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Dáil Éireann díospóireacht -
Tuesday, 15 Jun 1982

Vol. 336 No. 1

Joint Committee on the Secondary Legislation of the European Communities: Motion.

Clare): I move:

(1) That a Select Committee consisting of 18 members of Dáil Éireann (none of whom shall be a representative in the Assembly of the European Communities) be appointed to be joined with a Select Committee to be appointed by Seanad Éireann to form the Joint Committee on the Secondary Legislation of the European Communities

(a) to examine

(i) such programmes and guidelines prepared by the Commission of the European Communities as a basis for possible legislative action and such drafts of regulations, directives, decisions, recommendations and opinions of the Council of Ministers proposed by the Commission,

(ii) such acts of the institutions of those Communities,

(iii) such regulations under the European Communities Act, 1972 (No. 27 of 1972), and

(iv) such other instruments made under statute and necessitated by the obligations of membership of those Communities

as the Joint Committee may select and to report thereon to both Houses of the Oireachtas; and

(b) to examine the question of dual membership of Dáil Éireann or Seanad Éireann and the European Assembly and to consider the relations between the Irish representatives in the European Assembly and Dáil Éireann and Seanad Éireann and to report thereon to both Houses of the Oireachtas;

(2) That in the absence from a particular meeting of the Joint Committee of a member who is a member of Dáil Éireann, another member of Dáil Éireann nominated by the Party to which the absent member belongs may take part in the proceedings and vote in his stead; and that members of Dáil Éireann, not being members of the Joint Committee, may attend meetings and take part in the proceedings without having a right to vote;

(3) That members of Dáil Éireann who are representatives in the Assembly of the European Communities be notified of meetings and be allowed to attend and take part in proceedings without having a right to vote;

(4) That the Joint Committee, previous to the commencement of business, shall elect one of its members to be Chairman who shall have only one vote;

(5) That all questions in the Joint Committee shall be determined by a majority of votes of the members present and voting and in the event of there being an equality of votes the question shall be decided in the negative;

(6) That every report which the Joint Committee proposes to make under this Order shall, on adoption by the Joint Committee, be laid before both Houses of the Oireachtas forthwith, whereupon the Joint Committee shall be empowered to print and publish such report together with such related documents as it thinks fit; and

(7) That five members of the Joint Committee shall form a quorum of whom at least one shall be a member of Dáil Éireann and at least one shall be a member of Seanad Éireann.

We welcome the setting up of this joint committee, but we must protest at the continued absence of the Minister for Foreign Affairs. With all due respect to the Minister of State at the Department of Finance, I would like to point out that this is the fifth occasion in the life of the current Dáil when matters relating to foreign affairs have been discussed when the Minister has not been present. We appreciate that the Minister is abroad on business today, but does he have to be absent on every occasion? We appreciate that he has a busy schedule but it is very inconsiderate to the Members of the House that he should be missing for every such debate. There were four in all, and I believe he was also missing for several debates on foreign affairs in the Upper House. While we welcome the setting up of this committee, we must voice our protest.

I join with Deputy Deasy in welcoming the establishment of this committee again. This is a very important committee and its workload is very great. Unfortunately, due to circumstances beyond the control of anybody, the last time the committee met was 12 months ago.

I would like to remind Members of the House of the type of work this committee does and the amount of work that the last committee carried out. I am privileged to be a member of that committee and to be chairman of its legal affairs section. The last committee of the second last Dáil had 103 meetings between meetings of the joint committee itself and meetings of its sub-committees. It published no fewer than 94 reports on an extraordinary range of subjects from energy matters, agricultural matters, consumer affairs, free movement of persons and services in the community, unemployment and work sharing, company law, budgetary matters, transport policy, free competition within the Community, product liability and marketing and fishery policies as well as a wide range of other subjects. There was an extraordinary amount of work involved in this for members, and Members of this House who look forward to becoming members of that committee should bear in mind that they are really only welcome onto that committee if they are prepared to devote a lot of time to its work. Because of the enormous workload, after an absence of 12 months it is going to be necessary to spend even more time in the immediate future trying to make up lost ground.

One of the problems of the committee is that a lot of its work is of a technical nature and requires resources that the committee often does not have. The committee has worked very well, but unfortunately sometimes it has to consider matters that perhaps are not entirely within its competence because of the lack of resources available to it. One of the last reports published by the last committee was on product liability and on that occasion the proposed directive of the European Commission, if adopted, would have incredible ramifications for our legal system. Even though the committee enjoyed the benefit of seven lawyers as members of the committee, it was unfortunately not in a position to consider all the ramifications that the directive might have. At that time members of the committee considered what we could do to employ the resources necessary to consider the far-reaching effects the directive might have if adopted. Unfortunately we did not have finances available to employ legal consultants; the committee did not have available to it the resources of the Attorney General's office which is there to advise the Government and not the Oireachtas. Here was one example of where a committee felt inhibited in its deliberations on a very important matter. The House might consider granting to the committee the resources to enable it carry out its functions more fully. There is a precedent for this in other committees. The Joint Committee on Semi-State Bodies has financial resources available to it to retain consultants in its work.

One of the other problems that arises is the power of the committee to summons witnesses before it. Before mentioning it I should offer thanks and gratitude to all of the people who went to the trouble of making submissions to the committee in the past and indeed coming before the sub-committees and giving evidence to them. The voluntary effort put in by many interest groups in the commercial field, in the consumer field, in the educational field, in the agricultural field, proved to be of great benefit to the committee. Indeed, the committee could not have operated effectively without the benefit of the knowledge and information made available to it by outside groups.

But the committee does not have available to it, if it felt the need, the power to summons witnesses before it. That is not something that is missed regularly on the committee in the conduct of its affairs, but it is something which the House should bear in mind sometimes places the committee at a disadvantage. I would ask Members of the House to bear in mind the importance of the committee. Its function is to report to the Houses of the Oireachtas not only matters which make up the subject of legislation by the European Communities but the acts and decisions and plans of every institution of the European Communities. It is only through that committee that this House will have available to it reports on such matters. Members of this House are already too busy themselves to have the time to involve themselves in the minutiae of the hundreds and thousands of proposals that emanate from the European Commission, matters under consideration by the European Parliament. It is necessary, if this House is to rely on this committee to provide it with proper and up-to-date reports on such a wide range of subjects, that it give the committee the full resources it needs to carry out its functions.

I should also say that the last committee of the House was only the second one in the history of the joint EEC committee. The first committee, which sat from 1973 until 1977, was confined in its duties to consideration only of proposed directives of the European Community and it reported on its own functions in 1977 and requested the Oireachtas to give it more powers to enable it to act in a more fruitful way for the Oireachtas. As a result of that the Oireachtas extended the terms of reference of that committee in 1977. The committee's terms of reference were broadened then and it is proposed that they again be broadened on this occasion to enable the committee to consider matters not directly associated with just the technical legislative end of the European Commission's work.

I should mention that of the 90 or so reports published by the last committee of the House 15 of those reports were devoted to matters not directly associated with directives but rather concerned policy matters and policy documents published by the European Communities. Some of the reports in this regard include a report on work sharing, a report on energy policy, labour market policy guidelines, community action in the cultural sector, forestry policy, financing in the budget and problems of enlargement of the Community. I have no doubt but that in the immediate future the new committee is going to have to concern itself with the developments that have taken place in the Community over the past 12 months since the committee last met. There will have been very many directives published by the European Commission to be considered.

There have also been some very important developments taking place in the European Communities that this House needs to consider and that the committee will have to consider. I would like to refer briefly to a couple of these developments which relate to matters of the greatest importance to us. First of all, developments in regard to the common agricultural policy, and particularly the mandate of 30 May 1980, are of major importance not only to the Irish agricultural industry but to our national economy. The mandate is now central to the future of the Community and may have very far-reaching effects on the common agricultural policy. At a time when agricultural incomes have taken such a hammering over the past few years — although I can see a slight improvement this year — we need to be very careful that decisions are not taken at European level which will interfere further with that sector. We also have to bear in mind that in the longer term there is a far more worrying aspect of discussions of the mandate at present — the proposed cut-backs or limitations in agricultural production. That is one thing which we cannot under any circumstances tolerate.

We find ourself in a position where, for all sorts or reasons outside our control, we are a country which is not yet anywhere near attaining full agricultural capacity. We must consider the risks we took when we joined the European Communities with regard in particular to our industrial sector and the difficulties they had to face by throwing our markets open to foreign industry and foreign sales. The big benefit we were to gain was supposed to be in the agricultural sector. Now we are faced with this awful prospect of prehaps having to limit our productive capacity in the agricultural sector. That is one thing we cannot under any circumstances afford to tolerate. It is something we will have to fight tooth and nail. When the day comes and the Irish farmer is told he will have to limit production and cut back on farm development, that will be the day we will have to seriously consider the usefulness of retaining membership of the European Community.

I will now look at the area of regional and social policy of the Community. I acknowledge that all Irish Governments since we joined the EEC have stressed the importance of using these policies to eliminate the serious imbalances that exist in different geographic regions of the Community, but we have to seriously question the effectiveness of those policies. It sticks in my craw to hear the United Kingdom Government, particularly the British Prime Minister, constantly whinging about their problems with the European budget when I see the lack of effectiveness of the regional and social policies in the past several years. There are large parts of the Community which are impoverished when compared with almost any part of the United Kingdom and it is not good enough that a major partner should go on with this type of whinging.

There are many matters which have to be considered. So far as our participation in the Community is concerned, this is a time of great trial, and times will get rougher. There is no doubt that in the heady days of the establishment of the European Communities, and its predecessor bodies, there was a feeling of great importance attached to the reconciliation of the people of Europe and more co-operation socially and economically between the European countries. Those matters will be put under great threat now because of the economic difficulties with which we are all faced. It is terribly important that the social policies of the European Communities are borne in mind because they will be of paramount importance in future years.

The common agricultural policy, which has been of major benefit to this country, is now under attack, and unjustifiably so. It has achieved its various purposes — supplying food to all members of the European Communities at reasonable cost and providing farmers with reasonable incomes. So far as oversupply is concerned, corrective actions taken by the EEC in the past few years have been very effective, so much so that the percentage of the total budget now absorbed by the CAP is a lot less than it was a few years ago. But we cannot complain about that.

We have to bear in mind the usefulness of the European Communities in the old sense of reconciliation of the people of Europe and of the importance of co-operation economically and socially. To do that, the committee will have to be very successful in fulfilling their functions of providing this House with reports on all activities of the EEC so that we may more often discuss happenings in Europe which are of importance to our people. In the difficult times that lie ahead it will be more and more important to highlight to the people what is of value for this country in Europe so that the Irish people will be prepared to take the good with the bad and ensure that in future years the Community can survive economically difficult times and give us all the opportunity to prosper together in the years that lie ahead.

I want to put on record that the Labour Party support this motion. We are discussing again the motion which was passed by this House and which was returned to us from the Seanad.

I recognise the belated awareness of some members of the Fine Gael Party, including Deputy Molony, that the EEC was not everything Deputy Garret FitzGerald promised it would be in 1972, particularly in relation to the bonanza for the farming industry. This committee, and other committees like it, are the only ways parliamentary work of any substance can be done in this House because the set-piece debates we have on the floor of the House do not get behind the real policies and the real issues. As many Members are aware, I bitterly regretted the fact that this committee was, for a variety of reasons, put out of action for over 12 months.

I ask whoever is responding on behalf of the Government to confirm two things: first, that the inaugural meeting of the committee will take place before the House rises this summer, and secondly, that the Government will maintain the tradition established by the penultimate Coalition Government that the chairperson of the committee shall be from the Opposition side and not the Government side. The House may recall that Deputy Haughey was the first chairperson of the first Joint Committee on the Secondary Legislation of the European Communities.

It is appropriate that I should make my first contribution in this Dáil on the motion to establish the Joint Committee on the Secondary Legislation of the European Communities. Some of the fundamental purposes of this committee will be to ensure that whatever is done at European level is made as relevant as possible at national level, and to ensure that the House, and through the House the members of the public, will be well informed of developments in Europe and, in our capacity as public representatives, to maximise the benefits accruing to Ireland as a member of the European Community.

When dealing with secondary legislation one can get the impression that one is dealing with a whole range of bureaucratic instruments which, for some reason or other, are engineered by bureaucrats for their own satisfaction. But it is much more vital than that. The evidence would suggest that to effectively implement the benefits of membership one has to arrange one's own affairs to maximise those benefits. I would like to give some examples which might be overlooked. The areas we look to for major developments in the European Community would have been initially argicultural transfers under FEOGA; a second area of great expectation not quite realised would have been the regional fund; and the third area would have been the social fund.

I will deal with the social fund first because it is very important at this stage. In line with the policies proposed by the Commission over the last 12 months in particular, the social fund has increased very considerably. I do not think it is generally realised that in this year alone the transfers to Ireland from the social fund will be not less than £80 million and last year it was more than £70 million owing to a very major increase in the funds being allocated to Ireland under that instrument.

It is important that the committee, this House and all responsible at this level ensure that the money is being used effectively and specifically for the purposes for which it was basically intended. Frankly, there is a risk that much of the money could be taken up in administration and that it may to a considerable extent be taken up through public service expenditure. That is not, of course, the original intention of the fund. That said, one must acknowledge the role played in this area by the agencies such as AnCO. If we recognise the fundamental need of self-reliance, we must ensure that we do not look at any European funds as being a channel through which we can spend public money rather more easily than would be otherwise possible, having regard to the responsibilities in raising funds at home for public expenditure purposes.

There is great scope for this committee, under recently proposed policies, to bring a whole new direction to the application of social fund moneys in particular. It is appropriate at this stage that I give only one example of many. That is in the area of small and medium sized industries. Hitherto, the social fund has been applied in Ireland in terms of training at what one might call the basic operative level, whether skilled, semi-skilled or non-skilled. AnCO programmes are being used for employment, re-employment, training and retraining. However, a gap has appeared, here as elsewhere, in the management area in small and medium-sized industries. Given the nature of the economy at the moment, it is quite clear that there is a visible, real limit to what we can expect to achieve from external investment in this country. This derives from two reasons. Firstly, in the present international economic climate the capacity to invest in other countries is being diminished and, secondly, our capacity to attract external industry is also limited by the budget situation elsewhere—in other words, the capacity to be as attractive by way of tax incentives as we have been over the period of growth will not necessarily exist.

The native small and medium-sized industries are, and must be, a crucial element in our continuing growth and particularly in employment. Management of these small and medium-sized industries — which may start with a brilliant idea and a commitment, which is in itself a very worthy and commendable thing — may falter, as it has from time to time, in the complex areas of marketing, cost accountancy and general administration. There is a new area to which the social fund has not been directed under the Commission's recent proposal. For that reason, this committee, this House and those in charge of these responsibilities at home, either in Government or in the public service, should look immediately to the preparation of programmes for management in small and medium-sized industries. Incidentally, almost every Irish industry — over 90 per cent by definition — will qualify under the terms of small and medium-sized industries as determined by the European Community's criteria. Particularly in the west, but in many parts of Ireland, weaknesses in management areas have occurred — for instance in Gaeltarra Éireann, of which we have been conscious and which have concerned the Government for some time. There is now more scope for redirecting these funds into those areas, in addition to the traditional areas of the shop floor operatives, whether skilled, semi-skilled or non-skilled. That is one of our great hopes in this new era which will require self-reliance more than anything else. Coincidentally, while we may continue to look to Europe for support in what we ourselves are promoting, we should by definition insist that self-reliance at home be the kernel of our development policies, Europe cannot rescue us, or any other country for that matter, from problems unless we can ensure that we apply self-reliance directly to the purposes and aims of the fund.

This committee should as a priority try to ensure that most of the funds coming through social, regional or other funds will where possible go directly to the private sector. There is a risk that in being administered, which it must be, much of the money might be somehow dissipated by administrative costs. I have given the example of the social fund. The huge transfer to FEOGA of almost £½ million this year is less than previously, for one reason only, the productive capacity of Irish agriculture. FEOGA guarantees are not, any more than the social fund, determined by national quota. The regional fund is. The only limit on what one will get under the terms of the FEOGA guarantee is our own productive capacity. It is fairly evident that the productive capacity in agriculture has not been fully realised.

It is of vital importance that in the areas of training and education, in agriculture as in other employment areas, we have a base of training for the farming community which will indicate that it is not just a matter of inheritance from father to son but of skill, awareness and training in regard to marketing to ensure that those with a role to play in this vital element of our economy, agriculture in particular, will be able to draw more from the guarantee side of FEOGA which is the main and basic element of our benefits from the European Community.

This matter of very considerable importance I will not dwell on any longer at this point. However, I could not leave this point on education without mentioning that it is of vital importance that we train and educate people in each area to play an effective role in this new international dimension which we have been given since we joined the European Community. It is overlooking reality to think that people without the experience of the culture or language of another country in which they wish to sell are not at a disadvantage. They are. If they do not know the habits and styles of their intending customers, they will not produce goods acceptable to those people. In every level of education, but particularly in the universities, people must be made aware that they are not autonomous within their own regime, fulfilling their own purposes, but that their work must be relevant to the needs and the potential of this country in the era of European and international involvement. I hope that training will figure greatly in the discussions on education in the committee.

I would like to touch now on something, which arises from a comment by Deputy Molony—that is the budget question as such. It is an element to which we do not tend to pay much attention at home and, in view of the nature of the motion, I will deliberately curtail my contribution, hoping to have a better opportunity on the motion on the developments in the European Community.

That said, I think we should not leave any European development without pointing to this element particularly. There is unemployment all over Europe. When we look at problems at home we should not imply that the only country in Europe suffering these problems is Ireland because self-evidently that is not the case. When we see budget deficits growing we should not imply that Ireland is the only country in Europe that has a growing budget deficit. That is not the case but that is not to excuse the fact that we have a responsibility to ensure that in public expenditure the taxpayer will not be called upon to pay one penny more than he is required to pay in the interests of supplying necessary services.

Because of the budgetary pre-occupation in Europe during my own period on the Commission we achieved a most important breakthrough. History will demonstrate this very clearly. Having got a mandate from the heads of Government in May 1980 asking us to concentrate exclusively almost on the British budget question what they had in mind when they asked the Commission at that time was: solve the British budget question on whatever terms you can dream up. We in the Commission, and particularly myself because I had special responsibility in that area, did not accept that narrow interpretation of the heads of Government. As a consequence we said that the problems of Europe can only be solved on the basis of the introduction of new policies relevant to Europe in a whole range of areas. I can only mention examples without details. I have mentioned some ways in which we are reprogramming the social fund: there is also the industrial innovation programme where Europe had been very much lagging behind Japan and America, our main competitors; energy—new energy policies for conservation and for renewable sources of energy which can be of great benefit to Ireland as regards peat development. I can only touch on these things now.

There is also the role of small and medium sized industries and export contracts for agriculture which have never before been considered in Europe. In a world that is starving and short of food it is a scandal to think that the only preoccupation hitherto of heads of Government particularly has been how they can control the level of agricultural expenditure in the Community. Ironically, the fact is that this year that represents about 60 per cent of the total budget of the EEC where two years ago it represented over 70 per cent. There is a certain contradiction in the fact that heads of Government are still insisting on concentrating on agriculture as the bad boy of Europe wiping up all the funds when in fact its proportion of the total fund is now considerably less even within two years. During that same period in Europe we have seen unemployment grow from approximately 5 million in May 1980 to over 11 million. While the level of agricultural expenditure was dropping unemployment was growing considerably so that the facts speak for themselves in this case and they give the lie to those who say that the problems of unemployment and of urban areas in Europe derive from the vast amount of money spent on agriculture.

Belatedly Governments are now becoming aware of this. The one element that needs to be considered—and I hope this committee will give it considerable attention and thought—is that the problems of Europe self-evidently do not derive from the share-out of the budget as it is now. In the Commission we suggested that the problem is that the budget is too small, representing only about three-quarter per cent of the GNP of the member states. Yet heads of Governments spend meeting after meeting in crisis after crisis—generally at the behest, it must be said, of the one Government — concentrating on what is not the issue. The issue is our relations with other countries, notably with the US, where the fiscal policies being pursued reach out to every farm in Europe, every worker's home there and every industrialist in Europe. Does not every Deputy know that one of the great problems we face is the high cost of money which causes lack of investment and that this derives to a considerable extent from the fiscal policies of the US?

I hope that in the committee in this House we can bring about an awareness of this at home and perhaps abroad through meetings that hopefully we will have with other equivalent committees. As Minister for Finance I was the first Minister at an informal meeting to bring the question of high interest rates before the Ministers of Finance. I was a lone voice on that first day but I am glad that now there are at least ten voices in Europe speaking together on the need to do something. What is not being done is to get at the root cause where it really lies in the fiscal policies of the US. They must be made very much aware that these policies, good and right as they may seem for the great economy of America which is dependent only as to 14 per cent on external environment and is 86 per cent self-sufficent, are detrimental elsewhere. What they are doing and what may seem to be right for them is having a very damaging effect on the economic climate of the rest of the world.

These are the matters I see the committee as most successfully promoting. There will be regulations and directives that the committee must deal with to ensure that Europe will not be producing regulations that are not appropriate to each member state, for the broader issues are very considerably more important. I welcome the re-establishment of the committee. Finally, I hope we can continue the practice that I introduced as Minister for Foreign Affairs and which was very much overdue at the time, that the reports on the developments in Europe get a public hearing. Up to then I recall that under the previous Government we had at least two years when the report was not debated. No occasion was provided in this House in two years to actually analyse and recommend on the basis of the report that was before us. I trust that from now on the Government — I am sure they will — will ensure that these reports and debates on them will be used as a basis for testing ourselves as to how we are applying the benefits that are there for better informing ourselves so as to ensure that we can apply the benefits even better in the future.

This committee are a very necessary part of the functioning of this House particularly in view of the importance we increasingly place on the EEC as regards our input to it and what we extract from it. The absence of the Minister for Foreign Affairs during a debate of this nature has already been referred to. Incidentally, it is sad that there have been occasions on which he has not been present and could well have been present to speak with benefit to the House — on the Expediency Motion, the International Tin Agreement and the International Commodity Bill. If his absence does nothing for the status and importance of this committee which we must all recognise what does equal harm to the committee's standing is the tardy procedures whereby they are set up. It takes an Expediency Motion not only here but in the Upper House. Only then can it come back here for a further formalising motion and debate before the committee are finally established. One can see the tremendous workload placed on the shoulders of this committee. There is now the fact that it has met perhaps only on a couple of occasions in the past 12 months and one sees the amount of legislation it will have to peruse. There are the various regulations from the EEC that will have to be discussed and in respect of which recommendations will have to be made. A tardy procedure does nothing to enhance the prestige, importance and efficiency of any committee.

I acknowledge the great amount of work that has been done so far by the committee. We have been told that they have had, between the main committee and the sub-committees, more than 100 meetings but we must still ask whether the committee are as efficient as they should be, whether they have the powers they should have in terms of research and so on. The committee work mostly in arrears. They deal with legislative enactments that are already part of our day-to-day lives. As well as perusing those enactments they peruse also draft EEC regulations which have already gone through the mill in Brussels and which are more than likely to become part of European law. It is important that the committee endeavour to detect trends within the EEC in order to find out whether the school of thought within the EEC is moving in opposite directions to those in which it had moved in previous years. In detecting those trends the committee would be performing the most important function of all. The House would then be made aware of trends and changes in Europe and would be in a position to decide what policies would be adopted to meet any new trends. In this context I am thinking, for instance, of the social fund, the regional fund and the moneys available from those funds. Are we obtaining as much benefit as we should from those funds? This is an area in which the committee could work with benefit.

The committee may complain of a heavy workload but perhaps they should hive off much more of the reading that must be done to sub-committees thereby leaving the main committee free to deal with those trends that are detectable within the EEC. The committee could deal profitably also with the question of whether we could derive greater benefit from the various funds.

Another aspect in which the committee can do much good, not only for this House but for the people generally, is to consider the impact on day-to-day life of the European Court of Law and of the various EEC legislative enactments. The committee can do a great deal of good in creating a greater public awareness of the impact of Community legislation on the ordinary individual.

Apart from the question I have raised regarding the tardy procedure by which the committee are being established, we must wait and see whether the House by the manner in which it debates and accepts the reports of the committee will do anything to enhance this important body. I ask the committee to take upon themselves the extra task of determining where they stand in regard to their powers and in regard to being more effective than has been the case in the past.

I welcome the re-establishment of this committee. I was one of the members of the first joint committee and I found the work gave considerable satisfaction. In general the members of the committee had a great deal to contribute in discharging their terms of reference.

Since I served on the committee several years ago the terms of reference have been expanded. I draw attention in particular to the proposal here to include examination of the question of dual membership of Dáil Éireann or Seanad Éireann as well of the European Assembly and also to consider the relations between the Irish representatives in the European Assembly and in the Houses of the Oireachtas. The only observation I have to make in that regard is that I would urge the committee to examine this question as early as possible. Elections to the European Assembly are due to be held in 1984 so it is important that all the political parties and all Members of both Houses be clear as to what precise role they intend to play in those elections. I would strongly suggest to the committee that they recommend to the House that dual membership should cease.

All Labour Members will have dual membership.

I am including Deputy O'Connell in my stricture. I am talking on an apolitical basis. If Deputies and Senators are to discharge their duties to the Dáil or the Seanad, as the case may be, while at the same time discharging their duty as Irish members of the European Parliament, the dual membership situation is not sustainable. For many obvious reasons dual membership is patently undesirable. Any Member of either House of the Oireachtas who might be contemplating putting himself forward either for re-election to the European Parliament or as a first-time candidate, should have no illusion as to the views of the House. It is arguable that our legislation relating to the system of election to the European Parliament be amended accordingly.

The re-establishment of the committee is long overdue. I wish to pay tribute to the staff who have served the committee down through the years. They have served with great diligence. The work is tedious and painstaking. In some respects it can be interminably boring in terms of ploughing through masses of documentation, in presenting reports to the Dáil, reports which frequently are not discussed by the Dáil, but nevertheless the joint committee is necessary as a review body, a watchdog of the Houses of the Oireachtas. I am glad the committee is being re-established.

Clare): I should like to refer to what Deputies Deasy and Markey said about the absence of the Minister for Foreign Affairs. The Minister is attending a meeting of the EEC Development Council and I am sure Deputies will realise how important it is that he should attend such a meeting. That is a valid reason for his absence from the House today.

This motion asks the House to approve the appointment of a Select Committee consisting of 18 Members of the Dáil, to be joined with a Select Committee appointed by the Seanad, to comprise the Joint Committee on the Secondary Legislation of the European Communities. Each House has recently passed a Motion of Expediency setting up the Joint Committee, and we have now reached the second stage of the process of reconstitution.

When Ireland joined the European Economic Community a new legal order was adopted, which takes precedence over the national system of law making in the areas covered by the Treaties. The ability of the Community to enact laws in many important areas results in a limitation of the powers of the Oireachtas and it was against this background that the Joint Committee on Secondary Legislation was established in 1973, the object being to allow the Oireachtas to influence Community legislation in those areas where the Houses had surrendered their exclusive powers, and to supervise the implementation of such legislation in Ireland.

The terms of reference of the joint committee give the committee authority to examine Community legislation at three stages in the process of its adoption. It may examine legislation at the draft stage, it may examine Community Acts, and it may examine ministerial regulations made under the European Communities Act 1972, and instruments made under other statutes in order to implement our Community obligations.

I should like to pay tribute to the work of previous joint committees, all of which have done vast amounts of work with very little public recognition. Much of the Community legislation is of a highly complex and technical nature, which makes the task even more demanding. The joint committee selects for examination those draft Acts which they consider of particular importance to Ireland, and they examine all statutory instruments made to implement Community laws. Reports to the Houses of the Oireachtas are then prepared. Deputies will be aware that the steps involved in reconstituting the joint committee are somewhat complex and cumbersome, so much so that it proved impossible, unfortunately, to finalise the necessary procedures in time for the joint committee to meet during the lifetime of the last Dáil. However, during the previous session, 94 reports were prepared by the joint committee, nine of which were considered by the Seanad. Of these nine, two were also considered by the Dáil.

The subject of the joint committee was last raised in this House on 26 May 1982. On that occasion the proposed terms of reference of the new joint committee were approved. In addition to its mandate to examine Community legislation, the joint committee will further undertake the extremely important task of examining the relationship between the national Legislature and the European Parliament. This will encompass the examination of various suggestions about participation of our MEPs in the work of the Dáil and the Seanad, and their role as regards the joint committee itself, as well as the question of the dual mandate.

We must remember that although we have, at present, no joint committee, the flow of legislation from Brussels has not been halted. It is, therefore, extremely important that the joint committee be reconstituted without further delay, in order that it may resume its work and so I ask the House to give its' approval to this motion. A similar motion may then be introduced in the Seanad.

Question put and agreed to.

A message will be sent to the Seanad advising it accordingly.

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