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Dáil Éireann díospóireacht -
Wednesday, 22 Oct 2003

Vol. 573 No. 1

Written Answers. - EU Constitution.

Aengus Ó Snodaigh

Ceist:

160 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if his attention has been drawn to the recommendations on the justice and home affairs aspects of the draft EU constitutional treaty submitted jointly by Amnesty International, Cimade, ECRE, Finnish Jurists for Human Rights, the ILPA, Jura Hominis, JUSTICE, NJCM, OMCT Europe, the Open Society Institute and Statewatch; his position regarding each of the recommendations; and if he will make a statement on the matter. [24584/03]

As the Deputy will be aware, I set out the Government's approach to and priorities for the Intergovernmental Conference in my speech in the House on 15 October. Broadly, we have identified tax, aspects of criminal justice and defence as priority issues. We have also indicated that where appropriate, we will support improvements to the proposals on the institutions. There is also a range of other matters on which improvements can be made without radically changing the draft. We will take the opportunities which arise to support such improvements without losing sight of the overall balance and coherence of the text.

Discussion and debate of the draft constitutional treaty should be as wide and inclusive as possible. The submission to which the Deputy refers is, therefore, a welcome contribution. It covers a wide range of issues. The Intergovernmental Conference is considering the text prepared by the Convention. However, it is not yet possible to say whether all of the issues to which the submission refers will arise for substantive discussion. The Government has welcomed the important work carried out at the Convention towards ensuring a positive outcome on the incorporation of the charter into the new constitutional treaty. If the charter is to be given legal effect, it is vital that all of the relevant parties – citizens, the Union's institutions and the member states – can have clarity and certainty as to its scope and application. For that reason, the Government strongly supported the amendments the Convention recommended to the charter's provisions governing its interpretation and application. These recommendations should be accepted by the Intergovernmental Conference. The Government has also welcomed the increased role national parliaments and the European Parliament will play under the new constitutional treaty, which should enhance their respective abilities to hold governments and Union institutions to account.

The submission raises a number of specific questions in relation to the text of Chapter IV of Part III of the draft constitutional treaty, which covers the area of freedom, security and justice. Many of these deal with detailed policy matters which are the responsibility of my colleague, the Minister for Justice, Equality and Law Reform. However, the Government supports efforts to increase the Union's effectiveness in the area of justice and home affairs. The approach proposed for asylum and immigration matters is acceptable. However, given the need to respect and protect the different traditions of member states in the area of criminal law, the Government believes that unanimity remains the most appropriate decision-making procedure in some of the most sensitive articles in this area. We have also indicated that we do not see a need for an article on the possible creation of a European public prosecutor to be included in the text.
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