Dáil Éireann Debate, Tuesday - 21 February 2012
93 Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he has considered comments made in France by Minister François Fillon who considers that a referendum will be necessary to adopt a fiscal rule to balance its budget; his views that the same principle would apply here; and if he will make a statement on the matter. [9456/12]
View answer111 Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Foreign Affairs and Trade if he raised the question of the legitimacy of such a far-reaching agreement as the Eurocompact treaty being implemented without reference to the citizens of Europe through referenda at the EU leaders’ summit on 30 January 2012; and if he will make a statement on the matter. [5271/12]
View answer112 Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Foreign Affairs and Trade if he raised the issue and his views on the matter of growing calls for a referendum on the Eurocompact treaty in Ireland at the EU leaders’ summit on 30 January 2012; and if he will make a statement on the matter. [5272/12]
View answer113 Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Foreign Affairs and Trade if he raised the issue of demands for a referendum on the fiscal compact treaty in Ireland at the EU leaders’ summit on 30 January 2012; and if he will make a statement on the matter. [6594/12]
View answer114 Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide an update on the likelihood of a referendum being held here on the fiscal compact agreed by him and other EU leaders at the EU leaders’ summit on 9 December 2011; and if he will make a statement on the matter. [2330/12]
View answer116 Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he intends to insist that the rights of all EU members be respected and that a new effort should be made to get Britain to agree to the treaty; and if he will make a statement on the matter. [5169/12]
View answer118 Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade his views that it is not a welcome development that in the first time in the history of the European Union that a treaty is not being signed by all its members; if he, or other EU members, will be making an effort to achieve unanimity before March; and if he will make a statement on the matter. [6387/12]
View answer119 Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he will investigate comments from a high level European official who said that the EU treaty was drafted to avoid a referendum; if he agrees with this position; and if he will make a statement on the matter. [7778/12]
View answer122 Deputy Gerry Adams asked the Tánaiste and Minister for Foreign Affairs and Trade if he raised the issue of the possibility of a referendum on the new EU treaty at the EU Council summit on 30 January 2012. [6465/12]
View answer126 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which it is anticipated that the fiscal stability compact will be observed in the spirit and the letter; if he will outline anticipated action likely to be taken by countries who default; and if he will make a statement on the matter. [9978/12]
View answer127 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which a commitment has been made within the eurozone and within the European union as a whole to adhere to political, fiscal and economic commitments already entered into or likely to arise from the fiscal stability compact; and if he will make a statement on the matter. [9979/12]
View answerI propose to take Questions Nos. 93, 111 to 114, inclusive, 116, 118, 119, 122, 126 and 127 together.
When agreement was reached at the European Council in December to put in place new arrangements to enhance the stability of the euro area, Ireland made clear its preference for proceeding within the framework of the EU Treaties, and with the involvement of all 27 Member States. This did not prove possible, so it was agreed to proceed with a separate Treaty among those wishing to participate. Agreement on these new arrangements — set out in the "Treaty on Stability, Coordination and Governance in the Economic and Monetary Union"— was reached at the end of January by Heads of State and Government.
It is intended that the Treaty will be signed in the margins of the meeting of the European Council on 1/2 March, and that it will then be ratified by each of the Contracting Parties, in accordance with their respective constitutional requirements. It will enter into force once twelve Contracting Parties whose currency is the euro have ratified it. The target date for entry into force is 1 January 2013.
The question of whether an amendment of the Constitution will be required in order for Ireland to ratify the Treaty is currently being examined by the Attorney General, who will present her advice to the Government in due course. The Government has made it clear that if a referendum is required, one will be held.
It is a matter for other Contracting Parties to decide what approach they will take, taking into account their own constitutional requirements. It would not be appropriate for me to comment on what this might entail in each case.
The Treaty sets out how it will apply to Contracting Parties once it has entered into force and once they have ratified it. As with all international agreements, once they are bound by it, there will be a legal obligation on Contracting Parties to abide by its provisions. Article 8 of the Treaty provides for a role for the EU Court of Justice where possible breaches of Article 3.2, on the deficit brake, is concerned.
I am, of course, disappointed that it was not possible to proceed with the agreement of all 27 EU Member States. This was the Government's strong preference, though I respect the rights of partners to decide the best approach from their respective perspectives.
I would of course, welcome participation by all Member States, and would note that Article 15 makes it clear that the new Treaty "shall be open to accession by Member States of the European Union other than the Contracting Parties".
Furthermore, Article 16 of the new Treaty provides that "within five years, at most" of the new Treaty entering into force "the necessary steps shall be taken�with the aim of incorporating the substance of this Treaty into the legal framework of the European Union". This is a most welcome provision, and the Government hopes that such incorporation can take place at as early a date as possible.
In the meantime, it is important to recognise that, while the arrangements are not part of the EU Treaties, Article 2 makes it clear that the new Treaty "shall be applied and interpreted by the Contracting Parties in conformity with the Treaties on which the European Union is founded".
Furthermore, the new Treaty shall apply only "insofar as it is compatible with the Treaties on which the European Union is founded and with European Union law". This is an important provision that the Government argued for and strongly supports.
Finally, while the new Treaty is not part of the EU Treaties, many of its provisions are already found in EU Treaties or law, including within the Stability and Growth Pact, as strengthened by the six legislative measures adopted last year — the so-called "six-pack".
