Seanad Éireann debate -
Wednesday, 9 Dec 1981

Vol. 96 No. 13

Joint Committee on the Secondary Legislation of the European Communities: Motion.

Mrs. G. Hussey

I move:

(1) That a Select Committee consisting of 8 members of Seanad Éireann (none of whom shall be a representative in the Assembly of the European Communities) be appointed to be joined with a Select Committee to be appointed by Dáil Éireann to form the Joint Committee on the Secondary Legislation of the European Communities

(a) to examine

(i) such programmes and guidelines prepared by the Commission of the European Communities as a basis for possible legislative action and such drafts of regulations, directives, decisions, recommendations and opinions of the Council of Ministers proposed by the Commission,

(ii) such acts of the institutions of those Communities,

(iii) such regulations under the European Communities Act, 1972 (No. 27 of 1972), and

(iv) such other instruments made under statute and necessitated by the obligations of membership of those Communities

as the Committee may select and to report thereon to both Houses of the Oireachtas; and

(b) to examine the question of dual membership of Dáil Éireann or Seanad Éireann and the European Assembly and to consider the relations between the Irish representatives in the European Assembly and Dáil Éireann and Seanad Éireann and to report thereon to both Houses of the Oireachtas;

(2) That in the absence from a particular meeting of the Joint Committee of a member who is a Member of Seanad Éireann, another member of Seanad Éireann may, with the authority of the absent member, take part in the proceedings and vote in his stead; and that members of Seanad Éireann, not being members of the Joint Committee, may attend meetings and take part in the proceedings without having a right to vote;

(3) That members of Seanad Éireann who are representatives in the Assembly of the European Communities be notified of meetings and be allowed to attend and take part in the proceedings without having a right to vote;

(4) That the Joint Committee, previous to the commencement of business, shall elect one of its members to be Chairman who shall have only one vote;

(5) That all questions in the Joint Committee shall be determined by a majority of votes of the members present and voting and in the event of there being an equality of votes the question shall be decided in the negative;

(6) That every report which the Joint Committee proposes to make under this Order shall, on adoption by the Joint Committee, be laid before both Houses of the Oireachtas forthwith, whereupon the Joint Committee shall be empowered to print and publish such report together with such related documents as it thinks fit; and

(7) That five members of the Joint Committee shall form a quorum of whom at least one shall be a member of Dáil Éireann and at least one shall be a member of Seanad Éireann.

Mr. Ferris

I second the motion.

Mrs. Robinson

Although I am very much in support of this motion which effectively establishes, as far as this House is concerned, the joint committee it is regrettable and a matter that this House should not let go by without comment that we passed the expediency motion to establish a joint committee at the beginning of November. We sent a message to the Dáil — indeed it is referred to here—

That Dáil Éireann concurs with Seanad Éireann in its Resolution communicated to Dáil Éireann on 5 November, 1981.

yet, on 9 December we are only passing the second motion necessary to establish the committee. We have not yet selected the people who will man this joint committee nor, obviously, has this joint committee been able to meet to choose its chairman and the chairmen of the subcommittees and get to work. It looks as though it may be difficult — I would like the Leader of the House to comment on this — to get this joint committee under way before Christmas.

That is deplorable on several grounds. The staff of this joint committee have been waiting around for the committee to be reconstituted. It has a statutory duty to fulfil under the European Communities (Amendment) Act, 1973, to examine the implementation here of European community secondary legislation, particularly important directives which affect all aspects of our life. Also, it has an extremely important political role, to scrutinise, as a watchdog committee, the draft measures and the programmes at EEC level. We are all too acutely aware of how much decision making has been transferred to Brussels and how much of it deeply affects every aspect of our economic and social lives. It is very serious indeed that this joint committee is still going only through the procedural motions to establish it. It is very serious that the Seanad, having taken a welcome initiative — I should like to commend the Leader of the House on the fact that we did move the expediency motion and referred it to the Dáil — must wait such a period of time before the matter is referred back to it for the motion establishing it. Of course, there will have to be a further motion in the Dáil. I would like some commitment and undertaking that this joint committee will meet and have its first business session before the Christmas recess because of the importance of the work involved.

Mr. Quinn

I share the concern voiced very passionately, and with righteous anger, by Senator Robinson. I would like, in support of what she has said, to try to obtain from the Leader of the House and, indeed, from all parties and Independents here, and their corresponding colleagues in the other House, that the procedure being adopted in relation to this motion will not serve as a precedent for item No. 2 on the Order Paper.

Mr. O'Connell

I should like to associate myself with the concern expressed by the other two Senators on this matter. We all know that whether or not our committees are being established the EEC is not inactive and that there is a very substantial amount of material coming through every week and indeed every day. By delaying the implementation of this motion and by failing to set up this joint committee at the earliest possible date we are saddling that joint committee with a very substantial weight of business that will have to be dealt with.

Senator Robinson has emphasised the way in which the secondary legislation of the European Communities impinges upon every aspect of our national life and in a highly practical fashion. That is to say they are dealing with matters which are of immediate concern to our citizens, not of an obstruse nature. I should like to support the other two Senators in urging an immediate movement on this joint committee.

Mr. E. Ryan

I share the views of the other speakers about the delay in introducing this motion. I am even more concerned by the fact that in respect of another joint committee which was in existence during the last four years no motion has even been presented to the House at this stage. That is in connection with the Joint Committee on State-Sponsored Bodies. I hope that whatever delay there has been, whatever the difficulties are, they will be overcome as soon as possible and that that Joint Committee on State-Sponsored Bodies will be reestablished without further delay and will be enabled to begin operations immediately after Christmas.

Mrs. G. Hussey

I should like to welcome very much the concern expressed by Senators about item No. 1 and, indeed, about other joint committees. We had in this House an extremely solid and valuable debate on the setting up of the Joint Committee on the Secondary Legislation of the European Communities and it was full of strong resolution and very good suggestions. I am also very well aware that there are many Senators who are anxious to get to work on those important joint committees. Perhaps we could arrange that our own Committee of Selection should proceed immediately to appoint our Members to this joint committee and should convey that to the other House. I want to say quite clearly that I find it very difficult to understand the delays arising on these committees and I assure the House that I will proceed to make very strong representations on the Seanad's behalf. I hope to be able to report to the House at an early stage on what exactly the situation is and how soon we can expect to be able to start the work of the committees mentioned.

Question put and agreed to.