Select Committee on Subsidiarity (European Union Legislative Scrutiny) debate -
Wednesday, 19 Feb 2025

Scrutiny of EU Legislative Proposals

An Cathaoirleach

Members will be aware that the committee was established pursuant to Standing Order 140 as a contingency measure pending the establishment of the committee system. The committee is established to enable the Dáil to exercise its key role under the Lisbon treaty, in particular to assess the subsidiarity aspects of proposed EU legislation. Members should be aware that in accordance with the procedure of the committee, we will consider the proposals in private session but then we will go back into public session.

This is a contingency measure and I presume, when all the sectoral committees are established, they will deal with EU scrutiny proposals in respect of their respective Departments, but some of these proposals have to be dealt with because they have been here since the previous Dáil was dissolved. We are dealing with one proposal from the Department of Justice, which relates to a regulation of the European Parliament and of the Council on a temporary derogation from certain provisions of Regulation (EU) 2016/399 as regards a progressive start of operations of the entry-exit system.

We have a second issue to deal with under the Department of Agriculture, Food and the Marine, namely, the unfair trading practices in business-to-business relationships in the agriculture and food sector. We want to deal with that. Finally, we want to deal with another proposal in respect of the Department of Agriculture, Food and the Marine amending existing regulation as regards specific measures under the European Agricultural Fund for Rural Development, EAFRD, to provide additional assistance to member states affected by natural disasters.

In a moment we will go into private session. This is a new area for most of us. Since we have Oireachtas staff present rather than officials from the Departments of Justice and Agriculture, Food and the Marine and Oireachtas staff do not normally speak in public session, I might explain for our and the public's information that we will take a briefing from the secretariat, which has circulated information, in private session and we will then go into public session. If people have questions, we can deal with them in public session and then deal with the proposals to improve them or otherwise, as the committee will decide.

I propose to that we go into private session. Is that agreed? Agreed.

The select committee went into private session at 10.04 a.m. and resumed in public session at 10.19 a.m.

An Cathaoirleach

We had a discussion in private session because many members are new and to hear from Oireachtas officials. We are back in public session to formally carry out the work on behalf of the Oireachtas. There are three proposals before the committee for decision today. I remind members that any decision made today will not prohibit Oireachtas committees from scrutinising any of these proposals in detail in future.

Regarding COM (2024) 567 concerning the short-term measure that will allow for the phased beginning of the operation of the exit-entry system, EES, it is proposed that, on the basis that there are no apparent subsidiarity concerns, this proposal does not warrant any further scrutiny by this committee at this time. Is that agreed? Agreed.

In relation to COM (2024) 576 regarding co-operation among enforcement authorities responsible for enforcement of Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain, it is proposed that, on the basis that there are no apparent subsidiarity concerns, the proposal does not warrant further scrutiny by this committee at this time. Before I put the proposal to the committee, I put on record that Deputy Ó Laoghaire raised issues in relation to these two proposals in respect of the Department of agriculture. These were the issues of the administrative burden and increased costs. We will formally request the committee on agriculture, when it is established, to take up those concerns to be considered by it. Is the proposal agreed? Agreed.

Moving to COM (2024) 557 regarding amending Regulations (EU) 1308/2013, (EU) 2021/2115 and (EU) 2021/2116 concerning the strengthening of the position of farmers in the food supply chain, it is proposed that, on the basis there are no apparent subsidiarity concerns, this proposal does not warrant further scrutiny by this committee at this time. Again, in keeping with the remarks made in private session by Deputies Ó Laoghaire and Murphy, we will ask for these matters to be formally forwarded to the committee on agriculture to consider any issues it considers appropriate in relation to this matter at that time. Is the proposal agreed? Agreed.

The select committee adjourned at 10.22 a.m. sine die.