Last night I had been making a case for having this report give an indication of the political development of the Communities and also Government policy in relation to these developments, so that the Oireachtas could play a useful role in debating this report and have some accountability from the Government. Therefore, I had expressed criticisms of the content of this the first report because it is a bare factual report, summarising matters which can be found elsewhere; indeed, often disguising the real policy considerations behind the report. Going progressively through the chapters of the report, I had come to the chapter on Company Law and I had referred to the fifth draft directive on company law from the European Communities. This directive could result in a fundamental change in Irish company law by a new structure of companies, particularly by this concept of worker-participation.
I am disappointed to see how little debate either in the trade unions, in this House or in general in Irish life there has been on this question of industrial democracy. If this directive is to be implemented in the near future, we ought to have much more consideration of its implications here and adopt a much more positive approach to it. Therefore, I regret that the very minimal coverage in this report does not give an indication of Government thinking and does not really give an opportunity for a fuller debate on this very important subject.
The next item I should like to look at is chapter 11.13 on the Convention on Jurisdiction and the Enforcement of Judgment in Civil and Commercial Matters. This convention has come into force since February, 1973, for the original six member states and will come into force soon for the three new members. It is an extremely important legal convention. It will make a vast change in the role of the courts in recognising and enforcing foreign judgments. It will have vast legal implications. It will always have important political implications too, which are not indicated here at all. One area in which it will have significant political implications is that of the recognition of maintenance payments. Every public representative is aware of the hardship caused by the failure to have maintenance orders made in Ireland enforceable in England and vice versa.
Efforts have been made over the years to get agreement on a bilateral basis in relation to this. It does seem that this convention will require the enforcement of maintenance payments. This is extremely important. It is a matter of high policy content but there is no indication here of what is involved. I regret this very much because it means that the debate cannot be a very constructive one. The wording about the present position is rather typical of the approach of this report. I quote from the second paragraph under this heading, which states:
...A working group representative of all member states of the enlarged Community, is now engaged in the examination of the problems of adaptation of the Convention to meet the requirements of the new member states.
Who is on this working group? Have consultations been held? What are the factors involved? Surely we could have a little more information as to the background of what is, in fact, a very important convention. To what extent has there been consultation either with the judiciary or with the legal profession? To what extent is there involvement of the people to whom this makes a vast difference? To what extent will there be more publicity about the discussions which are going on?
The next chapter deals with the policy in regard to the environment. Here, again, if we are to believe that this report covers the developments in the Communities up until the 15th May I find it very disappointing that it does not cover the draft Council's resolution on the environment which is dated the 10th April and which is an extremely important draft resolution recommending extensive Community action relating to the environment, recommending that the Community would have a sort of monitoring role in relation to even State activity in relation to the environment. None of this is clear although this was all published on the 10th April. It does not appear in this report which was supposed to cover developments until the 15th May. What would be useful here would be an indication of the Irish approach to this question of the environment. Are we going to take it more seriously on a national basis? There have been rumours about a Department of the Environment. If one looks at the scope of the Community activity and the extent to which there will be an exchange of information and joint enterprises, there is a very strong case for a Department of the Environment to allow us to play a full part in the Community activity and to expand our national activity in protecting the environment.
The next subject I should like to look at is the question of regional policy. This is the area which has given rise to most of the discussion. We seem to view the Community through the eyes of a regional policy. That is not a bad way to look at it but once again the actual chapter on regional policy, although it does refer to Commissioner Thompson's report on regional policy which was published early in May, is disappointing, because it does not really give an indication of the consideration involved or of the necessity that the regional policy be more than just a word. There is no attempt to go deeper into the whole concept of regions. It is important that we appreciate that within the complexity of the European countries there are at least four different types of regions. There is the region which has a national minority in it and which has a strong cultural and historical difference such as in Brittany, Wales or Flanders. That is the first type of region. There is the second type of region in which an existing administrative unit has been formed, very often not of a very long historical background such as some of the Laender in Germany and the Italian regions. The third type of region is the trans-frontier region where for various reasons to do with the development of a particular area which crosses countries' boundaries there is a joint administrative machinery. Examples of this are the Regio Basiliensis and Schleswig-Holstein. There are strong arguments for trying to create this sort of unit between the north-west and northern part of this country. Fourthly there is the economic region in the sense of a Community regional financial policy.
We ought to look closely at the Thompson report for this reason, because it only deals with the economic region. Perhaps this is one of the reasons why Europe has not achieved, as yet, the human face that is talked about so much. There is a great deal more to regionalism than the economic aspects of it, important as they may be. There is the importance of treasuring and fostering cultural diversity, recognising the traditions that are there. We ought not to allow all debate on regional policy to be narrowed purely to the economic aspects. It might very well be that Europe could achieve much more relevance and popularity with the people living in the unit of the Community if we were to emphasise the importance of this cultural diversity and if we were to try to work out a convention which protected cultural minorities, the rights to a language, the right to self-determination within areas, which reconciled differences and which encouraged the peoples of Brittany, Flanders, Wales, Scotland and particularly the Gaelic areas of Ireland to realise that Europe protected rather than destroyed them. We do not want a homogenised single culture Europe. This is part of regional policy in its full sense but it is not part of the present regional policy as conceived by the Community.
The other point I wish to make about the Thompson proposals is that they rely very much on national regional policies. In chapter 15.5 paragraph (a) it is stated:
Community regional policy cannot be a substitute for the national regional policies which member states have been conducting for many years. It must complement them with the aim of reducing the main disparities across the Community....
Here the responsibility lies with ourselves. We do not have, I would maintain, a sufficiently co-ordinated, clear and devolved regional policy. We have various types of regions for various reasons. We have one type of region according to the IDA, another type of region according to Bord Fáilte, another type of region for purposes of health. We do not have any representative structures at the regional level. This is very important. If the Community regional policy is to be a reality, then the Commission is going to look for structures beneath the national level which are representative and with which it can deal. This must come. The Commission must be able to talk to representatives of regions. We do not have representative bodies at regional level.
Senator Lenihan was much too optimistic about the approach of the Commission that has designated Ireland as one region, but is prepared to say that within that one region there are areas of greater need than others, for example, the west and the south-west. What the west and the south-west should have is representative regional bodies to articulate this point, to speak for that region to the Commission and to examine and plan for the needs of that region. This is the trend in other countries. In Britain, for example, the Kilbrandon report will recommend regional assembles for Scotland and Wales. There will be a devolution of power. We ought to examine how to set up in our own internal regions representative structures which can benefit from a Community regional policy. This ought to be done as a matter of urgency. As a complement to this in our legislative policy we ought to examine whether in all cases centralisation is a good thing. We do not ask the question any more when it is decided that the Government will be involved in a new activity.
There is always the demand that the Government do something, that they set up a particular machinery, or that they take over a particular activity. This is the increasing tendency. We never say it would be better to let it be carried out at a regional level rather than at a centralised, Dublin level. If we have representative structures at the regional level we could ask this healthy question: "Do we really want this also centralised in a Dublin bureaucracy or do we want it devolved to allow more participation by the citizens around the country?" There are vital questions for our own internal regional policy on which the Community policy will only be a supplement and not a substitute, certainly in the near future.
Regarding the social policy of the Community we need to do much more thinking about our own social policy and labour relations. Efforts have been made to introduce the concept of equal pay in the public service. I hope we have an opportunity to debate the Report of the Commission on the Status of Women and I hope we will be able to push this a great deal further because equal pay in the public service is only a very small first step.
Also, in chapter 16.14 of the report reference is made to the proposed regulation dealing with conflicts in labour law:
A draft regulation under consideration since 1972 would provide that labour relationships generally would be governed by the labour law in force in the State in which the worker is employed even though his employer's headquarters may be located elsewhere in the Community.
If I were a worker in one of the six original member states I would not be happy if I should come here and be governed by the labour law in this country. As far as I know, we are the only country without an unfair dismissal compensation. I think our labour law could be regarded as very primitive. It is part of the social policy of the Community that each of the countries improve their own internal labour relations and protection for workers. I think that we may find that we are a stumbling block in the evolution of a Community social policy unless we put our own house in order very substantially.
On a specific matter which is under the Community social policy—I am not quite sure why—I should like to ask a question in relation to the European University Institute in Florence for which the Convention has been entered into and ratified by Italy and with which plans are going ahead. It is stated there that Ireland is represented on a preparatory committee. Who is representing Ireland? Is it university representation? Have there been consultations with our university? What is our approach to this university in Florence?
I hope it is intended to set up a European school in Ireland. I think that this would be a very useful contribution to creating a European awareness in this country.
That is all I want to say about the report itself. I now want to turn to the other important matter contained in the Minister's opening speech, which is the question of the Joint Committee on European Affairs. Like the other Senators who have spoken, I welcome the commitment to set up this Joint Committee and I welcome in particular the fact that the Government are prepared to amend section 4 of the European Communities Act. I think that this is a very welcome and a very flexible step on their part. I am not, however, quite satisfied with what the Minister has said in that opening speech about the Committee. He does not make it clear whether this Committee will be a Select Committee. I think the arguments are very strong that this Committee must have the powers of a Select Committee if it is to be a reality. It must have powers of a Select Committee because it must be able to call for persons and records. It could be worked out that, instead of having consultation between the Parliament and the bureaucracy in the Civil Service, there would be co-operation. It would not be necessary to give powers of subpoena to the Committee. One could try to work for a very real co-operation. If the Committee cannot call for expertise from outside, if they cannot ask the head of the IDA, for example, to come in and say what the implications might be, to ask the official in the particular Department implementing a particular proposal to come and explain to the Committee, then that Committee is reduced to a very minimal level and it is not sufficient to give that Committee a good Secretariat. Without the power to reach out for information that Committee cannot report as it is intended that the Committee would report, on specific proposals in a meaningful way because it would be too confined in what it could do.
I should like to make some points, first of all, about the way in which the Oireachtas, in general, ought to approach membership of the Community. I do not think that it is sufficient to create a Committee and then forget about Europe. The whole dimension of Europe must be something of which all Members of the House are aware and on which all of them have a possibilty of getting sufficient knowledge and information. I would draw the attention of this House to the procedure in the Westminster Parliament. I do not give this as an example we must slavishly follow but to show that we can learn from the way in which other parliaments operate. Members of both Houses are sent weekly lists of the proposed legislation from the European Communities and there is a part in it which can be filled in if a member wants the particular proposals for regulations and directives sent to him. This is very important because, increasingly, the draft regulations and directives of the Community will be of interest to particular sectors and therefore to particular public representatives who have either a local factory which could be affected or a local industry. It is not enough to have a Committee. All Members of the House should have the facilities of knowing what legislation is coming from the Community and have it sent to them if necessary.
I think that we ought to consider the possibility of rearranging the procedures of the House. For example, it should be possible to have a special day for questions on Europe so that the Ministers may reply to questions on the European activities which affect their Departments, so that there can be a comprehensive assessment of Government activity on a day-to-day basis through this Question Time. Again, the twice yearly debate in each House on the report of the developments in the Community is another additional way in which the Parliament can adapt to membership of Europe.
Returning to the question of a Joint Committee, I feel if this Committee is to be really effective it must be a Select Committee, having powers to call for persons and records. I also believe it should have a paid chairman in the same way as the Ceann Comhairle and the Cathaoirleach. This would mean that the chairman of the Committee would regard his work as full time and the necessity for this arises from the fact that the Dáil rises for a very long period during the summer while the Community does not. The holidays of the European Commission are much shorter than the holidays of the Dáil at various times of the year. If the chairman is actually paid for this position and therefore has the status of and equivalence to the Ceann Comhairle or the Cathaoirleach, he can be expected to be working and the members of the Committee can be expected to be called during off-periods when the Dáil or Seanad are not in session. I also think that the staff of the Joint Committee should be responsible to the chairman of that Committee and be separate from the general staff in the Oireachtas so that it would not mean that the Joint Committee would be using a part-time official who had about ten other functions to perform and who could be called away to do these other things. We need to define the staff of this Committee who will be responsible to the chairman of the Committee.
I do not think that a membership of ten delegates to the European Parliament and ten others is sufficient. Senator Yeats made the point that the delegates to the European Parliament might be absent for a good deal of the time and even when they are present they may not have the time to devote to committees. They may want to be in the more public arena of the floor of the House. Therefore, it is a burden on them to some extent. They ought to be allowed to participate in the work of the Committee but they are not going to be very real members of it.
I believe that the Committee should be at least one-third as big again. It should be at least a Committee of 30 members, including the delegates of the European Parliament. If one looks at the possibility that the membership from the Seanad will be three and the membership from the Dáil will be seven I believe, speaking as an Independent, it will be sad to see how that will be parcelled out and how very few Members of the Seanad, who wish to participate, will be able to do so.
It would be better to involve a larger number on the actual Committee and also—this is very important—to give access to all Members of both Houses to the sittings of the Committee and the right to participate if they so wish. This is an important way of creating an awareness of the European dimension rather than having an elite who huddle in a corner and have secret discussions on proposals. If there was a right of access to all Members to the deliberations of the Committee it would be a very useful exercise.
A larger Committee of at least 30 members would create the possibility of having some sub-committees. It will be necessary to have some sort of sifting process, probably by the chairman and the officials of the Committee, for the more important recommendations. It is stated in the Minister's opening address that the Committee will report to the Houses of the Oireachtas and I think this is to be welcomed but it is very important that the Committee be allowed to publish their reports so that there will not be a delay while they are being laid before the Oireachtas. Secondly, I think the Committee should have the power to decide in which language the report will be published or whether it should be published in both languages. Anybody dealing with reports of Committees of the Oireachtas knows of the very long delays that can sometimes occur. It is necessary that this Committee be able to report very quickly after they have completed their deliberations either on specific proposals, such as the proposal for regional or social policy, or on a series of individual draft proposals of the Community.
I would like to make one final point on the question of a Joint Committee. I see a need for a body—I am not sure if it would be appropriate that this would be a subcommittee of this Committee or another ad hoc body— to look at the legal consequences of Ireland's entry into the European Community. There is a necessity for a scrutiny of specifically legal draft instruments. We need to examine the changes in domestic law which would be either desirable or necessary as a result of Community draft instruments. We need to know the effect of directly applicable regulations on domestic law and we need to examine the most appropriate means of passing European legislation into our domestic law. Here again I would disagree with Senator Yeats who seemed to think that it was not a function of such a Committee to decide on choice of means and that the Government should not ask the Committee to do so but should come forward with draft proposals.
I would welcome the fact that the Government would consider asking the Committee about the question of choice of means of implementing Community secondary legislation into domestic law because, very often, there could be quite an important policy consideration involved. Take, for example, the fifth directive on company law which talks about worker participation; surely nobody here would like to see that implemented by a regulation under the European Communities Act rather than by a full Irish statute that went through the Oireachtas and was debated very fully in both Houses. That would be the appropriate method to implement a welcome change in Irish company law of that sort.