asked the Minister for Foreign Affairs if, in view of the fact that Community law supersedes national laws, he will, in his capacity as President in Office of the Council of Ministers, initiate the formulation of a Community Law that will provide a legal basis for intra-community transborder co-operation.
Ceisteanna—Questions. Oral Answers. - Cross-Border Regional Development.
43.
(Cavan): As I have said already in the House, it is the Commission's function to initiate proposals for consideration by the Council of Ministers. This role is a vitally important one as far as Ireland is concerned. It is no part of the function of the President in office of the Council to initiate proposals. The Commission's function as the initiator of proposals is exercised within the framework of the Treaties which set out the general legal basis for Community action.
I am assuming that the Deputy has in mind cross-border regional development problems. The regulation establishing the regional development fund provides that, in deciding on assistance from the fund, the Commission shall take special account of whether the investment to be aided falls within adjacent regions of separate member States. As well as this, the Community budget makes provision in Chapter 26 for regional studies, including cross-border studies, carried out at the request and with the participation of member States.
In the case of both the regional development fund and cross-border studies, the provisions apply only at the request of the member States concerned and with their participation. The superiority to national law of regulations made under the Treaties applies only within these limits. Given the present state of development of the Communities based on the existing Treaties it is inevitable that such provisions can only operate within these constraints.
Is the Minister aware that the European Parliament have taken the initiative in this field and are seeking legislation to cover the socio-economic aspects of trans-border co-operation? Is he aware that this type of legislation is vital to the achievement of the ideal of European union? Is he further aware that, if this type of legislation was applied to this island, it would help to depoliticise our turbulent trans-border area and quickly restore normality? Would the Minister take the initiative, as President of the Council, in this regard? The European Parliament have taken the initiative. It is not the sole prerogative of the Commission to take initiative. They draft legislation but any of the institutions can initiate it.
(Cavan): The question suggests that the Community regulations are superior to national law. The information in my brief is that that is only so where the regulations are made at the request of both countries concerned. I cannot put it further than that. It sounds reasonable.
I take it from what the Minister has said there has been no progress whatsoever in the joint application by our Government and the British Government for cross-Border projects.
(Cavan): I do not think I can say there has been no progress whatever but there has not been as much as we would like.
The Minister will probably know that that has been the position for about 18 months. There has not been as much progress as the Government would like. Could we have any indication that the Minister for Foreign Affairs, in his capacity as President of the Council, would endeavour to seek a public statement from the British Government as to why they will not co-operate to the mutual benefit of the North of Ireland and the adjoining areas along the Border, North and South? We have heard no public stated position from them and our Government are satisfied to let things go on as they are.
(Cavan): They are not.
Will they seek a public statement of the position of the British Government?
(Cavan): The Government have the matter under control and the Deputy may take it that our Minister, as the current President, will do what he considers will best achieve his object. I think the matter should be left to the discretion of the President, who is in close touch with the whole situation.
If I were convinced that the Government have the matter under control I would indeed be happy to leave it to the discretion of the Minister, but it is very obvious they have not the matter under control because no progress whatsoever has been made.
We cannot have statements. The Deputy is making a statement.
(Cavan): The Deputy may be doing a lot of harm.
I am doing no more harm than the Government because they are achieving nothing.