Britain sufficiently to force her to change drastically her policy towards us. At the drop of a hat Britain could do things which would damage us severely because of her greater size.

Therefore, it is vital to us that British sovereignty in trade matters should be absorbed in a larger community, where there is equal treatment and where there is a guarantee of equal treatment.

No Anglo-Irish institution one could imagine could guarantee that other than a single United Kingdom Government governing the whole of these two islands, such as we had between 1800 and 1921. None of us looks forward to a return to that situation. Short of that, there is no other way in which relations can become equitable. There is no other way in which we can have security for economic progress in this country save within an institutional structure in which British policy has to be controlled. British policies towards us will have to be equitable.

I think that is a lesson that is not fully appreciated. We have talked too much about membership of the Common Market as if higher prices for our agricultural produce was simply a byproduct of it. There is far more to it than that. The crucial point: here is an institution for ensuring real economic freedom for sovereign countries within that Community. I commend this point particularly to the Labour Party. On this point there is a divergence between ourselves and the Labour Party. I feel it is important that the real issue should be brought out here. The Labour Party ought to face this issue as we in Fine Gael have faced it—that true freedom and true independence under modern conditions can only be found within a legal, judicial structure in which the large countries cannot exploit the small. The idea of some kind of Sinn Féin world, in which we can remain on our own and build up a prosperous economy despite exploitation by great powers, is a hopeless utopia and should be recognised by all of us as such.

A Leas-Chathaoirleach, I find it difficult to know what to say in regard to this Bill on its Second Reading and the amendment proposed by Senator Garret FitzGerald. I find myself in agreement with Senator FitzGerald for most of what he said. Particularly, I note he said this Free Trade Agreement should never have been signed. This, of course, is the point of view of the Labour Party. We opposed the signing of this agreement and its ratification because we considered that the balance of advantage lay with Britain and that there was not equal advantage on both sides. It was an unfair agreement in practice. This has been shown up. We have been shown as being correct. We are glad that Senator FitzGerald has now been converted to that viewpoint. In fairness, he always had doubts about the issue as to whether this was a good agreement. His Party did abstain in the final vote as to whether this Free Trade Agreement should be ratified or not. We in the Labour Party opposed the signing of the ratification of that agreement. That is still our view and we are being proved correct as year follows year. We are, however, operating under this agreement. I would join with Senator FitzGerald in urging on the Government a fresh approach to this problem and to go back to Britain to try and re-negotiate the issue and to try to balance the advantages in this agreement.

In regard to diversification of our exports, I want to repeat something which I said last week on the Appropriation Bill to say it here now when we have the Minister for Industry and Commerce with us. We are in the position that about three-quarters of our exports go to Britain. By reason of that fact we are very dependent on the British market. It has been proved to us again and again that, when British interests are at stake, Britain will operate to preserve her own interests irrespective of whatever agreement exists. I took the Taoiseach's assurance that the Free Trade Agreement was not being broken in the letter but in the spirit, but having listened to Senator FitzGerald this afternoon I think he makes a case that in fact the letter of the agreement has also been broken. We are in the position that Britain will always act to preserve her own interests irrespective of any agreement, and irrespective of the effect on our economy here. I need hardly say—I am sure the Minister agrees—that the development of our economy and the industrialisation of this country is of paramount national interest. It is something over and above politics. We are all in agreement with it. It is essential if we are to survive as a nation that we should industrialise and that we should find export markets.

Last week, we heard the Leader of the House, Senator Ó Maoláin, talk about the difficulty of finding other markets. I thought his speech was rather defeatist because I was certainly not taking the view that finding alternative markets to Britain was easy. That was not what I was saying but I was saying that it is a matter of very great interest and of very great importance to this country and that we should be prepared to spend money on trying to find other outlets for our exports.

There is still an idea in this country that we really cannot manufacture and that the industrial goods which we are producing are somewhat inferior to the British products or to other foreign products. But the facts are that we can export and compete successfully on the British market when we are allowed to do so and, as has been shown, we can, to a limited extent and in spite of the tariff difficulties, export and compete against other manufacturing countries. It is important that we recognise all round that we can produce successfully and that an effort should now be made in trying to break into marketing in other countries apart from Britain because of the great necessity of spreading our risks, of trying to get away, even to a limited extent, from the situation where we are, at the moment, so very much dependent on the British market which dependence could be to our detriment at any time that Britain might get into any balance of payments difficulties.

I know that, at the moment, we give tax concessions to exporters. I think that profits on exports are completely free of income tax and this applies to exports to Britain as well as to other countries. It seems, therefore, on the face of it that a further concession or further inducements might be given, but I do not know if that is necessarily so.

I said on the last occasion that I thought we tended to behave too gentlemanly. This point was made also by Deputy Corish in the Dáil. We are very correct in having regard to international agreements—GATT and the Free Trade Agreement with Britain —but when other countries find their interest are at stake, they seem to be able to get around these agreements and, in the case of the Free Trade Agreement with Britain, the letter as well as the spirit of the agreement.

As I said last week, we should not approach this in any sense of retaliation against Britain and not in a petty fashion. This is not the point but it is in the national interest that we should find every device to encourage exports to countries other than Britain. I am not saying that this is easy—I agree with Senator Ó Maoláin on that—but I am saying that it is of very great importance to our economy and to our country if we are to survive that we find, so far as possible, markets other than Britain for our exports.

I know there are tariff barriers to surmount but we must find our way around these and we must encourage manufacturers to surmount these barriers in the vital interest of continuing the industrial expansion of this country. As I said at the beginning, I find it difficult to know what to say on this debate because it seems to me that Fine Gael, through their spokesman, Senator Garret FitzGerald, are now saying what the Labour Party said some years ago—that the Free Trade Area Agreement with Britain was a bad agreement and that it should not have been signed but we are now stuck with it and responsibility lies with the Government to try and rectify the situation in so far as they can.

I have difficulty in knowing how to deal with the amendment that the Fine Gael Senators have put down in so far as they are saying that the Bill now before the House injures the implementation of the Anglo-Irish Free Trade Agreement and that it should be opposed until such times as an equitable revision of that agreement has been negotiated by the Government. I agree with that but we must face realities. We have a Bill before us that embodies certain arrangements which were made and, if they are to continue in existence, this Bill must be passed before the end of this calendar year. One of those was that which we introduced to safeguard the workers in Dunlops of Cork when they were faced with difficulties—I think it was in 1967 —because this must be passed by the Oireachtas before the end of the calendar year following that particular order.

Because of that, therefore, I could not support this amendment and I could not oppose the passage of this Bill because, to oppose the passage of this Bill, would mean that I am saying that this protection for the workers of Dunlops in Cork should be withdrawn at the end of this year and that they should be put back into the difficult situation from which we attempted to rescue them in 1967. I do not know exactly where Fine Gael stand on this. I do not know whether they are saying that we should refuse a Second Reading to this Bill and allow the workers of Dunlops to be in this difficulty at the beginning of 1969. If they are saying that they have second thoughts and that they now agree with the Labour Party that the Free Trade Agreement was a bad agreement, we are glad at their late conversion but they should find a clearer way of saying it than by putting down an amendment to a Bill which I do not think they are in earnest about.

With regard to the EEC there are a number of things to be said in favour of the EEC but I think, and I am sure many Senators agree, that this is rather unrealistic. There are no immediate prospects of our securing entry into the Common Market. In any case, this does not arise under the present Bill and it certainly does not arise on the amendment but, for the reasons I have already stated, I welcome Fine Gael's belated conversion to the Labour Party's view in regard to the Free Trade Area Agreement but we cannot support the amendment because of the effects it would have, if it were successful, on the workers of Dunlop.

Senator Garret FitzGerald started off with a very glib reading of one exception where the agreement could be departed from. I should like to know exactly where the agreement is broken. I should like a clearcut definition of it. We did not get it. I am not saying the agreement has not been broken but it might be as well for us all to know clearly what is the exact wording of the agreement. Article 4, subsection (1), says:

Neither party shall apply directly or indirectly to imported goods any fiscal charge in excess of that applied to domestic goods.

Article 4 (6) defines fiscal charges:

"Fiscal charges" means customs duties and similar charges applied primarily for the purpose of raising revenue, internal taxes and other internal charges on goods.

Beyond that, beyond making that bald statement, I do not propose to argue whether the letter of the agreement has been broken. I do say that undoubtedly the spirit of the agreement has been broken, possibly also the letter, but this is not, in my view, an appropriate place, nor is this an appropriate time, to argue whether the letter of the agreement has been broken. If Senator FitzGerald had been more precise, not only in dealing with that part of the agreement but in dealing with other conclusions which he drew, his speech might have been of more benefit to the House. He stated, with the same broad glibness, that this agreement should never have been entered into. Surely, in a Party system of Government, in a Party system in Parliament, a Government must really know what is the policy of any particular Opposition Party.

Deputy Donegan is the spokesman for industry and commerce in the Fine Gael Party. This is what he had to say about this agreement on 12th December 1968, reported at column 2708 of the Official Report of that date:

I want to approach it——

He was referring to the Free Trade Area Agreement.

——as the spokesman on matters of industry and commerce in my Party on the basis that I am quite clear that at the time that the Agreement was signed there was no other course, that in fact when the Fine Gael Party took that line and agreed with the Government at that time they were correct. I would also point to the fact that certain good results have ensued. It would be wrong and churlish to say that the whole thing was wrong, to say that the whole business was improper, ill-advised from its birth and that in fact it has brought no advantages to this country.

I find it hard to understand how the representative of the Fine Gael Party who would be described normally as their shadow Minister for Industry and Commerce, Deputy Donegan, can make a statement of policy, no doubt with the full approval, the full consent, the full knowledge of his Party and how, in less than a week, someone else from the same Party in this House can tell us something completely different.

I do not propose to go in detail into all the advantages of the agreement. I shall choose a few at random. Prior to the agreement Irish cattle did not qualify for the subsidy until three months after their exportation. From and after the signing of the agreement they qualified for it within two months. As a result of the agreement, there is free export of 25,000 tons of carcase beef to England each year for which the same price is paid as is paid for similar English beef slaughtered in England. As a result of the agreement, 5,000 tons of carcase sheep can be exported to England from here each year for which the same price is paid as for carcase sheep slaughtered in England. As a result of the agreement, there is provision that England will take from us 638,000 head of our cattle each year and that those cattle, if attested, will qualify for the full English subsidy price within two months of their exportation.

I take just these few items on that side. Senator FitzGerald referred to the man-made fibre industry. Not only in the man-made fibre industry but in practically every aspect of industry in this country, in so far as the export industry is concerned, there has been vast improvement, and this agreement has contributed in no small way to that improvement. In the short period of two years, our exports to England—of manufactured goods, have increased by 50 per cent. Our total exports, including everything as well as manufactured goods, have increased by 30 per cent in the relatively short time of two years.

We are a country with very little raw materials. If we are to live, to progress, to expand, we must to some extent be a workshop: we have to import practically all our raw materials at one stage or another, and unless we export we shall find it very hard to survive. Senator FitzGerald has suggested that we have not been benefiting at all from this agreement because many of our manufactured products were free of duty to England prior to this agreement. He has not, of course, told us that since this agreement and as a result of the agreement, our exporting industries, vis-à-vis England, have been put in a far more favourable position than other countries who have been exporting to England.

To that extent, therefore, the agreement has made competition very much easier for us. Senator FitzGerald's next objection to the agreement was on the question of this levy. I should not call it a levy, I suppose. Its more correct description is, if you like, a loan because that is really what it boils down to. If you export £100 or £200 worth of goods you must lodge for a period of six months with the British Exchequer half the cost of the goods and at the expiration of the period you get it back, without any interest on it.

Britain, in my view, clearly and definitely broke the spirit of the arrangement between the two parties the effect of which was thought to be that we would be one clearcut area vis-à-vis the rest of GATT. Having broken it, the next question was what the Government should do. Senator FitzGerald suggests that the Government should have entered into correspondence with England, that they should have gone across to England and argued bitterly with them, telling them they had broken the agreement, and that then, and only then when they had made a great hullabaloo, should anything have been done to help Irish exporters.

Anybody with any practical experience of business will know that one of our most important factors, one of our best selling points is to honour our delivery dates. Our exports to England are very substantial; taking them on an average, even day to day, the amount which would be exported on any particular day is very substantial and if we cannot and do not honour our delivery dates we are going to upset very substantially the companies in England to which we are exporting. Many of the products we export are those which might be called short runs. The English manufacturer with a very large market goes in for mass production, mass automated production and I suppose a factory in England with its mass automated machines, where very little is done by hand, would produce as much in one week as would supply the entire requirements of this country for one year. These machines, however, are not suited for short runs. Much of the type of export which we send to England is the type of product produced on short runs. If you are going to export products of that kind and they are held up on the other side, your customers will have large quantities of goods taking up large quantities of store space, and their customers crying out for them. Unless the delivery dates are honoured, there is no hope of being able to repeat the orders.

Let us assume that the Government had taken one week, a fortnight, or three weeks within which to re-assure industry, what would have happened? Delivery dates would have been broken and English customers would have become dissatisfied. Frequently one is hanging on to one's orders by the narrowest of margins and if goodwill were once lost or even undermined, it would be very, very difficult to recover it. Therefore, I think the Government took the only possible step open to them forthwith to reassure industry and say: "Well, look, this agreement in our view has been broken, probably in the letter, certainly in the spirit. In the meantime, however, we must reassure our manufacturers who are doing their utmost to satisfy their customers in England, otherwise many of our manufacturers might find themselves in a very awkward position. It would mean they would have to put aside for a period of six months half the cost of their exports and very few firms could afford to do that." I know some industries here which export the entire of their manufacture and they could not possibly hope to continue to do it if they had to lodge for six months half the invoiced price. To adopt the approach suggested by Senator FitzGerald would seem to me to adopt an attitude similar to that of the farmer whose neighbour broke the farmer's fences and turned in stray horses and cattle into his fields and instead of turning out the stray cattle and horses and repairing the fence the farmer goes first to his neighbour and argues with him, then takes him to court and gets a decree and only then turns out the cattle. It is just as illogical as what Senator FitzGerald suggests as an alternative to what the Government did and as an alternative to the agreement. If it had not been entered into—and I take it that his whole argument was that it should not have been entered into——

I explained the alternative.

I think the alternative was that we should aim at the EEC as——

No. I suggested an alternative of a balanced agreement with Britain of a less extensive character.

An extended?——

An alternative agreement with Britain which should be balanced and of a less extensive character. I dealt with it over a period of about ten minutes and I can hardly re-open the matter now. I did explain the alternative fully.

I think it involved a somewhat less reduction of protection for industry.

Yes, that is right. Thank you.

I will be dealing with that.

If we could have heard the Senator we could deal with the matter in more detail. But an explanation of an agreement is something which is not very easy to recreate. Senator Murphy suggested that we should press forward with our exports to countries other than England. In saying that he is not at all alive to the efforts which manufacturing companies are making to export. There is no company capable of exporting that is confining itself to any one country. England is at our doorstep and it is the first and the easiest country to which to export. It is the country to which freight is cheapest. We speak the same languages, we can get on the telephone to each other very easily and we use the same currency and, therefore, it is simpler to export to it. However, no company that is exporting endeavours to confine itself to England alone. Senator Murphy must not be aware of the trouble, the steps and the efforts that are being made by most companies interested in exporting and expanding the area to which they can export, and of the efforts being made by the Irish export board to assist them. I should like, having seen what this board has done for companies interested in exporting, to pay them a very sincere tribute. I feel that remarks such as those made by Senator Murphy should not be made because if he really appreciated the efforts that are being made by one and all to export to countries outside England he would not make them.

I should like at the outset to thank Senator Nash who has saved me the trouble of saying some of the things I was going to say in reply to a number of the points raised. He has expressed them very well, particularly his references to the apparent alternatives suggested by the Fine Gael Party in regard to the action we might have taken when faced with the British import deposit scheme. He illustrated very clearly—better than I could have— what was involved and gave a very good analogy in regard to what was being suggested by the Fine Gael Party. Before I——

If I might suggest it, it is a false analogy.

It is a good one.

There is a legal procedure open to the farmers which is not open to us, or is there?

The Senator's colleague in Dáil Éireann suggested that there was a legal procedure open to us.

Would the Minister like to tell us?

I should like to tell Senator FitzGerald that when he was speaking he quoted from something I said in the Dáil towards the end of my speech and he quoted from one of his colleagues in that House who apparently did not listen to what I said earlier and I had to repeat what I said about a full scale review of the agreement. Senator FitzGerald found himself unable to find my earlier reference to it in my speech and I should like to refer him now to columns 2719 and 2720 of volume 237 No. 15, of the Official Report of Dáil Éireann in which he will find I said the following:

Since some doubts seem to have been expressed here in the course of the debate, I should, perhaps, say that the consultations which have been taking place at official level were, in the first instance, the normal consultations provided for under the agreement to take place at regular intervals, but on this occasion they were extended in order not only to deal with the normal review of points of difficulty which might have arisen since the previous meeting on the operation of the agreement, but also to cover, in effect, a full-scale review of the operation of the whole agreement.

As I told the Senator, I used those exact words.

I accept that. It was carelessness on my part not to have noted them.

I am not really holding the Senator responsible, but I was a little annoyed at his colleague in the Dáil who had to be told it three times.

Senator FitzGerald also asked what was the position in regard to the quota which we imposed for the purpose of giving additional protection to Dunlop's industry. The position is that the 18 months' period to which the Senator referred expires this month, and we have been negotiating with the British Government. An agreement has been reached with them for an extension of the quota for a period of 12 months. The Government have made an order in respect of six months of that 12, but there will be another order after that, and under this the quota is being increased, not unduly, but somewhat. It is believed, on all the information available to us, that at the expiration of that 12 months' period Dunlops reorganisation scheme should be fully effective and their arrangement for exports of certain types of tyres should also be operating, so that by that time, they should be able to carry on without further protection.

That is very satisfactory.

Senator FitzGerald will not, I hope, suggest I am misrepresenting him if I say he has certainly given the impression from what he has said in this debate that he feels the protection for Irish industry we have had is being thrown away unnecessarily or without anything like sufficient in return. In his exchanges with Senator Nash he pointed out that Senator Nash appeared to have overlooked the fact that he had mentioned an alternative to the Free Trade Area Agreement. I do not blame Senator Nash at all for overlooking it because it was not the most convincing alternative I have ever heard of; particularly it was not convincing in so far as Senator FitzGerald was laying stress on not reducing the protection for Irish industry as much as we were doing. This is extraordinary coming from Senator FitzGerald who read a paper to the Irish Management Institute this year from which I propose to quote one or two extracts. It is published in the Journal of the Irish Management Institute called Management, volume 15, No. 5, May, 1968, and on page 20 Senator FitzGerald says:

All the emphasis is on keeping things as they are, on protecting the old-fashioned domestically-orientated industrial structure, on protecting the railways, on protecting Bord na Móna, on bolstering up an inefficient farm structure, with the result that an accumulated burden of support for all these economic activities weighs down the efficient, competitive sectors and enterprises.

On page 23 he finishes his paper with the following words:

But, first of all, we must rid ourselves of the defensive and protective attitudes that have bedevilled our recent economic history: industries seeking protection against foreign competition; turf seeking protection from oil; cereal growers seeking protection from imports of grain; railways seeking protection from road haulage; the private sector seeking protection from public sector competition. All these groups seeking to preserve an inefficient status quo that burdens and drags down our economy must be rejected and eliminated if we are to become a competitive economy capable of meeting free trade and of standing up to participation in an economic union with much larger countries whose industrial sectors are much longer established.

I do not quarrel to any substantial extent with the sentiments expressed by Senator FitzGerald in that paper. What I do quarrel with is that he should express those sentiments not so very long ago and that he should come in here today and suggest in relation to the Free Trade Area Agreement with Britain that we are reducing protection unnecessarily and that we are doing damage to Irish industry by reducing protection, when his contention in the paper was that in order to make Irish industry competitive we must reduce protection further. His first contention, the one in his paper, was the right one.

Does the Minister see no distinction between reducing tariffs and getting equivalent benefits in return, and reducing them and getting benefits in return that are not equivalent?

I would ask the Senator if in any part of the paper he has written in regard to the necessity to get rid of protection he said that we should get something in return. He did not say that, and he did not say it because he knows, as I know, that getting rid of protection is a necessary operation for the health of Irish industry. He also knows that, apart from it being necessary for Irish industry, if we want our economy to grow—and we do—we must be prepared to reduce our own protection to get access to other markets.

Yes, to get access to other markets.

Furthermore, he knows that at the time we were faced with concluding this agreement, all these factors were in our minds, that we were going to have reduced protection anyway, but it was a question of trying to get the best deal we could in return for doing something we had to do anyway.

Reduce protection, not eliminate it.

To reduce it gradually and ultimately eliminate it, as the Senator has suggested. Shall I quote him again or does he agree he suggested eliminating it?

Yes, eliminate it in return for equivalent benefits.

That is not what the Senator said.

The purpose of my address was not to discuss the Free Trade Area Agreement but to offer some inspiration to Irish industrialists to get on with the job.

I agree. As I say, the Senator's suggestion of an alternative to the Free Trade Area Agreement was not very convincing. I do not think he really believes in it himself. He painted an interesting and somewhat dramatic picture of how he saw the negotiations developing, but, although I did not take part in those negotiations myself, I am fairly certain it was not a true picture. The fact is that the negotiations which were conducted at that time were conducted in the context which I have mentioned, where it was necessary in our own interests to reduce and ultimately eliminate protection for our industry.

In those circumstances, we tried to get the best deal possible for us. While we felt that this agreement was definitely in the national interest, it was never suggested that there would not be sectors of the economy which would not, at some stage, be at certain disadvantages from the agreement. On the contrary, every attempt was made to bring it home to our industrialists, in particular, that they were going to feel the draught and feel it very strongly particularly if they did not take steps to adopt and rationalise their production.

Where do I find the Government's calculation of these losses?

That is another matter. I am coming to it.

The Senator suggested that the original comment by the Taoiseach on the British deposit scheme was giving away our case because the Taoiseach talked about a "breach of the spirit of the agreement". If the Senator thinks a little more about the actual situation in which the Taoiseach and the Government found themselves, he might alter his view on that. I drew his attention to the fact that to state that this particular action was in breach of the spirit of the agreement does not by any means preclude the statement being made that it was a breach of the letter of the agreement.

The Senator ought to try to put himself, some time, in the position of somebody who has to negotiate these kind of things. He might appreciate some of the subtleties involved. Certainly, he should understand them.

They are too subtle for me.

He ought to try to project his mind into that situation. I know he will never be burdened with that responsibility.

He will see that if we want to make an argument about whether there is or is not a breach of the letter of this agreement, and if we make that argument in public the moment the thing happens, before any negotiations take place, we are simply making a present to the British of the arguments we have in order to enable them to complete their case.

That is the weakest one I have heard for a long time.

I am very glad that Senator FitzGerald and Deputy Donegan are not handling the negotiations with the British in this case. We know what would happen. Senator Donegan's suggestion was half followed here today by Senator FitzGerald. Senator Nash dealt with it. Anybody who knows the first thing about business knows that we could not run business on the basis that our Government were arguing with the British and, in the meantime, this country's deposit scheme was going on and they would be waiting, from day to day, to see what would happen. This is the kind of ludicrous argument we have to put up with from people who should know better. If this is the best they can suggest, they should not try to pose as people who would know how to negotiate so much better than the Government. Indeed, I do not want to go back over history, as Senator FitzGerald did to some extent, but I am tempted to point to some of the negotiations carried out a long time ago by members of his Party and I would not regard them as the most successful negotiations carried out on behalf of this country.

1948 did a good job for us.

The Senator was going back a little farther than that, actually, and so was I.

The coal-cattle pact. Tell them "No Surrender."

I should also like to remind the House that what the Government did in regard to this deposit scheme was very widely welcomed by management and workers in all the industries involved—and there are very many of them, and there are many thousands of workers whose jobs are involved in this. The action of the Government was widely welcomed as prompt and effective in overcoming the difficulties. But what was done by the Government does not preclude, by one iota, our negotiating position with the British. However, our over-riding concern was to ensure that our exporting industries carried on, that the people involved in them could have security in their jobs. Having done that, we now have time to negotiate with the British. We have given away nothing as far as our position is concerned. There are steps open to us, in the event of its being established that there have been breaches of this agreement. We are not precluded in any way from taking these steps. However, we have taken effective action which has ensured that, while negotiations go on, our people at least will not be thrown out of work.

I said that there was to be a full-scale review of this agreement in addition to the normal negotiations which would take place, at any rate, in December. As the House knows, there has been a meeting at official level which will probably be followed by a ministerial meeting next month and possibly by a further meeting between the Taoiseach and the British Prime Minister. A full-scale review of the agreement is involved. I am not prepared to define it more accurately than that except to say that it involves having a look at the whole agreement, having regard to how it has operated up to now and how it is likely to operate in the future.

I hope my articles are useful.

The Senator is tempting me quite a bit.

Yield to the temptation.

I shall partially yield to it. I shall say this much. Senator FitzGerald said something here today. I have a considerable personal regard for him, as I think he knows.

My regard for him politically is somewhat less.

My regard for him in the economics sphere was a little higher than my political regard for him but considerably lower than my personal regard for him. However, he did say something here today that I must say surprised me, having regard to that regard. I questioned him on it so that he could dwell on it, if he wanted to do so, but he did not follow it up. He talked about the suggestion that has been made that the British might impose an anti-dumping duty. He said—I am summarising what he said but I think not unfairly—that if the British can do this then this agreement can do nothing.

In regard to the agricultural products which are sold below cost on home market.

Yes. He will recall that I told him I thought this a non sequitur. I asked him to develop it a bit. He said that this is not free access as was guaranteed by the agreement. This argument surprises me, to say the least of it. I would remind the Senator, if he needs reminding, that the agreement also provides that, in certain cases already and in all cases in the future, British industrial goods will have free access to our market. If his argument now is worth anything he is saying that we are not entitled to apply anti-dumping measures to British industrial goods coming in here.

But it is not so long ago since we had a measure here before this House which Senator FitzGerald suggested was not strong enough. Now, he cannot have it both ways. If free access means one cannot apply anti-dumping duties to our goods going to Britain then, equally, it means we cannot apply anti-dumping duties to British goods coming in here.

On the contrary. My understanding of the agreement was that anti-dumping provisions would not apply to agricultural goods, which are largely sold below cost, but, in relation to other goods, anti-dumping provisions could apply in both directions. If I am wrong in that I should like to be told so.

On what did the Senator base his conclusion?

On the provisions in Article II. I may be wrong. I am open to correction.

The Senator will appreciate why I do not wish to pronounce on that at this moment. I am, as it were, fighting a battle on two fronts, as the Senator will appreciate.

I appreciate that.

Nevertheless, it seems to me that what the Senator has now said makes a little more sense than what he said the first time, which did not make any sense at all to me. In view of what he has said now I shall not pursue this further, but I should point out that, if there were an anti-dumping duty applied in the case of cheese—I am not now saying whether it can or should be applied—the effects of that would want to be examined in relation to its application to all suppliers to the British market before we could pronounce on its effect on ourselves.

The Senator gave a number of figures in relation to his calculations of gains and losses for us under this agreement. His calculations of the gains, whatever about the losses, were very narrowly based in my opinion. Senator Nash made some reference to some of the items Senator FitzGerald omitted from his calculations and I believe there are a number of other items which can be included. May I suggest to the Senator that it is not enough for him to say he has made these calculations and, if we do not knock them, they are right. His calculations should be demonstrably more in accordance with the factors which operate, factors which should be taken into account. There may be room for argument as to how the calculations are made, or something like that, but the Senator has ignored so many possible factors that one might measure that it just is not good enough for him to put forward these calculations and imply that there is an onus on the Government to demonstrate that they are not true. If the Senator is wondering as to whether or not I am taking a partisan view on this, let me remind him that his own Party does not appear to have taken that too seriously either in the sense that Fine Gael did not oppose this agreement.

The Fine Gael Party made its position clear.

They may have made it clear to the Senator, but there are very few of us, including Senator Murphy, who are clear on it.

Rightly or wrongly, they believed that the 1966 Agreement replaced the 1948 Agreement and, had this Agreement been overturned we would have had no agreement.

I know Deputy T.F. O'Higgins made that argument in the Dáil, but I am surprised that Senator Garret FitzGerald should follow it up.

Deputy Corish demolished it pretty quickly. This is not really the position of the Fine Gael Party. What they said at the time——

That is what they said at the time.

——is much more relevant. Senator Nash gave the quotation. Now Deputy Donegan has many faults but he certainly tends to be honest in his arguments—I will say that for him —as the Senator will see from the debate in the Dáil. It is not good enough for the Fine Gael Party to come along now and say this agreement should never have been signed.

I said it before the agreement was announced and before ever it was signed.

I am afraid the Senator's Party did not say that. To tell you the truth I would have a little more regard for them if they had. I think the Fine Gael Party is, and not for the first time, trying to have the best of both worlds. This is a very dicey occupation. What happens to people who try to do this is described as falling between two stools; that is another way of putting it. Again, that is a fate with which the Fine Gael Party is not unfamiliar. I suggest they do not seem to have learned very much from the past. They are doing exactly the same thing on this but, as far as we in the Government are concerned, we believe the Free Trade Area Agreement was the best that could have been concluded. We do not say now, and we never said, that it was an agreement without defects, that it was an agreement about which we had, or could have, no reservations.

A balanced agreement.

Any such agreement is, of course, impossible between two countries.

A balanced agreement is possible though.

There is no such thing as an agreement about which one would have no reservations. One would have to give a certain amount in return.

But a balanced agreement is possible.

We believed, and still believe, that this agreement was a balanced agreement. We believe, contrary to what Senator Murphy said, that it can be clearly demonstrated that it has been operating so far to our advantage——

I made that clear.

——as against the British. I think Senator Murphy said the contrary.

£2 million of the taxpayers' money.

That about balances it up.

Of course it does and the Senator knows it. Up to now it has operated to our advantage. Senator FitzGerald argued that it will in future operate to our disadvantage. One can argue in various ways on this and Senator FitzGerald has done so but, as I have tried to indicate, I do not think his conclusions are anywhere near the mark because he has left out too many relevant factors.

Would the Minister like to listen and attempt a calculation? Otherwise his remarks are valueless either here or elsewhere.

The Senator ought to look again at the major factors he has left out——

I would love to if I knew what they were.

——before he seriously suggests his figures should be taken without question. As far as we are concerned, we believe that this agreement will in the future, as in the past, operate satisfactorily subject to the qualification that the agreement must be carried out.

If it should happen that the agreement is not carried out on the British side then, of course, the steps we would have to take in such circumstances might be different from those envisaged when the agreement was originally concluded. I am not saying now that we propose to take action different from that originally envisaged. What I am saying is that we want to ensure that this agreement operates as it was intended to operate and, if anything should occur to prevent that happening, then the obligation on the Government and the inclination of the Government would be to take such other steps as are necessary to redress the balance. The House will appreciate, I hope, that I am limited in how much I can say in the circumstances. I think I have put it as far as I can put it to make it clear to the House and the public that, if I may put it in colloquial terms, we do not intend to be pushed around.

Amendment, by leave, withdrawn.
Question put and agreed to.
Agreed to take remaining Stages today.
Bill put through committee, reported without recommendation, received for final consideration and ordered to be returned to the Dáil.
Top
Share