Seanad Éireann debate -
Wednesday, 9 Jun 1982

Vol. 98 No. 3

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

Mr. E. Ryan

I move:

(1) That Seanad Éireann concurs with Dáil Éireann in its Resolution communicated to Seanad Éireann on 26 May, 1982, that it is expedient that a Joint Committee of both Houses of the Oireachtas (which shall be called the Joint Committee on the Secondary Legislation of the European Communities) be established consisting of—

18 members of Dáil Éireann and 8 members of Seanad Éireann (none of whom shall be a representative in the Assembly 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 Joint 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 provision be made for the appointment of substitutes to act for members of the Joint Committee who are unable to attend particular meetings and that members of either House, not being members of the Joint Committee, be allowed to attend meetings and to take part in the proceedings without having a right to vote;

(3) That representatives in the Assembly of the European Communities, who are also members of either House, be notified of meetings and be allowed to attend and take part in 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 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. McDonald

I would like to say how much I welcome the introduction of item No. 4. It is just too bad that at a time when the European Community has been experiencing so much difficulty that our Joint Committee on Secondary Legislation has been inoperative for almost a year now. I hope that this task will be entered into with vigour so that an examination of the very many problems that affect our situation vis-a-vis the Community will be embarked upon with the least possible delay. There is no doubt that the administration of the Community, as far as we are concerned, requires close scrutiny, even if it is only to try to keep abreast of the many and costly frauds that are operating, especially in certain sections of the CAP and also in regard to such matters as the annual price review which have been slowed up.

It is unfortunate that we did not have an opportunity through the joint committee of giving our Ministers the value of the views of the representatives here who appreciated the problems of people who have been deprived of benefits as provided for them through the Treaty of Rome and various directives and regulations. I welcome the passing of this motion. I hope we will have the appointments to the joint committee made next week.

Mrs. Barnes

I also welcome the setting up of this committee and join with Senator McDonald in regretting that it has not been working for such a long time. It is particularly important that we should have such a working, strong active committee for two reasons. Very often, because we are physically divided from the mainland of Europe and because such emphasis has been put on the economic role of the European Community, we either forget, do not know or ingore the very important social role that legislation has played on the whole dimension of the European Community and particularly as it affects Ireland. I welcome such legislation in so far as the Irish electorate should be made aware not alone of the legislation but the implications of such legislation. The more detailed the discussions, the more active and positive our role is within this committee, then the greater will be our communication with the electorate. A special effort has to be made regarding Ireland because, not alone are we physically divided from the mainland but very often we are separated from the mainstream of European thinking. However, I cannot stress enough the importance of such a committee and the need for positive discussion and, then, with the help of the media, we can communicate our ideas to the electorate in general.

Minister for Defence (Mr. Power)

I wish to apologise for the absence of the Minister for Foreign Affairs. I share the views expressed by Senators. I feel very strongly that Irish thinking should be injected into legislation before it is enacted and that way we can influence it. Senators will be aware that steps involving the reconstitution of the joint committee are somewhat complex and cumbersome. It proved impossible to finalise the necessary procedures in time for the committee to meet during the lifetime of the last Seanad. The Government are very conscious of the crucial importance of monitoring developments in Community affairs in a structural and effective manner. We must rely on the co-operation of both Houses and all parties. This has been the hallmark of the committee's work up to now and we are going to move with all possible speed to reconstitute the joint committee at the earliest possible date.

Question put and agreed to.