I am pleased to have been given the opportunity to open this afternoon's discussion and update the House on the outcome of the European Convention and the opening of the Intergovernmental Conference. I know many Senators followed the work of the convention with keen interest through the Joint Committee on European Affairs and other fora and I hope they will continue to follow developments at the Intergovernmental Conference with equal interest.
The Government is committed to keeping the Oireachtas and the public fully informed of developments at the Intergovernmental Conference. The Minister for Foreign Affairs and I briefed Dáil Éireann last week on its opening in Rome, and the Minister will brief it tomorrow as part of the report on the outcome of last week's European Council meeting. Members of the Oireachtas will also have received the explanatory guide to the draft constitutional treaty published last week by the Department of Foreign Affairs. The Joint Committee on European Affairs proved extremely useful during the European Convention by allowing for an exchange of views between the Government and the Oireachtas. I hope its good work will continue to play a vital role in informing our deliberations at the Intergovernmental Conference.
The Taoiseach will speak and answer questions at a meeting of the National Forum on Europe at Dublin Castle tomorrow. The forum has also planned a programme of meetings with a view to monitoring developments at the Intergovernmental Conference. The Government is publishing its formal submissions to the Intergovernmental Conference on the Department of Foreign Affairs website, thus maintaining the spirit of openness and transparency that marked the work of the convention. Our aim is to ensure the public, Members of the Oireachtas and all interested parties are as informed as possible on issues relating to the Intergovernmental Conference.
When I last appeared before this House at the beginning of June, the negotiations at the convention were approaching their final stages. On that occasion, I spoke in very positive terms of what had been achieved. Now that the convention has concluded, I am pleased I can repeat a great deal of that praise. The convention method itself helps to explain much of its success. Drawing together governments and national parliaments from both current and future member states, the European Parliament and Commission, as well as observers from employers and trades unions, youth and civil society, it could fairly claim to be representative of the views of all European citizens.
We were almost unique in Ireland in that three of our four Oireachtas representatives came from Opposition parties. The Irish convention team was universally recognised as having been one of the strongest. I pay a particularly warm tribute to Deputy John Bruton, who played a particularly strong role as a member of both the Praesidium and the convention, and Proinsias De Rossa, as well as their alternates, Deputies Carey and Gormley. They comprised a very strong team.
I thank my predecessor Ray MacSharry and my alternate, Bobby McDonagh, of the Department of Foreign Affairs. I also thank the officials of the Department of Foreign Affairs who played an extraordinary role in briefing not just me and the Government representatives but all sides. I refer in particular to Rory Montgomery and Helen Blake, two officials who proved once again, as if we needed proof in this House, that Irish public officials can stand up to competition and are certainly equal to those of any other member state. Our officials did considerable service to the nation in the way they approached their task. All of the Irish members engaged positively in the convention and our contribution is reflected in the final text.
The convention's commitment to openness and transparency meant the thousands of papers, contributions, draft amendments and the views of all participants were publicly available to all. It is almost unimaginable that we could return to the old methods of treaty change and I am very pleased that the convention method is set to become the norm in the future.
There is a great deal in the draft constitutional treaty to recommend. It found consensus where consensus had proven impossible in previous treaty negotiations. The convention managed to find agreement on the following: a single legal personality for the Union; a simplified and comprehensible legislative framework; the clear delineation of the roles of the Union and the member states; the incorporation of the Charter of Fundamental Rights into the draft constitutional treaty, without expanding the Union's area of competence; and the consolidation of the existing treaties in a coherent and comprehensible way. The convention also produced a very striking outline of the values on which the Union is based, including human dignity, liberty, democracy, equality, the rule of law and respect for human rights, and objectives including the promotion of peace, freedom, justice, sustainable development and full employment. These values are espoused by all public representatives and, most importantly, by every citizen in the State.
Navigating the Union's decision-making procedures can often seem like navigating through a very complex maze. The convention recognised this and proposed radical changes. The so-called three-pillar structure has been abolished and the number of different legal instruments has been substantially reduced, from 15 to five. The remaining legal instruments have been renamed to make them more easily understood and to bring them more into line with national practice in the member states.
The convention has also taken a significant step forward in enhancing the role of national parliaments and in monitoring the application of the principle of subsidiarity. Commission proposals will be sent to national parliaments at the same time as they are sent to governments and the European Parliament, and national parliaments will be empowered to object to the proposals if they feel that subsidiarity has not been respected. This innovation will be very welcome to Members of this House. Where one third of parliaments, or more, objects, the Commission will be obliged to reconsider its proposal. At the end of the legislative process, if parliaments feel their concerns still have not been addressed, they can have recourse to the European Court of Justice.
As might have been expected, considerable attention has been paid to the convention outcome regarding the institutions. The Government has welcomed it because the convention proposals in general have respected the balances between the member states and the balances between the institutions. Those balances have been critical to the success of the Union to date.
The Intergovernmental Conference will, however, involve further detailed discussions on these key issues. For example, some small countries were among the early advocates of a long-term President of the European Council. We did not seek the creation of this post, but we believe it is now defined in a way that protects the interests of the Commission and which will ensure its holder is more chairman than chief. We hope it will, as its supporters argue, bring more coherence and a longer-term perspective to the work of the European Council. Likewise, a small number believe that a restricted Commission is more likely to be collegiate and effective than one in which every member state is represented. The countervailing and increasingly supported argument that a Commission drawn from the widest possible range of member states is more likely to be aware of and responsive to concerns on the ground, and thus more legitimate, is also very strong.
The essence of the convention compromise, that all member states will be represented at all times but with a smaller number of voting commissioners appointed on the basis of strictly equal rotation, is broadly acceptable to us. Although it builds on the proposal agreed at Nice, aspects of the arrangement need to be teased out. For example, what precisely would be the roles of the voting and non-voting commissioners? On the other hand, many countries are arguing strongly for one voting commissioner per member state. If this can be achieved on terms which protect the genuine equality of all commissioners and member states, as was agreed at Nice, we would welcome it. At the end of this process, we want a Commission which is effective, embraces genuine equality and serves and reflects the interests of all member states, large and small. Throughout the process, I have repeatedly emphasised that equality is of the essence.
A third key element of the institutional package proposed by the convention relates to the definition of a qualified majority in the Council of Ministers. It is proposed that a qualified majority would consist of a majority of member states representing more than 60% of the population. This is known as the 50-60 formula. While I would have been comfortable retaining the Nice voting weights, I can happily accept the convention text. The new proposals have the considerable advantage of greater simplicity and should also lead to greater efficiency in decision-making. In any case, Ireland's weight at the Council table has never been measured in terms of population. Instead, our success has been determined by our ability to build and maintain alliances and the force of our arguments. This will continue to be the case.
At the meeting in Rome on 4 October to open the Intergovernmental Conference, the Heads of State or Government of the member and observer countries, including the Taoiseach, set out their broad negotiating stances. The Taoiseach made clear that we will respect the outcome of the convention as a good basis for our work. We do not wish to see all its work unravelled, nor do we want the Intergovernmental Conference to be simply a rubber stamp. We have a number of key concerns we wish to see addressed, including decision-making in taxation matters and other matters in the justice and home affairs area.
An ongoing political discussion regarding the institutions will need to conclude before we reach final agreement. While we support the further extension of qualified majority voting, with co-decision by the European Parliament, there remains a small number of areas where unanimity must be maintained. One of these areas, identified by Ireland at the outset, is taxation which is central to the relationship between citizens and their governments. While I am glad the convention draft retains the need for unanimous decisions in almost all areas of taxation, the Government will continue to oppose any departure from this principle and will want to see a watertight final text.
The Convention has made important advances in recommending enhanced European action against cross-border crime. Deputy John Bruton, as chairman of the relevant working group, played a major part in this. It is also important, however, that the new arrangements do not affect the deeply rooted traditions and practices of member states or the constitutional rights of their people. We will seek to ensure that this is guaranteed.
Security and defence issues were discussed informally by Heads of State and Government and Foreign Ministers last week. These important issues will also be discussed in detail next month. The Government's main objective in this area is to achieve an outcome which will enable the Union to play a greater role for good internationally, while respecting the values and traditions of member states. At the Intergovernmental Conference, we will seek to clarify the various proposals contained in the draft treaty and, in doing so, we will argue that any new arrangements in the security and defence area should be transparent, inclusive and accountable to the Union as a whole. It is clear that further work is required in a number of areas, in particular, structured co-operation and defence.
The Convention proposals contain much that is welcome. Commitments to human rights, sustainable development, conflict prevention and the UN Charter are clearly stated in the principles and objectives of EU external action, to which Ireland contributed in the convention. The appointment of a European Union Minister for Foreign Affairs will increase the coherence and visibility of the Union's external action. The ESDP is central to the Union's efforts to develop a role in support of shared values such as peace, democracy and human rights. This year, the European Union has undertaken three missions in the Balkans and central Africa, which is fully consistent with our approach.
If the European Union is to make a contribution internationally, we need to further develop its civilian and military capabilities for conflict prevention and crisis management under the ESDP. The draft treaty states that enhancement of member states' military capabilities is in the context of the Petersberg Tasks. As a responsible member state committed to playing a part in peacekeeping and conflict prevention, we need to ensure that our capabilities, both civilian and military, are at a level that will enable us to continue to make a contribution to the maintenance of international peace and security.
Developing the Union's capacity in crisis management is fully consistent with our commitment to the United Nations. Kofi Annan has welcomed the role the European Union is playing in this area. Last month in New York, the European Union signed a declaration with the United Nations on co-operation in crisis management. It makes clear that the European Union and the United Nations are committed to working together in this area, a development which all Senators will welcome.
Ireland's commitment to the United Nations is undiminished. The Government will shortly seek the agreement of the Dáil for the deployment of a substantial Irish contingent to the recently established UN peacekeeping operation in Liberia. We will continue to play our part in support of the United Nations nationally and, together with our partners, through the ESDP. Equally, we will continue to make sovereign decisions, on a case by case basis, on whether to participate in future crisis management operations. As I stated clearly in the past, this means a Government decision, Dáil approval and United Nations authorisation – the triple lock mechanism.
We will also take our own decisions in regard to proposals for an EU common defence. While the current treaties already provide for the possibility of common defence, no agreement has been reached thus far to move in this direction. As I have made clear in the House previously, the proposals drawn up by the convention do not change the current position as regards common defence, on which Ireland's position is clear. While we have stated we would not stand in the way of others, we cannot participate in European Union common defence without the prior consent of the people in a referendum.
The proposals on security and defence need to be properly discussed by all member states and clarified. This discussion is just beginning and Prime Ministers had a useful debate on this issue last week. The Government is working to seek the clarification needed on these and other issues to secure an outcome that is good for the Union and acceptable to the people. We are working hard in the Intergovernmental Conference to ensure that our core concerns are addressed.
There is a group of other issues where we feel that improvements could be made to the text without fundamentally changing the balance and coherence of the convention outcome. For instance, ECOFIN Ministers, including the Minister for Finance, have been working to develop a consensus on changes to some of the budgetary and economic governance articles. The Government will also support a reference to God or Europe's Christian heritage in the preamble of the constitutional treaty should an agreed wording prove possible.
The Intergovernmental Conference has held four meetings to date, including two at prime ministerial level. The Italian Presidency is seeking to conclude the negotiations by the end of the year and the Government has expressed its strong support for its efforts to manage the agenda and conclude the Intergovernmental Conference before Christmas. Should it not prove possible to find agreement, we will be fully prepared to take on the work and conclude the new constitutional treaty in time for the European Parliament elections next June.
Discussions will be intensive and concentrated over the next two months. I hope and, on the evidence of the meetings to date, believe that the negotiations at the Intergovernmental Conference will be characterised by the same constructive spirit that ensured the successful outcome of the convention. Although some difficult details were dealt with in the past two weeks at the level of Foreign Ministers and Heads of Government, the relationship between all participating parties was cordial and positive. At the same time, each country must be able to see its concerns have been reflected in the final outcome. We are designing a constitutional treaty for the future that must work as well as the existing treaties have worked in the past. We are designing a treaty that, as the Minister for Foreign Affairs, Deputy Cowen, said in the Dáil last week, must serve to "unite the member states and the citizens across the European Union". The Government will approach the Intergovernmental Conference in the same way that it did the convention and all previous treaty negotiations. We will be positive and will engage with all of our partners. Europe has served us well in the past. We have nothing to fear and much to gain from the new constitutional treaty in the future.