asked the Minister for Industry and Commerce if article 135 of the Treaty of Accession of Ireland to the EEC permits unilateral action to be taken by the Irish Government with regard to import controls; and, if so, if the Government has considered invoking this article to protect those Irish industries which are in immediate and severe danger.
Ceisteanna—Questions. Oral Answers. - Import Controls.
4.
Article 135 of the Act of Accession to the EEC does not permit unilateral action to be taken by the Irish Government with regard to import controls. It provides that a new member State may apply to the EEC Commission for authority to take protective measures to deal with economic difficulties in particular sectors of industry during the period to 31st December, 1977. It is for the Commission to determine the measures which may be necessary.
The Government have successfully invoked Article 135 on behalf of the Irish footwear industry. In July, 1975, the EEC Commission authorised certain protective measures for this industry and in December, 1975, following a second application by the Government, the Commission authorised further protective measures covering the six-months' period to 30th June, 1976.
I can assure the Deputy that, whenever circumstances so warrant, the Government will take the action open to it under Article 135 of the Act of Accession.
Will the Government take the action in time?
Would the Parliamentary Secretary agree that when speaking on a Private Members' motion, submitted by Fianna Fáil, in June, 1975, he, and the Minister for Industry and Commerce, stated that not only would the Government not move on this article but that even if they could it would be undesirable to do so? By the end of that month the Government changed their mind and decided to invoke Article 135.
The Government must balance carefully their decision in applying under Article 135. If the Deputy reads that article he will find that the fourth subarticle states that in the same circumstances and according to the same procedures, any original member state may apply for authorisation to take protective measures in regard to one or more new member states. There is a question of reciprocity here.
Will the Parliamentary Secretary agree that it is an extraordinary situation to have two Government spokesmen in June stating that they would not invoke this article and, by the end of June, following pressure from this side of the House, a decision was taken to invoke the article? In fact, we advocated that the Government should have resorted to this article in January, 1975.
Deputy O'Connell asked if unilateral action could be taken by the Government under this article but this is not the case. Any action taken by the Government must be agreed to by the Commission and, therefore, the case must be well based.
Many jobs would have been saved had the Government acted in time.
Would the Parliamentary Secretary agree that the Government should now make application under article 135 to the Commission in respect of industries other than the footwear industry?
Each case will have to be dealt with on its merits.
Is the Parliamentary Secretary aware that there are many industries, besides the footwear industry, in serious difficulties at present?
Any industries, or their representative associations, wishing to make a case to the Government in relation to the invoking of Article 135 in their case are welcome to do so. I can assure them that the Minister will give their application the most careful consideration.
Is the Parliamentary Secretary aware that such representations have been made on behalf of many branches of the textile industry? Will the Government take the necessary steps under Article 135 to protect the many branches of the textile industry which are in serious difficulty at present?
The Government will do so if they think there is a reasonable prospect that their application will be successful within the terms and with the agreement of the Commission which is necessary under the terms of the article.
Does the Parliamentary Secretary not agree that the Commission cannot agree unless they are asked? I am asking the Parliamentary Secretary to ask the Commission.
Obviously, this question must be dealt with on the basis of each sector. I could not give a blanket answer in relation to all the possible sectors that might wish to make application in the House. If any individual sector wishes to make application, I can give an assurance that the Minister will consider that application in detail. If the Deputy wishes to inquire about a particular sector, he should put down a question about that sector.
Would the Parliamentary Secretary agree that the EEC working party which visited this country to examine the situation in relation to footwear and textiles informed the Minister that it was a matter for the Government to take action?
It is a matter for the Government to apply but the decision is a matter for the Commission. That is clear to anybody who reads the article.
Why not make the application?
Apply and find out.
Has it not been the practice in the past, as in the case of the Italian deposit scheme in 1974, and the action taken by the French government in the matter of Italian wine last year, for individual governments to take unilateral action pending the decision of the Commission under Article 135? Could the Irish Government not take action similar to that taken by the Italian and French governments?
The provisions of Article 135 are clear. It says that a new member may apply for the authorisation of the Commission to take protective measures.