Report on Implementation of the Lisbon Treaty: Motion.

I move:

That Seanad Éireann

having regard to—

(a) the provisions of the European Union Act, 2009 (‘‘the Act’’), and

(b) the Joint Report of the Joint Committees on European Affairs and European Scrutiny on Implementation of the Lisbon Treaty: Interim arrangements on the enhanced role of the Houses of the Oireachtas,

pending the outcome of the review referred to in paragraph (f) of this Resolution, and

notwithstanding anything contained in the Orders of the Seanad of 24th October, 2007, establishing the Joint Committees on European Affairs, European Scrutiny and Justice, Equality, Defence and Women's Rights,

hereby resolves that the following arrangements shall apply until the adjournment of the Seanad for the summer recess 2010:

(a) the detailed work to support the role of Seanad Éireann under section 7 of the Act shall be undertaken by the appropriate Select Committees appointed by Seanad Éireann, as outlined in paragraphs (b) to (e) of this Resolution, which shall, in the interests of efficiency, work jointly with their Dáil counterparts in carrying out their responsibilities under this Resolution, subject to the sole discretion of the Select Committees appointed by each House to resolve to act independently;

(b) all draft legislative acts transmitted to the Seanad shall stand referred to the Select Committee on European Scrutiny, which shall have responsibility for considering whether draft legislative acts are in compliance with the principle of subsidiarity under section 7(3) of the Act, subject to the following:

(i) in forming a reasoned opinion on whether a draft legislative act complies with the principle of subsidiarity, the Committee shall consult with the Joint Committee on European Affairs, and such other Committee(s) and stakeholders as the Committee sees fit;

(ii) where the Committee is of the opinion that a draft legislative act is in breach of the principle of subsidiarity, it shall submit a reasoned opinion to this effect by way of report which shall be laid before the Seanad;

(iii) where a report has been laid by the Committee under paragraph (b)(ii), the Chairman shall forthwith table a motion thereon under section 7(3) of the Act, which shall be given priority on the Order Paper; and

(iv) where the Seanad approves the motion referred to in paragraph (b) (iii), the Cathaoirleach shall send a copy of the Resolution, together with a copy of the report referred to in paragraph (b)(ii), to the Presidents of the European Parliament, the Council and the Commission;

(c) the Select Committee on European Affairs shall have responsibility for considering such notifications as may be referred to it by Seanad Éireann under section 7(1) of the Act, subject to the following:

(i) in considering such notifications, the Committee shall consult with such other Committee(s) and stakeholders as the Committee sees fit;

(ii) where the Committee is opposed to the decision to which the notification refers, the Committee shall lay a report to this effect before the Seanad;

(iii) where a report has been laid by the Committee under paragraph (c)(ii), the Chairman shall forthwith table a motion thereon under section 7(1) of the Act, which shall be given priority on the Order Paper;

(iv) where the Seanad approves the motion referred to in paragraph (c) (iii), the Cathaoirleach shall send a copy of the Resolution, together with a copy of the report referred to in paragraph (c)(ii), to the President of the European Council; and

(v) where the Committee is not opposed to the decision to which the notification refers, the Committee shall send a Message to this effect to the Seanad;

(d) the Select Committee on Justice, Equality, Defence and Women’s Rights shall have responsibility for considering such notifications as may be referred to it by Seanad Éireann under section 7(2) of the Act, subject to the following:

(i) in considering such notifications, the Committee shall consult with the Joint Committees on European Affairs and European Scrutiny, such other Committee(s) and stakeholders as the Committee sees fit;

(ii) where the Committee is opposed to the decision to which the notification refers, the Committee shall lay a report to this effect before the Seanad;

(iii) where a report has been laid by the Committee under paragraph (d)(ii), the Chairman shall forthwith table a motion thereon under section 7(2) of the Act, which shall be given priority on the Order Paper;

(iv) where the Seanad approves the motion referred to in paragraph (d)(iii), the Cathaoirleach shall send a copy of the Resolution, together with a copy of the report referred to in paragraph (d)(ii), to the Council; and

(v) where the Committee is not opposed to the decision to which the notification refers, the Committee shall send a Message to this effect to the Seanad;

(e) the Select Committees on European Affairs and European Scrutiny shall each have power to consider whether an act of an institution of the European Union infringes the principle of subsidiarity under section 7(4) of the Act, subject to the following:

(i) in considering whether an act of an institution of the European Union infringes the principle of subsidiarity, the Committee shall consult with such other Committee(s) and stakeholders as the Committee sees fit;

(ii) where either Committee is of the opinion that an act of an institution of the European Union infringes the principle of subsidiarity and wishes that proceedings seeking a review of the act concerned be brought to the Court of Justice of the European Union, the Committee shall lay a report to this effect before the Seanad;

(iii) where a report has been laid by the Committee under paragraph (e)(ii), the Chairman shall forthwith table a motion thereon under section 7(4) of the Act, which shall be given priority on the Order Paper;

(iv) where the Seanad approves the motion referred to in paragraph (e)(iii), the Cathaoirleach shall send a copy of the Resolution, together with a copy of the report referred to in paragraph (e)(ii), to the Minister for Foreign Affairs;

(f) the Joint Committee on European Affairs and the Joint Committee on European Scrutiny shall review the operation of the interim arrangements at paragraphs (a) to(e) of this Resolution and shall jointly report thereon (and on such related matters as the Committees think fit) to Seanad Éireann within six months, whereupon the Committee on Procedure and Privileges shall recommend to the Seanad such amendments to the Standing Orders of Seanad Éireann and the Orders of Reference of Committees as may be required;

(g) the Select Committees referred to in paragraphs (b) and (d) shall each consist of six members, and three shall constitute a quorum; and in accordance with Standing Order 78, each Select Committee shall previous to the commencement of its business, elect one of its members to be Chairman; and

(h) the Select Committee referred to in paragraph (c) shall consist of nine members, and four shall constitute a quorum; and in accordance with Standing Order 78, each Select Committee shall previous to the commencement of its business, elect one of its members to be Chairman.

Is the motion agreed to?

Not unless Members are given an assurance that a debate will be held on it.

I give such an assurance.

Question put and agreed to.