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JOINT COMMITTEE ON EUROPEAN AFFAIRS díospóireacht -
Thursday, 24 Apr 2008

Lisbon Treaty: Public Deliberations.

Cuirim fáilte roimh gach éinne. This is a formal meeting of the Oireachtas Joint Committee on European Affairs. This is the third one to take place outside Leinster House and the second to take place outside Dublin. The committee felt the good people of Cork and UCC deserved a visit and that they would be very left out if the committee did not pay an official visit during the course of the debate on the Lisbon treaty. This debate is important. It is an opportunity for the public to interact with members of an Oireachtas committee while in formal session and to gain information that will be vital to them in coming to a decision on how they will vote. Committee members are drawn from the Oireachtas and are proportionate to membership of the Oireachtas. All Oireachtas Members are entitled to attend and speak at such meetings. We have numerous apologies and some people will come and join us later.

We will try to make the meeting as informal as possible but we must always have regard for the fact that proceedings are being recorded, will become part of the Official Report and will be used as a means of compiling a final report by the committee on the Lisbon treaty, which will carry recommendations. Members of the Oireachtas, Dáil and Seanad have absolute privilege in their participation in such meetings. They have the same privilege as in a court. Members of the public do not have such privilege and I ask them not to reflect on members of the public or those who might be identified from what they have to say in the course of the proceedings. Similarly, committee members are asked to refrain from making specific references of a derogatory nature to any member of the public who might be identified by what they have to say.

We have had a number of meetings and the purpose of them is to bring Parliament to the public. Much has been written and said about lack of information and the use of so-called eurospeak and jargon. We try to simplify these matters and answer the questions that will arise. Tonight I propose to change the format slightly from that which prevailed heretofore. Previously we had a short introduction from each member on the platform and a ten to 15 minute presentation from the speakers for and against the treaty. This time we will begin with the presentations by those for and against the treaty and take questions immediately. The questioners will come to the tables here in front and, to ensure continuity, there will be places for people to sit in the front rows before coming to the microphones. Let no one be shy. To continue the flow we propose to call on one of the speakers from the platform, some of whom may not have spoken before, for a reply, if they wish.

The Chairman will adjudicate in all cases. No one but the Chairman has the right to interrupt. However, as a former Ceann Comhairle used to say, the Chairman does not interrupt, but intervenes. Speakers from the platform will introduce themselves when they reply to a question. Speakers from the floor will introduce themselves by name, organisation and whatever. I ask everyone to speak clearly because proceedings are recorded for committee purposes and thereafter become part of the proceedings at an official meeting of the Oireachtas committee.

Tonight, as in all cases, we have a speaker for and against. I welcome the committee members who are not from Cork and those who are to Cork tonight. I also welcome our two speakers for and against the treaty, Dr. Piaras MacÉinrí, lecturer in the department of geography in UCC with a special interest in migration and integration issues, and Mr. Joe Noonan, a solicitor practising in Cork with a specific interest in environmental and planning law, part of the firm of Noonan Linehan Carroll Coffey. I thank UCC for making the facilities available and Leinster House staff, who can be seen around the room. They look after us when we are in official session in Leinster House and are here with us in their official capacity tonight. I also thank all the back-up staff, including translators and recorders. All the facilities are laid on. We also thank the gardaí who are attending in their official capacity.

I have told attendees about the format of the sitting and if I have forgotten anything, they may put it down to human frailty. I never claimed to be perfect. If issues arise during the meeting, we will bring them to the attention of the attendees. The clerk to the committee was about to tell me something I have already forgotten, but she changed her mind.

Have the two speakers decided who will speak first? Dr. MacÉinrí will go first — a brave man, right into the front.

Dr. Piaras MacÉinrí

I thank the Chairman, members of the committee and attendees. It is a great pleasure to be here to debate the merits of the Lisbon treaty before a public audience. I commend the committee on its decision to hold these regional meetings. Those of us who live in Cork are used to travelling to Dublin for just about everything that requires any kind of decision but it is nice to note that on this occasion the committee is moving around the country to gather the views of the general public.

To be fair to all, I should declare my own position first. I am non-party political but broadly on the left of the spectrum. People who know me will not be surprised to hear that. I have also known Joe Noonan for many years, although I have not had the pleasure of debating with him up to now. Usually, we have shared a broadly similar political perspective. I also know he has a formidable, forensic and subtle legal mind. As a non-lawyer, I will focus on the political and surrounding contexts of the proposed treaty rather than the legal grounds.

My own first foray into European matters, as far back as 36 years ago, was a depthless piece of prose written for a school magazine, entitled "Why Ireland should not join the Common Market". I would not have dreamed of using the biased term, European Economic Community, as I thought that was for the lackeys, Seáníns and the sellers-out of national heritage.

Times change and our thinking changes as well. I still have that article but I do not propose to read from it now. Instead I would like to begin with a quote from the Official Report.

For instance, the question of sovereignty has been mentioned. It surely must be clear to everybody who thinks at all that the right to do as you please is not consistent with any form of real collaboration and that the first thing states must be prepared to do, if they want to enter into a union that will be effective, is to face that question and to realise what indeed they do when they enter into treaties, that absolute sovereignty cannot be retained if there is to be agreement with others. (...) When you enter into a treaty, over the period in which the treaty is effective or lasts, you to that extent bind yourself not to follow your own sweet will but to do the things which you have contracted to do. I have always held that when this question of sovereignty is raised we ought quite flatly to tell everybody that sovereignty in the sense of being allowed to do as you please must go if there is to be any type of union. It is essential that it should go. It is inconsistent with union and with real co-operation and I see nothing derogatory in contracting to limit your sovereignty in the same way that other states are prepared to limit theirs.

The man who uttered these words might be regarded by some, indeed many, as intrinsically unreliable. After all, he was born outside Ireland of mixed parents, only one of whom was Irish. Then again, his name was Éamon de Valera. His sentiments, expressed as far back as 1949, on the occasion of the debate concerning Ireland's proposed entry to the Council of Europe, are in my view an accurate and succinct summary of the whole question of sovereignty, union and democracy. They are a good deal more pertinent today than the views of people like me in the early 1970s, more than 20 years later.

A second point draws on my own experience of working as a relatively junior civil servant in Brussels in the 1980s, starting with my arrival for the very successful Irish Presidency of 1979. Irish European presidencies have, in general, been successful. It concerns a particular feature of Irish political culture, which I had occasion to observe closely on a number of occasions at the time.

Let us recreate the scene. A Council of Ministers is debating a sensitive proposal concerning trade concessions to be made to a third country so that a certain volume of that country's products may be imported into the European Community, as it was then, on special terms. Such a concession, if agreed, would displease a certain Irish lobby of some significance. The Irish Minister of the day, who shall remain nameless, went in and made a gloriously irredentist speech before being shot down in flames by his collective colleagues.

A carefully drafted compromise position, arrived at after much negotiation by a coalition of opposing interests, who wished to actually get the best and fairest possible decision, was quickly adopted. Europe 1, Ireland 0.

One might ask what was wrong with that. In my naïveté, I thought the object of the exercise was to add the weight of our voice and influence to the debate in order to gain an outcome which, as far as possible, reflected the maximum possible recognition of the Irish policy position. In fact, the Minister's eyes were not on his colleagues at all but on the local newspapers back in his corner of Ireland. It was better to die gloriously, fighting for an impossible and never-to-be-attained position of unimpeachable purity and absolutist objectives than to actually get down and dirty in the world of real politics and cut a deal.

This might well be fine for the early virgin martyrs of Catholic theology but in the real world it was not always the best approach. Although I understand the pragmatism which requires any politician to watch his or her back in the local constituency or the local media, I also believe that in the real world politics is about honourable compromises, not arid purity. We can consider the Greens in Government today, and I recognise there may be mixed views about that. I am not looking at Senator Dan Boyle at all.

Things have now changed. We live in a world not of absolute moral or ethical choices between right and wrong but in a place where choices are messy, rarely simple or unequivocal and sometimes involve getting our hands dirty. By way of example, Indymedia, a purveyor of information which is anything but independent, has taken, outrageously, to calling Irish Army deployment in Chad "Ireland's imperial adventure in Chad". "Polish, French, Irish and Italians," we are told, "will risk their lives in central Africa for the sake of Brussels fatcats." This is vicious, inaccurate and slanderous but I do not think it is entirely wrong to say, for instance, that the French role in Africa is devious, dishonest and self-serving. I would still prefer to see Irish troops, serving in an Irish-commanded force — as it is by Lieutenant General Pat Nash — doing something to preserve the lives of refugees in Chad than see us pull up the drawbridge and say it is not our problem or we will not get our hands dirty.

I served for three years in Lebanon. I had no illusions about why UNIFIL was sent there in the first place. Israel had illegally invaded the country, killing thousands and displacing hundreds of thousands, and the USA abjectly approached those friendly states like Ireland which were acceptable to other parts of the world, asking them to send in peacekeepers and save Israel's face and in the process, the so-called peace process. We did go in, and in spite of these motives and the fact that Israel continued to show contempt for the local population and for UNIFIL, on balance we did much good. We were correct to go in and we can be proud of that contribution.

This is the spirit in which I approach the text of the Lisbon treaty — a less than perfect world in which we not only should fight our corner but should also seek to influence the debate with our distinctive viewpoint on European and world affairs. History does not bind us or anyone else. I can think of nothing more heartening, in more than three decades since the death of Franco, than the decision of Prime Minister Zapatero of Spain to appoint what must be the world's first political cabinet with a majority of women. He is the most progressive and refreshing senior politician in Europe today. These are the kind of people we should align ourselves with. Why do we always have to think about defending an insular and arid position instead of seeking to bring our voices to tables such as those?

Part of the problem is that the political establishment in Ireland has never allowed for what might be called a loyal opposition when it comes to European or world affairs. In my own case, I am against the use of Shannon or any other Irish airport for the passage of US troops on their way to commit mayhem in Iraq. I note that Libertas's latest recruit, Mr. McEvaddy, makes much of his money from refuelling US military aircraft. How does that sit with the purer than pure neutralists of the anti-Lisbon lobby?

I am for the regulation of agency workers and against neoliberal economic policies in areas like health and economic development in Europe and the world. I do not always feel voices like mine can find a place on a pro-EU side because the rhetoric is so strident and uncritical. Government efforts to persuade us to vote "Yes" have been insensitive, sometimes dishonest, patronising and verging on the bullying.

Deputy Martin Cullen informed us on Monday on "Questions and Answers" that "The treaty is available in every home in Ireland" and that it was "no more complex than what we do in the Dáil every day of the week." This is patent nonsense. I can only say that apart from being untrue it also invites us to consider just how many Deputies are actually present to do these things in the Dáil, even on one or two days, and certainly not every day.

Most of all, does it not also suggest that the Lisbon treaty is probably not something which can be adjudicated by popular opinion in the first place, but should be considered by appropriately informed Oireachtas bodies, such as this committee, rather than being debated by a public which will ultimately be swayed by unrelated and irrelevant considerations, such as the future of the CAP, the WTO, being "against" the Government or some other windmill against which we want to have a tilt? There is much talk of the defeats of the constitutional treaty proposals in France and the Netherlands, but who can believe that the main reason was not the possible admission of Turkey, rather than the text of the treaty put before the people?

In reality, the treaty is not a big deal and for the most part it lives up to the name of being a reform treaty and not a radical treaty. It simplifies and streamlines decision making through the extension of qualified majority voting while leaving untouched such sensitive areas as military policy and corporate tax. It gives a new voice to national parliaments and encodes human rights through the associated charter. The Council of Ministers is still composed of the representatives of elected national governments. The European Parliament, with an enhanced role, is still directly elected and has an enhanced say in governance. The reform of the Commission will still ensure an equal voice for all member states, large and small, as each will be entitled to appoint a commissioner for ten of every 15 years. Foreign policy will be subject to a greater degree of co-ordination but I think we need this if the tendencies of some of the larger member states are to be channelled and curbed, otherwise we risk returning to the balance of power politics of the 19th century, where the great oppressed the weak. In any event, foreign policy will continue to be defined by the member states, not the EU President or foreign minister.

There is recognition of the key importance of climate change. The new system of qualified majority voting, involving a double majority of at least 15 member states out of 27 and 65% of the total EU population, seems fair. The European Parliament, in which Ireland will have 12 seats, gives a disproportionately high number of seats to small states.

The challenges of the 21st century are large-scale, even global. The response must be on a similar scale. Like anyone else, left-wingers should stay in and fight their corner as there is no alternative. We should stop tilting at windmills. As far as I am concerned, there are no windmills in the Lisbon treaty.

We will now move on to our second guest speaker. I thank both speakers for making themselves available to debate this important issue.

Mr. Joe Noonan

Good evening ladies and gentlemen. It is a pleasure to see Ms Mary Linehan and Professor John Maguire in the audience. They have worked with me on various occasions, in some cases in remarkable circumstances, as far back as the Crotty case in 1986, which was my baptism of fire into the relationship between our political establishment, our membership of the European Economic Community and public life as it is practised in this country. I am glad to be here at the invitation of the Joint Committee on European Affairs and this is my first experience of this kind.

The view I take on the Lisbon treaty differs somewhat from that of Dr. MacÉinrí. I should explain a little about how I reached the position I have taken. The history of our Constitution is probably slightly unusual and we have a particularly republican position in legal constitutional terms. By this I mean there is strong popular control over elected representatives, which is relatively unusual in a European context. The consequence of that public control came to the fore in 1986 when Mr. Raymond Crotty examined the Single European Act, which was then presented as a minor piece of efficiency promoting amendment to existing treaties, and was alarmed at what he found. He saw that it was a blueprint for economic and monetary union, a European central bank and other significant changes, including fundamental changes to the rules of the club on voting.

When we voted to join in 1973 I was too young to vote but I encouraged my parents to vote "Yes". Time changes everything but, when we joined, there were assurances that proportionality in voting, that is, a country only having a vote proportionate to its population, would be carefully guarded against. The Lisbon treaty, effectively, completes the process of introducing proportionality because Ireland's qualified majority voting strength in the Council will be, more or less, equal to its population as a proportion of the total EU population.

Mr. Crotty was advised that the decision by the Government of the time to sign the Single European Act and ratify it without consulting the public was unconstitutional. The basis of this advice was that people entrust powers to elected representatives and those powers are held in trust for us and cannot be given away. The argument advanced in court was that in the Single European Act the Government was doing this. The Government was trammelling, to use a horrible legal word used in the judgment, its discretion, something it should not do. In other words, the Government was giving up the power to decide, of its own volition, what Ireland's policies should be in, for example, foreign and security matters. The Government argued that the Act represented only a promise to try to co-operate with our friends in Europe. I was part of Mr. Crotty's legal team, as was Ms Mary Linehan, and we argued that the Act was binding, significant and, in Irish constitutional terms, a major step. The Supreme Court, having listened to both sides, agreed with Mr. Crotty's team, hence the referendum.

We were young lawyers at the time and it was interesting to see the response visited upon Mr. Crotty and the small team he had gathered around him, which was very small. A young barrister was given space in the Irish Independent the following day to suggest the Supreme Court was wrong and did not know what it was thinking when it decided, by a majority, to support Mr. Crotty’s contention. It is important to acknowledge that the contentions he advanced relating to changes to the voting system, moves towards a European single currency and a European central bank were rejected by the Supreme Court. Only in the areas of foreign and security policy did the Supreme Court hold that Mr. Crotty was entitled to succeed. They were interesting times.

It is interesting to look back and hear similar terms being used about the Lisbon treaty, including soothing words like "efficiency" and "minor changes". None of this is true. The Lisbon treaty is a significant legal and political step. There are ingredients in the treaty that are novel and ingredients the implications of which will not be known for some time. The implications of some of these ingredients are understood by specialists but very little of this information is making it into the public domain in Ireland. I welcome this meeting as it may cause an improvement in this situation.

I work primarily as an environmental and planning lawyer in general practice but I have retained my interest in the issue of common foreign and security policy. The Lisbon treaty contains a significant step change for Ireland in this area and introduces a mutual defence clause at Article 28A(7). This clause obliges member states of the European Union to render such aid and assistance as they are capable of rendering to any member state that happens to be victim of aggression in its territory. In the opinion of the recent Slovenian Presidency this is a mutual defence clause and it has been described as such by various commentators. Interestingly, it is sensitively described in the documentation in the table published by the Government as a mutual assistance clause. This description is quickly followed by soothing words suggesting that this is all subject to unanimity and that Ireland will really remain neutral.

I do not know if Ireland qualifies as neutral, how long that word will remain valid when applied to Ireland or whether it has been valid at all in recent times. The rest of the world and Europe recognise this for what it is, a significant step towards incorporating a military commitment into the club of which we are part that hitherto has been limited to organisations like the North Atlantic Treaty Organisation, NATO, and its sister organisation, the Western European Union. This is something worthy of discussion and it has not received the attention it deserves. One of the documents before me, a summary guide to the Lisbon treaty published by the National Forum on Europe, purports to give an account of the clause I mentioned but it is interesting that, on page 30, it misquotes the article and misrepresents its content. Perhaps this information is for anoraks who wish to get into such a level of detail.

I am not a party-political person so my principal motivation is the question of how we run our society and this largely depends on where power rests. I see this treaty as a continuation of the process of removing power from people and giving it to certain elements of the political establishment. We are not suggesting politicians are giving away power to Europe — that would be counter-intuitive and is not the case. They are taking power from people and giving it to themselves to use behind the screen of security. This leads to fiascos like schools paying water charges with people wondering how such things occur. When there is an outcry fingers are pointed at Europe and Europe points its fingers back. This is something we would not have faced traditionally in this country because we could look back to find who had voted for a measure and how it came about. The filtering of information between decision makers and the people concerns me and the Lisbon treaty will accentuate this process because that is its philosophy. I am an ardent European, as are many, if not all, of us in the room. This, however, represents a shift in power. It is a significant change to the nature of our democracy and I will not be voting for it.

From an Irish perspective, an aspect to consider is the magnificent role of our politicians and civil servants in liaising with the European institutions during the years, to which Dr. Piaras MacÉinrí alluded. One of the opportunities to act in that way is provided by having an Irish Commissioner who appoints a Cabinet to assist him or her. Under the Lisbon treaty, for five years in any 15-year period, we will not have an Irish Commissioner and thus will not have an Irish-appointed Cabinet. That is a significant move away from our interests. Small countries have always jealously guarded their position within the Commission which, as the audience will know, has sole prerogative to initiate EU legislation. We will not be at the table. In previous referenda we were told that while we might not like parts of a treaty, we should vote for it because we had to be at the table. As far as the Commission is concerned, we are giving up our seat in a significant respect.

Another major constitional change is that we will alter the voting power we possess by giving up significant numbers of vetoes. It is often said that as we do not use our vetoes, there is no reason to keep them. We have them and it is for that very reason we do not use them. We keep them in the cupboard for a rainy day. Even in areas where the Council votes by quality majority voting, QMV, voters know that if they outvote us on something we consider important, we can clobber them the next time there is a veto-related issue. Practical politics takes place in this fashion and I believe people are overlooking this factor with regard to the significance of the change in the voting system. Just because we do not use the veto does not mean we should give it up.

An overall view is that the nature of our engagement with the European Union and its organisations is changing, as the nature of those organisations changes. The European Union works well under the current regime. Dr. MacÉinrí has said there is no alternative, the TINA argument. I do not accept this. There is an alternative and it is what we have at the moment. One member of the Government in the past was involved with the convention which adopted the draft EU constitution, under the chairmanship of Valéry Giscard d'Estaing. This member contributed to an alternative report which stated this was not the way to go, that it would remove the European Union from democratic accountability and that we should take a different direction. There is an alternative, a simpler one, and it has been documented in the work of the constitutional drafting commission, at least among the dissenting members.

As the constitutional treaty, this treaty was rejected some years ago in France and the Netherlands. I have a copy with me of what the treaty looked like at the time. What has emerged since is the same in 96% of its content but it is being presented as something remarkably different. We are being asked to vote for this and thereby to side with political representatives who feel unhappy with the votes cast by the people in France and the Netherlands and who wish they had not voted as they did. We should not encourage our politicians to get away with such a proposition. Civilians in all EU member states have little enough power and control as it is; we must hang on to the control we have rather than relinquish it.

I am impressed with what Garret FitzGerald said, with typical candour, about what is going on with the Lisbon treaty. He said "virtual incomprehensibility has replaced simplicity as the key approach to EU reform." He also stated:

The most striking change (between the EU Constitution in its older and newer version) is perhaps that in order to enable some governments to reassure their electorates that the changes will have no consitututional implications, the idea of a new and simpler treaty containing all the provisions governing the Union has now been dropped in favour of a huge series of individual amendments to two exisiting treaties.

He describes the changes as presentational.

There are many other eminent politicians in various member states, ardent supporters of the "Yes" side, who have been equally candid concerning the purpose of chopping this document into little pieces from the constitutional booklet-form that it had and making up the unreadable Lisbon treaty collection of amendments that nobody can really read or understand. It is unfortunate that that is the way they chose to go. I do not think we should reward them with a "Yes" vote.

I thank Mr. Noonan. We have had two excellent presentations. Incidentally, all sides of political representation in Oireachtas Éireann have been invited to attend and speak at the committee meetings. We have also invited groups such as Libertas and others, both for and against the treaty, to address us in Leinster House or at one of our outreach meetings. That applies at all times and the invitation continues to be extended to all such groups. Libertas is the only grouping which has not taken up the invitation. Sinn Féin has attended. Any party represented in Oireachtas Éireann has a right to attend and speak but does not have the right to vote at the committee.

We will hear the first speaker from the floor and hope for direct questions. There are three minutes in which to place questions and if clarification is required, that time will not be eroded. A member from the platform will respond. This may be one of the guest speakers but I will try to include as many political representatives as possible, those who are committee members or deputising for same.

I refer to the point made about the courts and the Supreme Court which is correct. In regard to what Mr. Noonan said, I believe that at the time there was a need for the courts to make a decision because it appeared that we were entering a new era. There is a healthy attitude between the courts and the Oireachtas because of the specific separation of powers. That means that Oireachtas Members do not wander into the areas covered by the courts which in similar fashion do not wander into those areas covered by us. Unfortunately, it has happened on a few occasions. I am not referring to the case that Mr. Noonan mentioned. We may tend to wander into the other's territory but should not do so. We have specific rules and responsibilities under the Consitution. The courts are charged with the responsibility of interpreting the Constitution which is what they were doing, correctly, in the Crotty case.

I welcome the first speaker and reassure him that he will be well received.

Mr. Jim Linehan

I thank the Chairman for giving me this opportunity to speak. I speak in a private capacity.

Will the Lisbon treaty establish, legally, an entirely new European Union in the constitutional form of the federal EU state? The new Union, based on the treaty, will have the same name. Will it be fundamentally different from the present Union which was founded in 1993 by the Maastricht treaty? The Lisbon treaty will turn Ireland into a provisional and regional state within this new Union. With the Union's constitution and laws being made superior to the Irish Constitution and laws, if there is any conflict between the two, that will be the end of Ireland's position as an independent sovereign state in the international community of states.

That is a question. Deputy Costello of the Labour Party who is a member of the committee will respond to it.

The treaty makes provision for the European Union to have a new legal entity but does not do so other than by way of incorporation by us of the provisions of the treaty into the Constitution which we will do by referendum on 12 June. Insofar as we incorporate the treaty provisions, these will become constitutional provisions. That means that all the measures we have discussed here such as changes to institutions, the new role of national parliament and the new set of values represented by the Charter of Fundamental Rights will become part and parcel of our legally binding constitutional entity. That means all the measures we have discussed including changes to the institutions, the new role of the national parliament, the new set of values and the Charter of Fundamental Rights will become part of our legally binding constitutional entity. What happens is that every time we hold a referendum and introduce a treaty we amend our Constitution to reflect what is in that treaty, no more and no less.

Apart from that, all the issues that can best be dealt with by subsidiarity are dealt with exclusively by member states, including such issues as health, education and social welfare services. There is no impact by the European Union in terms of legislation because there is no competence in that area, nor is there any impact by the European Court of Justice. What we have done is to transpose or introduce into our legislation the European Convention on Human Rights, which has come from the Council of Europe and has become part of the mainstay of our human rights legislation. The effect of the treaty is that on the 12th June we take into our laws exactly what we vote on.

I thank Deputy Costello. Is there another question?

Mr. Jim Linehan

Would the treaty turn us all into real citizens for the first time? In a post Lisbon treaty European Union would we owe obedience to its laws and loyalty to its authority over and above obedience and loyalty to Ireland and the Irish Constitution and its laws? One can only be a citizen of a state. Would we retain Irish citizenship but be subordinate to an EU federal citizenship, as is normal for citizens of federal states such as Germany, USA, Switzerland and Canada?

In reply to that I call on Deputy John Perry, Chairman of the Oireachtas Joint Committee on European Scrutiny, which is a similar committee to the Joint Oireachtas Committee on European Affairs. Deputy Perry is a member of the Fine Gael Party and from County Sligo.

The point I would emphasise is that the role of national parliaments will be strengthened by the issues of subsidiarity and proportionality of the laws. The Commission is obliged to give advance notice of all legislative proposals prior to agreement. Each national parliament — in this case Ireland — will have two votes and the 27 countries will have 54 votes so there is total equality. It is important to emphasise that all EU legislation will be debated in the Houses of the Oireachtas and that after the Lisbon treaty, each national parliament's powers will be strengthened considerably. It is not a case of taking away powers but of enhancing the powers of each national parliament.

Does Mr. Joe Noonan wish to intervene?

Mr. Joe Noonan

I confess I am struggling to see the connection between the answer and the question. The question related to citizenship of the Union and the citizenship of our State. It is a fair question because it is a novel feature of the Lisbon treaty, not entirely novel but novel to a significant degree, that we are given, whether we want it or not, a citizenship of the new European Union. There is a new European Union. The European Communities that we know and loved to a greater or lesser extent is being abolished to be replaced by this new creature which has legal personality and we are, willy nilly, given citizenship of it. It is not clear to me what the interrelationship between that citizenship and the citizenship we enjoy as citizens of Ireland will be in time. It remains to be seen as the treaty is not clear, specifically on the duties that may be interpreted to be imposed upon us in time to come.

We are coming to the end of the speaker's three minutes so if there is another quick question, by all means, but otherwise we will move on.

Mr. Peter Lucey

I am officially a member of the Labour Party. The treaty has good and bad points, but I find many of the good points to be not so good in that they are sometimes a smokescreen. There are bad points to the treaty and this is an example which may sound somewhat specific but I find it to be a strong example of that with which I disagree. It concerns what the treaty calls for in terms of competition. It says there should be no obstacles to competition. That is not a quote from the treaty but it is close to it. This sounds to me like plain neoliberalism, which could be very harmful in terms of preventing investment in public services. What does the committee think of this? Would it agree with this stance or would it disagree but allow it as a compromise with other matters?

We will get some replies in that general area. I call Deputy Michael McGrath from the Fianna Fáil Party here in Cork.

I welcome the committee and the members of the public. It is good to have the meeting in Cork. To answer Mr. Lucey's question on the issue of competition, the distortion of competition is the term actually used. It is something that opponents of the treaty have put forward as a potential basis for undermining Ireland's position on corporate tax and the retention of the veto in that area. This is completely untrue because, if anything, for the European Union to interfere and force all member states to have a common corporate taxation rate would be a distortion of competition. The right of each member state to retain independence and autonomy over such issues is very important. Ultimately, the European Court of Justice will make the decision on what constitutes a distortion of competition and the removal of any such mechanism. The treaty is clear about the retention of a veto in the area of taxation and other sensitive areas. I do not see any adverse implications on the interpretation of competition.

I call Senator Dan Boyle who is also from Cork. He is deputising for Senator Déirdre de Búrca, a member of the committee.

Senator de Búrca was born in Cork, if that helps. In competition policy and public services there is no doubt that there are different views within the European Union about the direction in terms of policies and how to take a collective approach in this area. The European Union in its various forms from the Common Market onwards has always strived to look for common standards. The argument should be that we should strive to have the highest possible standards, especially in terms of social services. There are many European Union countries that have better social service standards that ours, particularly the Scandinavian model.

The essential elements of social services and policy depend on competencies that remain national policy. Taxation, for instance, is one and the treaties do not allow for any common approach to taxation. They do not allow either for the differences that exist in different social security systems in Europe; these too remain a national competence. Opponents of the treaty fail to recognise that current treaty provisions assist in several social services areas to our benefit. If one takes our health services, and I wish someone would, we have access to better health services through the E111 form than we can access in our own country.

Some of the education provisions — particularly at third level, such as Erasmus, which helps institutions such as this — are other good examples. Some social policy innovations happen within the confined framework of agreed policies only through the EU and not through our own limited political structures. We should welcome them. However, overall policy will still be a matter of national Governments determining whether we should go further in any area and whether we are prepared to drop important vetoes. I suspect that is not the case.

Hearing some of the arguments made this evening, I have considered some of the areas about which people have fears, particularly on the common foreign and security policy. Two things make me confident that there will probably never be a common European approach on those issues. There will be moves towards greater cohesion and coherence, but let us take as examples the different positions European Union member states have taken on the Iraq war and the recognition of Kosovo. Ireland has recognised Kosovo, but other European Union member countries, such as Greece, Bulgaria and Romania, have not. When a national interest is at stake, the current modus operandi of member Governments and nation states is to consider that national interest first. I see nothing in the Treaty of Lisbon or the treaties that have been agreed to date that will change that behaviour in the European Union.

Deputy Noel O'Flynn wants to speak. Needless to say, he is also from Cork — he is deputising for a member of the Committee as well.

We have had 35 years of European membership. The competition policy and law that has been introduced over that time has been very good for Ireland. State monopolies, such as in electricity and telecommunications, have been opened up to competition, and postal communications will be fully opened up in another year or two. The many changes we have seen in air travel, the control of airports, insurance and other areas have been very good for consumers here and for Ireland as a whole. The free movement of goods throughout Europe has been hugely important for businesses that are importing and exporting goods as no tariffs are involved. Prior to joining the EU, tariffs were put on motor components and other products coming into the country. Overall, competition has been extremely good for this country. There are certainly essential public services that should be retained, but I see no difficulty in opening the vast majority of public services to competition.

I will bring in Deputy Perry briefly.

On the level of competition and investment, the growth in the economy has been extraordinarily successful with the euro currency, and there is an amount of American investment in Ireland, with €83 billion and a totality of 225,000 jobs. We should consider the level of influence that Ireland, with 4 million people, has in Europe and America, and the continuous investment that is now critical. It would be a negative message to foreign investment here if we were to vote "No" in the referendum. This is not a vote on Ireland's membership, but it will have a huge effect of the view of Ireland in Europe and America. A "No" vote would have a detrimental effect on the economy at this critical time.

We will have our next question.

Mr. Robert Porter

I thank the committee for the opportunity to speak today. With reference to the point made——

What is your name?

Mr. Robert Porter

My name is Robert Porter, and I am studying government in first year here in UCC.

The Chairman spoke of the separation of powers and how that is contained in our Constitution. Our Constitution is fundamentally important, and all of the extremities of the state are built on it. When we talk about the Constitution, we should remember it is of the utmost importance. The President of the European Commission, Jose Barroso, recently spoke here, and when a question was put to him, he mentioned that it is democratically sufficient for the treaty to be ratified in Parliaments in the rest of Europe. Our Constitution was passed by referendum, and I maintain that happened because people needed a referendum to make it acceptable to them. If the Constitution had only gone through the Parliament, people may not have subscribed to it as much. It is fundamental that we are having a referendum on the treaty. My question is whether the Committee believes the rest of Europe should also have the treaty put to them in a referendum?

The short answer that I can give is that it depends on their constitutions. Some countries in Europe do not have a written constitution. Our next-door neighbours have a form of a constitution — we will not go there — and Germany, for instance, does not have referenda because of the experiences that it has had in the past.

Mr. Robert Porter

I realise the difficulties in that respect.

We can have a referendum by virtue of our Constitution, which requires it. To my mind — I have served on this committee for a long time — whatever decision we make, by virtue of its being led by a referendum, will carry as much weight as any other decision. However, I will go to the other speakers on the platform. First is Senator Terry Leyden from Roscommon, who represents Fianna Fáil. He is also a member of the committee.

Thank you, Chairman. Let us all cheer up in Cork, because this is the first time we have had an Oireachtas committee here. I know this is the independent republic of Cork, and there is not a full Dáil down here, but we have the next best thing here tonight. I am delighted to be here. I serve on both the European affairs committee and the European scrutiny committee, and I am a representative in the Council of Europe.

I am delighted that, due to the Crotty case, we have a referendum on 12 June. I am delighted that 4.2 million people in Ireland will decide the future for 500 million people in the European Union. It is a great responsibility, and each one of us has an equal vote. It is great democracy to have that, and I am delighted to participate in the debate here in Cork and throughout the country. Ultimately, we have to look at this city. I have known it for several years — I was here as a minister one time — and, my God, Cork has improved. Due to membership of the European Union, Ireland has improved. As far as I can see, it is in our best interests and for progress and prosperity to vote "Yes" on 12 June. It is good for us, for our future and for securing and maintaining jobs.

The Treaty of Lisbon is complex. However, I can tell people that, at a meeting of the Council of Europe last Thursday, we discussed the Fundamental Human Rights of the European Union, which is in new Article 6, and joining the European Convention on Human Rights. We have entered into discussions with the Council of Europe to ensure that all of the European Union, as a body, will be part of the convention as agreed in Strasbourg. That is important, as it gives people extra rights and responsibilities and it gives us extra powers too. We voted on that last Thursday. Believe it or not, only 38 people voted, with 33 voting for it. The Eurosceptics — the British Conservatives in particular — voted against it and did not want this extension of human rights to extend to the European Union until all countries had decided on the treaty.

Out of 27 countries only Ireland has a right of a democratic vote on 12 June. I am proud of that and I am delighted we have that opportunity. The other countries have decided to ratify the treaty through their own Parliaments. We at the edge of Europe want to be at the centre of Europe by voting "Yes" on 12 June. I am not saying what will happen after 12 June, but I feel it is in our best interests to vote "Yes". The treaty is not about taxation — we have a veto on that as far as corporation tax is concerned; it is not about abortion, which does not arise; and we will maintain our neutrality. I am in favour of the treaty on that basis.

I have read much of the treaty. It is complex but, unfortunately, treaties have to be complex. However, people can be assured that we would not be almost all united in our approach, with such support for it in the Oireachtas, unless we felt it was in the best interests of our electorate.

Would Dr. MacÉinrí like to enter the fray on that?

Dr. Piaras MacÉinrí

I have just a quick comment in case anyone thought earlier that I was suggesting that a referendum was not a good idea. On balance, I think it is a good idea. However, the consolidated version of the treaties has 338 pages. Despite what Deputy Martin Cullen might have said on "Questions and Answers", I do not think that everyone is sitting up late at night reading it at bedtime.

We are having a plebiscite on a complex matter. I was a civil servant for 11 years. I worked in Brussels and in the Department of Foreign Affairs and I was familiar with this type of issue but I still had to go over it many times to try to get a grasp of what I thought it meant. There is a heavy onus on the Government to consult in a way that is accessible to ordinary people, and it has not done that. Former Senator, now Deputy Mary O'Rourke, of the Government side, pointed that out in the Seanad. To take up Joe Noonan's point in which he criticised part of the content of the guide produced by the national forum, it is incumbent on the official side to ensure that all the documentation produced is above reproach and I do not believe those objectives have been met. It is a little late in the day now, although I am pleased to see this type of consultation procedure, to claim that everyone has been properly informed. I do not believe that is the case. The evidence from the polls is that the great majority of people have no idea what this treaty is about and have not decided yet how they will vote. The onus lies on the Government in particular to do a better job than it has done to date in explaining what this is all about.

Mr. Porter has raised an important question and it is one put to Commissioner Margot Walström when she attended one of our European affairs committee meetings in the Oireachtas some months ago. She made the point that it would not be a matter for the European Union to dictate to countries how they should make their sovereign decisions on issues such as this one. Their decisions must be made in line with their own individual constitutional provisions. All countries bar Ireland have chosen the representative democracy road regarding the adoption of the treaty.

The people who took the Crotty case did the citizens of Ireland some service by establishing the principle that where the essential scope of the European institutions are being changed, it is ultimately a matter for the Irish people to decide by way of direct referendum. That is an important principle. It is desirable that every country would go directly to the people but it is a matter for them within their own constitutional provisions. In the past week in two separate articles in a national broadsheet, two UCD academics argued whether the Crotty judgment meant that a referendum had to be held. One argument put forward was that the politicians have decided to put it to the people for political reasons as a way of defending their own position and letting the people make the final call on it. That judgment did the State some service and we are adopting the correct approach.

A problem that has arisen frequently is that many people do not understand what is in the treaty. The same was said about the first and second Nice treaty referendums but for one reason or another many people voted in favour the second time. I do not know whether they got all the information they required in the intervening period but there was more debate as a result of the second referendum. It is felt that the exercise we are engaged in should be of benefit to the participants and to us in coming to our conclusion when we produce our report. Does Mr. Porter have another question?

Mr. Robert Porter

I would like to thank the committee for the answers given. Regarding the second Nice treaty referendum, the difference was that we had the Seville clause which guaranteed a certain amount of neutrality in that respect.

While on the subject of neutrality, I am very happy to be a European. I have benefited greatly from it. I have taken advantage of the fact that I can move to other countries and have worked in a few European countries. However, I do not want to see a militarised European Union and there is a provision in the Lisbon treaty that all EU countries will increase their military spending. I want to address that issue, not necessarily because it affects our neutrality but on the basis that we are now aligned to a European Union that wishes to aggrandise its military.

A number of members may want to come in on that defence and neutrality issue. Our neutrality remains in the hands of the national Parliament. The Irish Government is subject to the triple lock mechanism. In any event, it is specifically provided for in this treaty that it does not affect our neutrality. We are our own masters in that regard. Reference was made earlier to sovereignty. We are a sovereign Parliament. That means we are answerable to no one. The Government is a sovereign government. I agree with those views.

Regarding defence and the question of rapid response forces or groups, a problem arose about ten years ago when war broke out in the western Balkans. At that time the only forces available were the United Nations, which was in control in the region. Its forces were defending what were referred to as safe havens but they were overpowered by Mr. Milosevic's forces and 8,000 people were slaughtered in the space of a few days. The EU and the UN said it was awful. We all saw the images on our television screens and said it was awful. I was a member of the foreign affairs committee at that time when all the European ambassadors came before it and made submissions in which they said it was awful but nobody did anything about it. The European Union then resolved, and this is where this issue arose from, that there should be some means of addressing an issue like that from within the Union or even on the periphery of the Union where the Union, or a member of the Union, was threatened or on humanitarian grounds. Ireland has been playing a major role in that area for the past 50 years. It has done extremely well in that regard and is recognised for that throughout the world. The Irish Defence Forces are proud of their record in that regard.

I have been a member of this committee for nearly 27 years and I do not see anything in the treaty that would concern me, as an Irish person, and certainly not the issue of the Defence Forces. I would be always anxious to ensure, however, that the logistics would be put in place to make certain that we would never be left vulnerable in the type of missions to which I referred. That is important. I would be glad to debate that at a later stage. I see Mr. Noonan wants to come in on this, although I do not want to generate a debate around it.

Mr. Joe Noonan

We could do with one. The questioner put his finger on one of the cornerstones of the Lisbon treaty. It is a treaty that advances, if one wants to use that term, a militarisation philosophy. One should do a search of the treaty for the word "military" and see how many times it appears. This treaty, for the first time, gives treaty status to the European Defence Agency. That is a new body that was not in the treaty we voted on previously. It was set up quietly about three or four years ago. We have been giving it public money by vote of the Dáil since then, as have other European countries. It is an embryonic agency which is intended to act as a clearing house for procuring military supplies for Europe's armies. That is a tax on the people and they will be asked, by voting on the Lisbon treaty, to endorse what was established in a quiet way some years ago. I will not be voting for that.

The questioner also correctly said that the text of the treaty includes language that requires countries to progressively improve their military capabilities. I disagree with the Chairman's analysis of the reason that is so and the purpose of it. We can do these things by co-operative agreements without writing them into treaties. It is not necessary to put them into treaty form for the purposes their supporters advance as being the reasons they are there. This is a significant departure for the European Union, which was primarily an economic union when we joined it. It became, increasingly, a political union and it is taking on, to use the language of a previous questioner, aspects of federalism of which military capabilities is a cornerstone.

I do not wish to monopolise the debate but I would contend that if it could be done by other means it would have been done in 1991 when war broke out in the region to which I referred. It was not done but there is now a provision for it to be done and the Irish people have a right to have this debate to ensure they know what is involved. Despite the fact that all of Europe had the goodwill to recognise there was a problem that needed to be dealt with at that time, because of the history of the respective European countries, each was incapable of taking any kind of action. Hence, NATO had to intervene. Now the European Union hopes to replace that kind of action with something that is mutually acceptable from within the Union.

I invite the next speaker to state his name, address and serial number.

Mr. Justin Scannell

I am a student of government at UCC. The Chairman, in making the previous statement, used the term "know what is involved". I am not an EU sceptic; I am actually against neutrality. The EU has brought this country some marvellous benefits. I do not know what is involved with the European Commission in this context. History tells us that if we reject this treaty, those in Europe will come back in another few years time and try to get us to accept another one, which indicates, effectively, that they do not accept our will unless it matches their own. What exactly does the Commission stand for? It has various members. Some members may want something and others may want something else, but why do they not all come together and say publicly exactly what they want?

Who would like to take to address that question first? I note Deputy Joe Costello wants to speak following whom I will call Senators Phil Prendergast and Dan Boyle.

The argument being put abroad is the opposite to one Mr. Scannell presented, namely, that this is a self-amending treaty and that this is going to be, as Ulick McEvaddy said, the last one for a thousand years. The European Commission is a much maligned body in one way because it has been presented as though its members are unelected and so on. However, every member of the Commission has been appointed and sent to the Commission by his or her member state. Each of the 27 member states has the right to appoint a Commissioner. That is the current position. Up to 2004, the larger member states, such as Germany, France, Italy and the United Kingdom, had the entitlement to appoint two Commissioners. What is now being proposed is that the number of Commissioners will be reduced from 27 to 18, in other words to two thirds of the size of the Commission, and that each country will lose a Commissioner in every third term of five years but every country will have the same entitlement to a Commissioner in that period. That means that Germany, which has a population of 82 million, will have a Commissioner on exactly the same basis as Ireland, with a population of 4 million, will have one, or Slovenia, which holds the Presidency of the European Union and has a population of 2 million, will have one. A great deal of egalitarianism is being introduced into the construction of the Commission.

I do not envisage a position where the Commission will make proposals for a new treaty. It is not the function of the Commission to do that. Rather that is considered by the Heads of State as issues arise that must be addressed. There are many institutions in the European Union, the Commission being only one of them. The European Parliament is made up of the directly elected representatives of all the member states. The Council of Ministers comprise Ministers from each member state who meet once a month in Brussels. The European Council is the summit of prime ministers who meet quarterly. All these institutions come together with proposals and a convention or an Intergovernmental Conference is set up and they come together when there is a need for amendments to be made to the treaties. Therefore, there is no question of the Commission doing a solo run. It cannot do that; it must report back in that respect.

I wish to refer to the issue of defence, on which Mr. Joe Noonan spoke for much of his presentation. I admire the good work he has done over the years on the Crotty case. I am in favour of referenda, even with the difficulty involved.

European defence policy comes under the common foreign and security policy. We are already members of the European Defence Agency — it is not something new. The underlying principle of the common foreign and security policy is that none of the member states can engage in any military activity that is not in accordance with the United Nations Charter. There is no question of any of the member states going off on a military adventure anywhere in the world. It must be in accordance with the United Nations Charter, international law and democracy. That applies to every military mission in which any member state can be involved.

Ireland raises the bar a bit higher in that we will not get involved in any military mission along those lines under the UN Charter and international law. We want a specific mandate from the United Nations for any mission. That means that the Security Council of the United Nations must give a specific mandate before Ireland will get involved. Therefore, there is no question of any of that type of adventurism taking place. All the missions in which we can become involved are specified as humanitarian issues, conflict resolutions, peacemaking and peacekeeping. They are in the good category in the broad context under which the European Union was established in the first place as an entity to bring peace to a war-torn Europe. It is extremely important that Ireland remains full square involved in the common foreign and security policy and that we bring our particular vision, one of neutrality and conflict resolution, to the table. It is a fantastic stage. We should be proud of the military service our forces have given abroad on these missions.

I call Senator Phil Prendergast, a member of the Labour Party from neighbouring County Tipperary.

I will be brief, as Deputy Costello has covered a good deal in his response. In regard to militarisation, the EU is not forming an army and that position will not change. Irish troops cannot serve aboard without the express support of the Government and a vote in favour by Dáil Éireann. Specific peacekeeping deployment of our troops is sanctioned and mandated under a specific United Nations resolution.

On the loss of a Commission seat, Ireland will lose a permanent Commission seat, but the Commission will become more open and fair, as membership will rotate between the member states such that each member state will have a Commissioner for two out of every three terms of the Commission. Ireland will have an equal say in that regard.

I will respond briefly to the basic question on the Commission and ensuring accountable democracy in the European Union. We need to be clear that voting for the reform treaty will not bring about nirvana in the European Union. It will bring about more accountability and democracy but serious problems in both those areas will still exist. We should be striving to make the European Union as democratic and accountable as it can be. There are difficulties in terms of its secretive nature in how decisions continue to be made. Those decisions will be less secretive now. The meetings of the European Commission will be more available. There is more involvement of the European Parliament in co-decision making and more involvement of national parliaments in overseeing legislation. However, problems continue to exist. For instance, when the Members of the European Parliament decide among themselves that they will not reveal their expenses to the citizens of the European Union, then we still have institutions that are badly in need of reform. The best way to address that is by going along with the type of reforms being suggested here and using the political pressure we all have as citizens of Europe to try to bring about the most accountable and democratic structures possible.

I will now take the next question.

Mr. Justin Scannell

I probably should rephrase my last one. Deputy Costello corrected me on what I said. It does not just come down to the Commission in that many institutions are involved. Senator Prendergast spoke about the terms during which we will have a Commissioner. Does the committee have an opinion on the ultimate end goal of the EU? When will we stop having referenda in respect of it?

If I might be so presumptuous as to answer, it is not intended to stop having referendums when there are changes. I do not accept the suggestion that this is a self-amending referendum. There will always be a need to hold a referendum if within a proposed treaty there is something at variance with what has already been approved by the Irish people or it contains something new and it is believed a referendum is required to bring it into line with the Constitution.

Something else has not been mentioned. Previously, I was one of the people who fought long and hard against the removal of a Commissioner for each member state. I believed that, as in the United States, we should have individual representation. I have changed my mind. The reason is that I believe the proposed system is better and fairer because it more truly reflects what the European Commission was intended to do in the first place. The Commission was intended to be the engine of the institutions, the driving force. While it was not very open in the beginning, it is now. All its decisions are published and available to the public. In fact, the European Parliament sacked the entire Commission a few years ago, just to prove it could be done. There is a degree of openness. The only issue is that its members are not elected. However, in this proposed treaty there is a proposal to elect, through the European Parliament, a President of the Commission for a specific number of years. The theory originally was that the Commissioners were not accountable and elected and, in some cases, people said they were not electable. That is not entirely true.

Why should I say the new system is better than the old one? The Commission representatives of member states with two Commissioners, such as Britain, France, Germany, Spain and so forth, could use excessive influence, go on a solo run or could go on the type of adventure it has been suggested Mr. Mandelson has gone on in recent times. The new proposal will be fairer. It will ensure greater interdependency between the Commissioners and the Commission and allow it to do what it was supposed to do, which is act as a body on behalf of all the member states and not on behalf of any one or two states.

Mr. Matthew Ryan

My name is Matthew Ryan and I am not affiliated to any organisation. I thank the committee for taking the time to come to Cork. It is nice to have the members here and means a great deal. I am final year student of government and public policy in UCC and, among other things, I am studying the European Union. I and many of my colleagues have been attending the forums and debates that have taken place in Cork on this issue. The consensus emerging from everyone at them is a disenchantment with the debate. There is a feeling that what we are getting is a lot of Europhiles stuffing Europe down our throats. The chairman said that the draft constitution treaty is now the draft Lisbon treaty. It is basically 90% of the same treaty that was rejected by France, in the largest turnout ever in a European election in France. A majority of the Dutch people also rejected this treaty. Would we not be standing with our European brethren by rejecting this treaty? The process being used is not democratic in that people are not voting on the Lisbon treaty. Elected officials and technocrats have come up with a document that suits them and they are putting it forward for the people of Europe. They are trying to get it through as quickly as possible through a small state on the periphery.

I will call on Dr. Piaras MacÉinrí to respond. It should be mentioned that the technocrats did not draw up this treaty; it is an agreed treaty by all the member states. The political input is there in all its honour and glory.

Dr. Piaras MacÉinrí

In a way this question has already been answered. It is not appropriate for one state to have a view about how other states should make their decisions. Where states decide through their parliamentary process whether to accept or reject a treaty, it is not for us to claim that it is an illegitimate way of doing it. The people who make those votes in the Italian Parliament, for example, are the duly elected representatives of the people. That is a perfectly acceptable form of decision making. We happen to have chosen a different route but that does not mean we can say that the Italians or the Germans are being less democratic in the ways they have adopted the treaty.

There is a suggestion running through this debate that there is an unaccountable elite making all these decisions behind the scenes. The same idea emerged about the European Commission. In fact, the European Commission is a tiny bureaucracy and in my experience it is far more open, by a long way, than any Department I have ever encountered. I could go to the Department of Justice, Equality and Law Reform for months and years before I get a document from it but I can go to Brussels and get anything I want. There is a difference. The point that must be taken on board is what the Chairman just said, that there is political ownership of all these matters. They were decided by our elected representatives sitting in the Council and in the European Parliament. These are democratic procedures. The Commission plays a relatively minor role.

I call Senator Phil Prendergast and Deputy Michael McGrath, in that order.

Two years after the EU constitution was rejected by France and Holland, a compromise text was agreed between all 18 states that approved the constitution. The two that rejected the constitution and the remaining seven states all agreed to the text of this new treaty. Even though the constitution was rejected, there might have been a perception that they were getting a second chance, like we did with the Nice treaty. That will not happen this time.

It is often forgotten in the debate about the constitutional treaty that a number of countries passed it in a direct vote by the people. It was rejected by France and the Netherlands. It is true that the constitutional treaty is the basis of the Lisbon treaty but there are changes. It is a new proposal. Dr. MacÉinrí answered the question well. Ultimately, it is a matter for every democratic state to decide within its constitutional provisions the mechanism by which it adopts this treaty.

Mr. Joe Noonan wishes to speak. I know he will agree with the last speaker.

Mr. Joe Noonan

The Chairman has impeccable judgment and is absolutely right. The question raised by Mr. Ryan goes to the heart of the matter. It reminds me of the candid and honest remarks, which I endorse, of the former President of Germany who also happened to be a former president of the German Federal Constitutional Court, Roman Herzog. He summed up that dilemma for which Mr. Ryan used the word "disenchantment". He said — I will paraphrase — that we are experiencing an ever greater inappropriate centralisation of power away from the member states and towards the EU. Most people, he said, have a fundamentally positive attitude to European integration but, at the same time, they have an ever increasing feeling that something is going wrong, that a non-transparent, complex, intricate, mammoth institution has evolved, divorced from the factual problems and national traditions, grabbing ever greater competencies and areas of power, that the democratic control mechanisms are failing and that it cannot go on like this. President Sarkozy expressed a similar sentiment. He said France was just ahead of all the other countries in voting "No" and that it would happen in all member states if they had a referendum. He said there is a cleavage — he would know what he is speaking about there — between people and governments and that there would be no treaty if there was a referendum in France.

As to whether this is our last vote, I agree with the Chairman. It is not our last vote because of this notion of a self-amending treaty. I do not buy the argument some people have put forward that this is the case. I say it is our last vote for a different reason, which rests on the judgment of the Supreme Court in the Crotty case. The judgment stated that where the areas of competency are enlarged, we must have a vote on it because our elected representatives are signing away our power. The reason I say this is the last vote is that the Lisbon treaty completes the suite of competencies that need to be shared or given to the European Union. It does not have other competencies and must come back to us in the future within the meaning of the Crotty judgment. In my opinion, therefore, this is our last vote on a European issue.

That is an opinion. We will view that as well later. I call Deputy Joe Costello and then Senator John Hanafin.

Most of what is in this treaty was in the constitutional treaty. When the Taoiseach, Deputy Bertie Ahern, said 90% of the constitutional treaty is in the Lisbon treaty, he was correct. The Taoiseach and the Irish Government had a major input into the content of the constitutional treaty. I have no problem at all with what is in it. I am totally in favour of the Charter of Fundamental Rights and the social clause that the European trade movement and the Party of European Socialists insisted would go into this treaty, and which was in the old one. I am totally in favour of the new role given to national parliaments. It is not true, as Mr. Joe Noonan has said, that there is centralisation through this treaty. It is the opposite. There is greater transparency in terms of the fact that all the decisions by the European Council must be made in public, whereas they were made behind closed doors in the past. There will be co-decision making powers between the European Parliament and the European Council. The European Council had the powers before whereas the European Parliament had great difficulty in getting powers and getting control of the budget. The very fact that there is equal rotation of membership in the Commission is a further democratisation of the process. This is a good treaty and the first one that could effectively be called a citizens' treaty. Most of its provisions are directed towards the people whereas many of the other treaties concerned the Common Market, the European Economic Community, the Single European Act and the eurozone. This treaty specifically has a major input of rights for the citizens of Europe. All legislation that will henceforth come from Europe must now, legally, be socially proofed in the context of full employment, the impact on communities and its general social impact. Not only will the legislation not be made by the European institutions on their own, but a new mechanism will also involve national parliaments. That provision was not there before. Therefore as soon as the Commission comes up with an idea for legislation, policies or regulations, it must immediately contact national parliaments. It did not have to do that before because the Government could work through the Council of Ministers. National parliaments will now have a direct role in responding to any legislation coming through. Rather than the treaty being about centralisation, it is the opposite — democratisation.

It is a very important question. I will now call on Senator John Hanafin of Fianna Fáil, who comes from Dublin but has strong connections in Tipperary.

It is the other way around — I work in Dublin and am from Tipperary.

The question refers to centralisation. Some 90% of the original constitution is retained in the new treaty. One sentence in a treaty could change its whole meaning, not to mind the difference of 10%. The 90% that was retained was that part which was necessary for running a new 27-member state EU together with the checks and balances inherent within the EU. Each national parliament has the ability, with others, to use a yellow card system. It is important to deal with facts rather than shadows. These are the facts: if nine nation states come together and say the proposals coming from the EU are not in line with the subsidiarity principle, the matter must go back to the EU. In the case of justice matters, if 13 votes out of 54 reject a proposal, it must go back to the EU.

As regards the question of losing sovereignty, if one goes back to 1972, just before we joined the EEC, 60% of our exports were still going to the United Kingdom and there was large scale emigration. The country's demographics were skewed because emigration had left a high preponderance of elderly and very young people. Fewer women were getting married. The question remains as to what kind of independence we would have without the type of EU co-operation we now have. We have gained from that. The suggestion was made that we lose every time we ratify a treaty but in fact we have had a national flowering.

We need much more enhanced co-operation in the area of justice to combat the drug cartels. There are drug problems in Cork, Thurles, Dublin and every village, town and city. We want to know where the money is going and where the criminal overlords are living. They are living in the costa del crime. If the Criminal Assets Bureau goes after a criminal, it can sequester that money for the benefit of the people of this State. However, if the CAB went out to Spain to sequester assets there, the CAB officials would be arrested, not the criminals. We must change with the times and examine the subsidiarity principle. Some things are better dealt with in Europe, such as energy and agriculture policies. In particular, we need cross-border co-operation on justice matters. Rather than looking for shadows we should see the facts.

Next question please.

Mr. Matthew Ryan

That really sets me up for my next question. Dr. MacÉinrí talked about parliamentarians and politicians negotiating these treaties. There is a difference between people negotiating European treaties when there is no public opinion oversight and the issue is not in the mass media and issues that come into play here. The early-warning mechanism, which is definitely a good thing, is in the treaty. There are merits to this treaty but a colleague asked me earlier today "Why would you go to that thing tonight? If we do not vote "Yes" on that thing this time, we will have to vote "Yes" on it in six months' time, so we might as well vote "Yes" on it today."

In France and the Netherlands, the vast majority voted "No" and the highest proportion of those were in the 18 to 24 age bracket. I am no Nostradamus but I think exactly the same thing will happen here in Ireland. Europe is alienating young people. Another argument that came out again was the historical one and Mr. Barroso had the same argument here last week: "I grew up in a dictatorship and Europe is great for you because it was great for us". This is what is disenchanting people. It is not working for young people. As regards competition policies, the pause for reflection was actually a pause until there was a neo-liberal president in France. I want to know when Europe will cop on and work for young people.

Yes, it is interesting that Mr. Ryan should mention that. I think Deputy John Perry and others want to come in on that point. I should mention that point came up once before from a Dutch parliamentary body. We questioned them at length on the reasons for saying the kind of things that Mr. Ryan has just said. It appeared to us that they were more materialistic in their attitudes than the previous generation. We asked them, for instance, if they felt any responsibility to try to ensure that we did not have another war in Europe, but they did not want to focus on that at all. We respectfully reminded them that it might be no harm — particularly living in the centre of Europe — to keep an eye on that issue too. It is an issue that affects all of society at any time, not just Europe, us or young people. Every generation tends, at one stage or another, to forget the sins and triumphs of the past. For instance, if Hitler had read Napoleon carefully he would not have gone the way he went. He would have learned from that lesson, but he did not. Europe is noted particularly for not learning lessons. History students will know this quite well. Down through history, Europe fought its own wars and kept the armaments producers of the world going all the time. The last 50 years was the only period in which there has been almost as near as Europe could get to peace, with the exception of the western Balkans. It brought European people together with collective responsibility towards each other. I think it did a great service but we are going through that particular period now. Having said that, one can walk down any street in any European city and one will meet young people. They can speak to you in their language and one will understand part of the language. They go to pop and rock concerts and enjoy the same music and pastimes together. At this stage, however, they do say that they are disconnected, but maybe we were disconnected when we were young people as well. Maybe I am still disconnected at times.

Does Dr. MacÉinrí want to say something on that?

Dr. Piaras MacÉinrí

The Chairman's question is a very good one. He has gone to the heart of it. I wish to give three quick responses. On the Netherlands and France, the evidence indicates that much of the vote on that question was to do with Turkey. It was a flagrantly Islamophobic response to people not wanting Turkey joining at a time when we had many debates about whether Europe's history was Christian and all that kind of nonsense and it impacted on popular opinion. I regret that it did so.

There is a general problem of alienation from the political process across all the developed western democracies among young people. I just note that fact. It is a complex matter and there are all kinds of reasons for it. We live in a more individualised, privatised kind of world. We are probably more connected to You Tube than we are to political parties and that is something about which we need to think.

There is a more subtle matter here involving allegiances. We do not live in a post-national Europe. The nation state is still the big story in town for most people. In many ways, the trick is to balance our allegiance to the nation state with our membership of something which is actually a completely new political entity in world history. We do not feel a sense of allegiance to the EU as we do to our own countries and yet at times we can very quickly forget what the benefits are.

This country is full of Polish, Lithuanian and Latvian people who are damn glad they are members of the EU and that they can come here to find work. These young people can come here and find work they cannot find in their own countries. In many ways, we have got to the stage where we can take all these things for granted but we need to rethink it.

That is the Single Market.

Mr. Tom Wren

My name is Mr. Tom Wren. I am an LLM research student here and a former member of Fine Gael. I resigned about three weeks ago on account of the Lisbon treaty. I was chairman of the Carrigaline branch for three years and acting chair of the Cork South-Central constituency executive in 2000.

The only person who has brought some sense to this so far this evening is Mr. Noonan. I certainly could not improve on what he said as regards the defence situation. The reason the First World War spread so wide and so fast was because of the dreikaiserbund with these secret little protocols. All of the nations were suddenly embroiled.

When the French voted "No" as far as I know it was not due to fear of the Turks but it was the year of the so-called "Polish plumber". A gentlemen spoke earlier about the economic aspects. As one of our most able Supreme Court justices famously said in the Sinnott case — although they are all obviously extremely able — we live in a republic and not an economy. I think it is outrageous to suggest that because of what people in America might think, we should be frightened into voting "Yes". When we voted "No" to Nice, it had no effect. When the French and the Dutch, thank God said "No", it had no effect.

I will ask only one question. I sat in this hall last week in front of the President of the EU Commission, Mr. Barroso, and I told him why I was voting "No". He gave no reason to convince me that this is necessary. I am most concerned as an Irish person. The Chairman spoke of sovereignty. Of course, we must pool it but I fear for this grand Fianna Fáil, Fine Gael and Labour Party coalition where if one does not say "Yes", it is almost as if one is unpatriotic and anti-European. That is not the case.

As our outgoing Taoiseach and one of the gentlemen here said, the treaty contains at least 90% of the proposed EU constitution which was rejected by the French and the Dutch. Unlike the US founding fathers, who knew there would be constitutions within a constitution, I do not think we can have the same.

My simple question is, the fact the rest of Europe is being denied the opportunity to vote and this is being put forward as something that is more democratic, does the Chairman really think, even only on the basis of moral authority, that he can say to all of us to vote "Yes"?

I thank Mr. Wren. Most of that question was answered already. The fact that two countries voted "No" does not really affect us. This is an independent country, a democracy and a sovereign state. We should not look at any other country and say it did the right thing by voting "Yes" or "No". This is our decision. One cannot say one country made the correct decision. We will make our own decision. We will become conversant with the issues and we will go to the polls and make a decision. I fail to see how one can point to a country which voted "Yes" or "No" and say we must do the same. There is no compulsion on us. We are independent. If we believe we are independent and if we fight to retain our independence and sovereignty, we must be sovereign in our decisions.

I do not want to go into a history lesson. I used to be a student of history and I would be delighted to have a debate on that subject at any time, especially on the wars in Europe. I am very sorry to hear Mr. Wren has resigned from Fine Gael. I hope he will have second thoughts about it, as I hope the Dutch and the French will have second thoughts. I thank Mr. Wren.

Mr John McNally

My name is John McNally and I am a PhD law student in UCC. The first question I wish to ask is more of a suggestion than a question. All the arguments from Libertas, the Alliance for Europe and all the political parties are generalised. As a law student, I would like to see them referenced to the treaty. I know most people do not want to see the articles of the treaty because they will just get bored. They can take them or leave them but I would like each argument referenced to the treaty, especially with the myth of the self-amending treaty and so on.

I refer to the referendums. We do not want to impose our method of government on other Europe states but Hitler held a plebiscite, came to power and moved away from the plebiscite. Perhaps we might be moving towards federalism through the back door. We might be doing so in the opposite way to the federalised Europe which happened in 1944 without democratic means. However, it is still a federalised Europe. I would like an informed debate. I do not want to be shepherded. I would like some information.

Deputy Joe Costello made the point that this treaty represents a greater emphasis on the return of control to member states than any previous one.

I refer to the point about the self-amending treaty and that each argument should be referenced. We should do that in so far as we can. Article 48 states quite categorically that each country will deal with any element of amendment in line with its own constitutional requirements. Therefore, one cannot have any entity or separate operation other than what each country specifies.

That leads on to the other element which is the question of subsidiarity and why other countries do things differently from us. Under the principle of subsidiarity, each country must do things in the way that is appropriate to it. There is no conspiracy about us doing so by referendum. Incidentally, when France and the Netherlands voted "No", 20 other countries voted "Yes". We did not bother having the referendum because time had elapsed and the period of reflection had taken place. One could throw up that argument. If 20 countries voted "Yes" to what was the constitutional treaty and only two countries voted "No", then ten times the number of countries voted "Yes". That is another way of looking at it. On the point raised, the issue of a self-amending treaty is dealth with in Article 48.

Mr. Joe Noonan wanted to contribute.

Mr. Joe Noonan

The question from Mr. McNally is timely and I agree with him. One of the cardinal characteristics of the debate in this country so far has been the absence of this aspect. It has been floating above the treaty and has not been grounded in it. It would be helpful if that changed and if we started talking about what was included rather than what a wonderful entity the European Union is and how it has saved us from war for the past 50 years.

I am interested in the Chairman's statement to the effect that if we do not learn from our history we are doomed to repeat our past. I would relate that back in a slightly different way to his question and the question of Mr. Ryan and one or two others. If Europe is becoming disconnected, if the power structures within the European Union or within this country are becoming disconnected from young people, could it be because those power structures are doomed to repeat their old failed methods of operation and is this an intensification of that process? That seems a fair question and it occurs to me in listening to some of the contributions from the floor this evening.

One of the reasons we will have a subsequent referendum is that, essentially, the constitutional treaty, in its first form, was a good idea. It was an attempt to produce a single document in simple language. Now we will have another amending treaty that needs to be read with seven other documents, or in a consolidated form, that is still written in a relatively obtuse form that most people have difficulty understanding. If the European Union is to progress in any way, we must move to that single document and that simplified language. There are also issues in terms of a common defence policy. If that comes about, if there is political consensus here and if there is Irish Government agreement to it, that will have to be decided by a future referendum. I do not have any particular fears in that regard.

In terms of the acceptance of "Yes" or "No" arguments, I have been a member of the Forum on Europe for six years. Recently, we were addressed by a former European Commissioner and while I have decided to vote "Yes" this time, that person almost convinced me to vote "No" again. The debate has been bedevilled by a type of arrogance that people cannot have a considered opinion and that they cannot vote in a particular way. We should be glad we live in a democracy and that we do have referenda.

The arguments exist this time that I and those in my party who supported that particular view can convince people to support this treaty, but I in no way want to engage in the type of arguments that we have had in the European debates since our entry into Europe in 1973 where people have been maligned for having an opinion that is different from an established view. European, as well as Irish, democracy needs to go in a different direction.

Mr. John McNally's question is important. It would be great to get down to the facts that are in the treaty itself. The full document, which will be difficult to circulate to everybody in Ireland, is available in libraries and for consultation on-line.

Article 48.4 states: "The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements". However, Article 48.5 states:

If, two years after the signature of a treaty amending the Treaties, four fifths of the Member States have ratified it and one or more Member States have encountered difficulties in proceeding with ratification, the matter shall be referred to the European Council.

Those are the facts of it.

My view of this is simple. Earlier, somebody mentioned this point. We, out of the 27, have the say. It is a fact. We are very democratic. I have great faith in the pragmatism of people, with each of us having an equal vote irrespective of most of the political parties promoting it.

Is it in our best interests to vote "Yes" or "No"? That is how I see the question being defined. Irrespective of the situation, it is a treaty that was reasonably worked out.

There is a good group of people present. I would not like to ask them all how they will vote. Perhaps the people who come to some of the meetings have made up their minds about this matter. Perhaps most of the people here have made up their minds. I would simply ask if it is in the best interests of the future of ourselves and of our country to vote "Yes" or "No". After being in Government and in Opposition for a long number of years, I am satisfied to vote "Yes", not for any political reasons. I am voting "Yes" because it is in the best interests of my area, County Roscommon, and our country.

I am glad that Mr. McNally asked questions about specific points and sought factual responses, not the generalised points which are meaningless. Hopefully, most of the people here are trying to give the best information available to them.

I do not know any expert on this treaty. I do not know anybody who knows every possible angle on it but we are learning as we go around the countryside and we are responding to the questions being put to us.

Before the next speaker, I want to gauge the number of outstanding speakers. There are six more people lined up to speak.

Mr. John McNally

First, I did not mean for the discussion to be taken up by the myth of a self-amending treaty. It was just an example. Second, given the cynical way the first and second Nice treaty referendums were handled, perhaps the reason there is a Lisbon 2008 website is because Lisbon 2009 is expected. It was a constitutional treaty, then it was stripped of the constitutionality, then it was the reform treaty and now it is the Lisbon treaty.

It is still moving towards the idea of la finalité d’Europe— the final idea. We have come a long way since 1945 and we need to close the gaps. We have been told every treaty we have been given so far will fill the gaps left over from previous treaties. Will this treaty do so or not? I thank the committee for the factual answers.

Who is the next speaker?

Mr. Seán Ó Sé

I am a member of Sinn Féin and I am a first year politics student here in UCC.

You are very welcome.

Mr. Seán Ó Sé

My question is on Article 28C, which provides for member states to improve their military capabilities. I take issue with what pressure this will put on the Exchequer, how much money we will have to set aside in the budget each year to reach the targets for this military capability and what justification the Government will give for using this military equipment.

We will take a couple of questions together. I want to include more people. Has Mr. Ó Sé another question?

Mr. Seán Ó Sé

Protocol 12 to the Lisbon treaty, dealing with European Atomic Energy Commission, states that the treaty should continue to have full effect. One of the primary goals of this treaty, known as EURATOM, is the promotion of nuclear energy. Would this put pressure on the State to enter the field of nuclear energy?

We will take two more questions from the next questioner and deal with them all together then.

Professor Pat Coughlan

I want to inform my opinion about an important issue. What will be the effect and role of the treaty, if passed, in advancing or retarding the somewhat slow advance of women in Ireland and elsewhere towards equal and practically viable participation in Europe's public activities and towards social enlightenment on gender rights and their practical realisation in policies? With the greatest respect to the committee, I note that 11 of the 13 people on the platform are men and all the questioners so far have also been men. That is a vivid illustration——

Well spotted.

Professor Pat Coughlan

It is glaring. It is a vivid illustration in itself of the under representation of women, at least in the Irish public realm — fair dues to Spain — and in the culture of that realm. I want to know how I should vote. Is the treaty a zero sum on the issue of women?

We will come to that in a moment. Does Professor Coughlan have another question?

Professor Pat Coughlan

No.

Deputy Noel O'Flynn wants to contribute.

Earlier a gentleman spoke about young people being disconnected from Europe and it makes me wonder if we as older people have a role, nationally and as individuals, to ensure that young people are not disconnected. People from the states that acceded to membership of the European Union in 2004 want to be, and feel they are being, connected to the Union. Those from countries in the centre of Europe feel very much connected to and part of it. The committee should deal with the question of who is out of step with whom. Is the EU out of step with the thinking of young people — who do not feel connected — or is there a role for the Oireachtas or the Government to ensure that people in general know more about the EU in order that they might feel part of it?

I was delighted to hear the former member of Fine Gael, Mr. Wren, who has left the meeting, express his views. That is the purpose of this meeting. All the members on the platform are in favour of the treaty. I have never seen so many political parties join together in respect of a particular matter. Sinn Féin was alone last night in the Dáil in opposing the Second Stage reading of the Bill. Mr. Wren's comments about how he feels were extremely important and I am pleased he made them. However, I do not agree with some of his points. If Ireland decided to leave the EU, it would place itself firmly on the periphery and it would no longer have the kind of success it has enjoyed during the past 35 years.

Some of us are old enough to recall the position before Ireland entered the EU. As Senator Hanafin stated, two thirds of our exports went to the UK at that point and our hands were firmly in the lion's mouth. Ireland has developed to a large degree since then. As Deputy Perry stated, we have attracted US investment. The reason for this is that Ireland is the only English speaking country outside the UK in the EU. Our corporation tax regime and the other incentives we provided also helped to attract US investment. I would not want to be to be partly responsible for losing such investment. More than 100,000 people in this country are directly employed by US companies.

Ireland has done tremendously well economically as a result of its membership of the EU. If we lost that economic success, society here would quickly revert to the model that obtained in the 1950s.

The Sinn Féin representative referred to nuclear energy. I served as Chairman of the Joint Committee on Communications, Marine and Natural Resources in the previous Dáil and I am of the view that we must have an informed debate on nuclear energy and whether it should be introduced here. It is stated in law that there will be no nuclear development in Ireland. The only way the position can change is if the law is changed. A serious debate is required in respect of our future energy requirements. In the context of such a debate, the question of nuclear power should be examined. The best way to proceed in this regard would be to either hold that debate in the Oireachtas or engage in it at meetings such as this.

In the event that people are of the view that the former member of Fine Gael left the meeting, I can inform them that happily he is still with us and is entitled to ask any question he wishes. The point I was making earlier is that there had previously been a series of questions relating to the area to which he referred and that I was anxious to move on. I have no doubt that he is happy where he is but that in the fullness of time he may rejoin Fine Gael. Perhaps he might even join Fianna Fáil.

A good point was made regarding the membership of the committee. There are four female members of the Joint Committee on European Affairs. They do not all travel to these meetings.

Professor Pat Coughlan

I suppose they are at home minding the children.

They are not actually doing so. They are, like Professor Coughlan, well able to speak for themselves. They are good and effective members of the committee.

Who wishes to contribute on Article 28C, EURATOM and the effect of the treaty on women?

Dr. Piaras MacÉinrí

I am tempted to say there are plenty of women in the audience. However, this is the first question asked by a woman. Perhaps we can throw it back in her direction.

Article 113 of the Treaty of Rome gave equal pay to women. That was the basis of equality legislation in the EU from the time of Ireland's accession. The Charter of Fundamental Rights, which will be adopted in parallel with the Treaty of Lisbon, formally incorporates various human rights, including equality between men and women. I think I am right, however, in stating that it does not add much in the way of new guarantees above and beyond existing legal protections and the provisions of the European Convention on Human Rights.

I do not wish to be patronising in any way but there is still a lamentable level of representation of women at national level. In the Parliament, the figure is only 14%. The rate for the Labour Party is somewhat better at 23% and we hope to improve on this.

In the course of informing ourselves about the Lisbon treaty and what it entails, we made a number of trips to Brussels. Many of the Commissioners and high-ranking officials in Europe are women and they displayed great expertise both in the content of their delivery and how they managed their meetings. I was extremely impressed by them. There was much more acknowledgement and respect for the women who hold these roles. I acknowledge what the questioner said. It is a factor which should be addressed.

Who wishes to comment on Article 28C?

First, I wish to comment on what the treaty contains for women. When we joined the then EEC in 1973, the Labour Party and the trade union movement were totally opposed to our accession. In 1974, the Irish Congress of Trade Unions, ICTU, went to Europe seeking equal pay for equal work in order to vindicate the rights of women. Since then, a great deal of family-friendly legislation relating to parental rights, the workplace, etc., has been introduced. The Charter of Fundamental Rights specifically refers to women. Article 23 states:

Equality between men and women must be ensured in all areas, including employment, work and pay. The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.

There is also a restatement of the values of the European Union, particularly in the context of solidarity and equality. Article 124 specifically refers to a prohibition of all discrimination on the grounds of sex. There is a thread throughout the text and specific reference is made to women's rights. The EU has a positive track record in this regard.

Seán Ó Sé referred to Article 28C and improving military capabilities. I have no difficulty with this article. Why should member states not improve their military capabilities, particularly if the purpose of those capabilities is specifically stated? It is clearly stated in the Common Foreign and Security Policy that such capabilities are for military missions in line with the Charter of the United Nations and international law and democracy. In 1959, Irish troops in the Congo were not properly equipped. If one is involved in a theatre of military conflict in the context of peacekeeping, conflict resolution or humanitarian work, one must have the best training and weaponry. It is as simple as that and there is no other way around it. The imposition on the Irish budget will be slight. I was Labour Party spokesperson on defence and the annual defence budget is a little over 0.5%. It is a small budget in its own right and the Army needs to modernise strongly.

The other issue relating to protocol 12 concerns the EURATOM Treaty. Nuclear energy is specified in the treaty but it is not related to the Lisbon treaty. It is quite clear in the treaty that each member state can use the source of energy appropriate to it. If Ireland has an anti-nuclear policy, nothing can put pressure on us or force us to use a nuclear energy source. The EURATOM Treaty was agreed in the 1950s and it is separate from EU treaties such as the Lisbon treaty but in the negotiations for the Lisbon treaty, the Government proposed, along with a number of others, that the EURATOM Treaty should be reviewed and updated.

I support Deputy Costello's comments on the issue of military spending and nuclear power. Any decision to spend money on enhancing military capability must go through Dáil Éireann and our annual budgetary process. All elected Members, as representatives of their constituents, will vote on that and, as Deputy Costello said, the use to which such funds are put is clearly defined. They must be used within the context of our neutrality and the triple lock. That safeguard is in place.

The EURATOM Treaty goes back to the Treaty of Rome in the 1950s. Nothing in the Lisbon treaty will impose the adoption of nuclear power on Ireland and Government policy in this regard is clear and consistent. It is a matter for a future Government to decide if it wishes to debate or change that but the policy currently is clear.

Mr. Coughlan referred to the role of women, what the treaty provides and the role of the Union generally. The European project has been a driver of change for the better for women going back to the Treaty of Rome and included in the Charter of Fundamental Rights attached to the current treaty. Many of our progressive laws on equality, employment rights and discrimination have been transposed from EU directives and decisions of the European Court of Justice. Important human rights benchmarks are laid down by the Union for prospective member states. That is one of the issues Turkey, for example, must address before it can progress towards Union membership. In a global sense, the role of women has been supported and enhanced by the work of the Union.

I refer to Mr. John McNally's comment on mentioning the treaty specifically, which is an important point because many of the arguments put forward by the "No" side have nothing to do with the Lisbon treaty. They are criticisms of the Union generally and Ireland's role within Europe. I challenge critics to state which articles in the treaty relate to tax, neutrality, abortion, federalism, the loss of employment rights and centralisation. Let those opposed to the treaty refer specifically to the articles that support their argument.

The key issue of federalism and whether the treaty represents the introduction of federalism has come up repeatedly. I disagree fundamentally with this. It is essentially about sovereign independent states working collectively on issues of common concern where the result of working together is much greater than working as an independent, lone voice, for example, on climate change, the environment, energy supply and negotiating proper economic terms. As a bloc of 500 million people, all those issues can be dealt with on a shared sovereignty basis. We will become much more accustomed to that concept.

We have reached the final round of speakers, which will be followed by wrap up replies from our two guest speakers. We will also have brief comments from whoever on the platform wishes to respond.

Mr. Mark Hastings

I am a student in UCC. Dr. Piaras MacÉinrí spoke earlier about a consolidated treaty. My question relates to the proposals for a consolidated tax base. Bearing in mind the comments by Deputy Perry earlier about the importance of FDI to Ireland's economy, I will quote the president of the Irish Taxation Institute in today's edition of The Irish Times. She said: “The key is that we have to be aware that the CCTB can come into existence regardless of Irish objections and we have to prepare for it”. My understanding is Ireland will retain a veto on the setting of the corporation tax rate but the possibility of the introduction of a common consolidated tax base still exists through the use of enhanced co-operation.

Mr. Pat Corkery

I am a UCC graduate. I have a question and a statement. I refer to the campaign and the documents circulated by both sides. The "No" side documents are based on bread and butter issues whereas the "Yes" is adopting a scaremongering tactic. If it focused on the benefits of the treaty, which were highlighted at a meeting I attended last Friday night in five effective points, people would more inclined to vote "Yes". If the argument is simplified, it would work better than it is currently. The "No" side is doing that well by bringing up neutrality and similar issues. Documents such as the one in front of me are long-winded. A leaflet in the door could outline five points including the Union becoming more democratic with an increase in the number of member states from 15 to 27 and more co-operation on a wider basis. It is like a golf club. If new members join, it must be more democratic to work.

Many people have mentioned Turkey and the problem of it joining the Union in the context of human rights abuses. In 1973 when Britain joined, no one mentioned its human rights abuses trying to programme the nationalist community out of existence in Northern Ireland. Let us be realistic on that point. If Turkey accedes, it can be examined more closely and its human rights abuses can be brought under control, as happened when Ireland joined the EEC. The situation today is Nationalists and Unionists co-operate in harmony.

Mr. Arthur Griffin

Ba mhaith liom ceist a chur faoi cearta daonna. I would like to put a question on human rights and the effect the treaty will have on the Constitution. I am a member of Ógra Fianna Fáil, the real republican party and, as republicans liberty, fraternity and equality are the cornerstones of our beliefs. Will these be enshrined in our Constitution through the adoption of the treaty? This may be a slightly flippant comment, but if Sinn Féin has an issue with the funding of the military aspect of the Union, perhaps it could donate some of its old weapons that have been declared beyond use.

Ms Kathy Glavanis-Grantham

I am Kathy Glavanis-Grantham, a lecturer at UCC. There has been much discussion on human rights. My question relates to the human rights of Palestinians under Israeli occupation and the Lisbon treaty. Does the committee think the Lisbon treaty will help uphold the human rights of Palestinians living under the Israelis? So far, it seems the European Union has performed badly in terms of supporting their human rights. As the committee is probably aware, the EU has a special economic treaty with Israel. One of the conditions of that treaty is that the Israelis will uphold Palestinian human rights. It was reported on the news this morning that UNRWA has announced it will no longer be able to deliver the food necessary for 500,000 Palestinians to live on because of the blockade in Gaza. Will the Lisbon treaty act as a mechanism to uphold these rights?

That is an important question. We have been asked about the consolidated tax base by stealth being the ultimate common tax policy and we have also been asked questions about the simplification of the message and how to get it across, about fundamental human rights and Palestinian rights. Who would like to make a response?

I will speak on the Palestinian question. The situation is very grave in the Gaza Strip, where 1.5 million Palestinians basically are in a concentration camp there. The Israelis have cut off all supplies and the situation is heading towards a major international disaster. The European Union is the largest funder of the Palestinians and it was a Fianna Fáil Minister for Foreign Affairs, the former Deputy, Brian Lenihan, who recognised the right to self-determination of the Palestinian people. This makes it clear where we stand on the question. I have visited Palestine and am also the convenor of the Friends of Palestine in the Irish Parliament. The largest number of Members of the Irish Parliament of all parties who are members of a group are members of the Friends of Palestine.

There is deep concern about the problem relating to the Hamas situation. Hamas should have been recognised when elected democratically, but the fact it did not recognise the existence of Israel was used to remove its franchise. I accept the wrong decision was made at European and American levels, leading to the situation we have today. Perhaps the message should go out from UCC tonight about the deep concern that exists. The message should go to the Minister, who is well aware of the situation, and the Government and be passed to the Israelis. We must urge the Israelis to withdraw the blockade and appeal to Hamas to stop stupidly sending ill-equipped rockets into Israel, giving it the excuse to cut off supplies. There is wrong on both sides, but the main issue is that the Israelis must accept the right of the Palestinians to self-determination.

We have supported the Palestinians in every way we can, financially, economically and from the European Union. We are the largest contributors and will continue to be. However, we need a bigger role. Perhaps if we created a European Union representative under the Lisbon reform treaty, that person might have more say representing the Union and have the clout to bring about a settlement. I commend former US President Jimmy Carter on his courageous and brave approach in talking to Hamas and all the parties involved. Such efforts are the only way to get a solution.

In support of that, this committee homed in on that issue when it first formed and invited both ambassadors to brief it. Both the committee and the European Union have identified the issue as one that requires particular attention. We will continue to give it our attention. I invite Senator Dan Boyle to respond on the consolidated tax base.

The enhanced co-operation mechanism was approved in a previous treaty and can be used by countries that want to have a common approach to taxation, but can only apply in the countries that choose to use the mechanism and cannot apply to the Union as a whole. Neither can it be imposed on other countries. National competence and calculation still exists and unanimity is required to bring consolidation about.

The Irish Taxation Institute fears that enhanced co-operation might be used to bring about a taxation level on profits as they are earned in other countries, rather than having a country declared for tax purposes, like Ireland is for many corporations. I do not believe that is possible because it undermines the national competence argument. It is also worth noting that Ireland is not the only country to disagree with a common approach to taxation. This approach is largely being led by France and Germany, but it is also being opposed by the United Kingdom, Sweden, Denmark and the Baltic states. There is no way it can be achieved under unanimity and neither can it be achieved under qualified majority voting.

The harmonisation of tax is a major issue and it must be clarified that we will have autonomy. There is no doubt that EU directives and regulations have a real impact on the daily lives of Irish citizens. However, EU legislation is not imposed on Ireland by some undemocratic, bureaucratic institution but is agreed by the Council of which our Government is a member and by our directly elected European Parliament Members, who do a very good job.

Up to 500 draft directives and legislation come from Europe annually and if the Lisbon treaty is agreed, the Government will still be held to account. These directives will be scrutinised by vested interests, non-governmental organisations, etc. All vested interests can be brought in for a public hearing as to how a directive will impact on Irish citizens. Subsidiarity will be the real test of the Lisbon treaty. People will have a say in their national parliaments and such directives can be scrutinised. Therefore, it is not a situation where Europe will impose laws on the Irish Parliament. There is a bottom-up approach and it is important to remember that.

As Deputy Noel O'Flynn said, there is a real deficit of information, particularly among young people. It is remiss that this is the case and something must be done about it. There is a perception that the laws come from Europe and that our national Parliament has no say. Some 98% of the laws are created in the national Parliament and it is important people do not forget that.

Ms Kathy Glavanis-Grantham

I appreciate that Ireland has been very supportive of the Palestinians, but I feel the special EU trade treaty between Europe and Israel is an area where pressure could be brought to bear on Israel. It must be seen to be upholding human rights, but it is not. In that case, the trade agreement should be withdrawn.

That is quite correct.

Ms Kathy Glavanis-Grantham

It is disgraceful.

Ms Anne-Marie McGillycuddy

My name is Anne-Marie McGillycuddy and I am a graduate of and masters student in UCC. It has been said we are an independent country, but from what I have heard at this debate I wonder for how long that will be the case. Throughout most of my adult life I have been disillusioned by political representation here. I am even more disillusioned now. The Chairman said earlier he does not know how we will vote. It seems to me obvious to everyone here that Mr. Noonan will vote "No" and the majority of the others will vote the other way. It is hoped that a debate like this will not be replicated in other parts of the country in the future because it is clearly a one-sided debate.

Dr. Piaras MacÉinrí, one of the pro-Lisbon treaty speakers, said that this treaty will be a large-scale solution to a large-scale problem. As an average thinking citizen I am not convinced about giving over power to the very new liberal Eurocrats who have created these problems in the first instance. The only advantage of voting "Yes" seems to be improved economic policy; society as a whole is being ignored and suffering as a consequence. Traditionally, large-scale social engineering approaches have not worked for the greater good of the average citizen. I ask Dr. MacÉinrí to explain why large scale is deemed better.

We will deal with that question of why large scale is better. I must refer to statements about the alleged bias of the platform speakers. This is a joint committee of the Houses of the Oireachtas and it is representative of the Houses of the Oireachtas, the people who were elected by the people. The members of the committee are drawn from Members of both Houses and are in proportion to their entitlement to be there. All political parties are invited to attend the platform, both for and against. Most noticeably, Libertas is the one group that did not show up and it was invited to a number of meetings. Libertas is opposed to the treaty. We would welcome the opportunity to debate those issues with it and the invitation still stands.

In answer to the question of how long we wish to be independent, the short and simple answer is for as long as we wish to be. Nothing can be done under this treaty or previous treaties unless we or our representatives agree to it. To those who have not agreed with aspects of other treaties — not necessarily this treaty — I say there will always be aspects of a treaty or an agreement that will not be agreed upon by everybody. However, this treaty reflects an amalgam of views from various states and backgrounds. For instance, not everybody agrees with all aspects of the Good Friday Agreement but it represents the views of people on all sides of that argument and amalgamated within it are the views of all the people which must be respected. I hope those views will continue to be respected. It is the same with the European treaties. While much has been predicted as to what would happen if we go one way or the other, whatever happens, it is your treaty, your agreement. Your people and your country negotiated it so your views are contained within it. It is true it will contain issues which I will fight against and I am sure you will fight against and that various speakers on this platform will fight against. As I said at the beginning, I fought for a long time against the removal of the Commissioner from individual member states but I changed my mind of my own volition and not as a result of any argument put forward.

A businessman recently stated on television that he could not understand the treaty. That is part of the Eurospeak that often turns people off and I accept it is a valid point. However, the fact there are some statements in the treaty which we might question, does not mean to say that the agreement is bad or that it should be rejected for that reason. The treaty represents the views of 27 member states put together in an agreement. There are obvious breaks and swings and roundabouts and checks and balances to which members have already referred at length. This is my view even though there will be aspects with which I will be in disagreement but that is part and parcel of the negotiations within a particular arrangement.

I invite final comments from Dr. MacÉinrí and Mr. Noonan.

Mr. Joe Noonan

Is this in answer to a question or a summing up?

You could do both at the same time.

Mr. Joe Noonan

In answer to Ms McGillycuddy's question on why bigger is better, the well-known slogan is that "small is beautiful". I agree that small is beautiful. This is a small country of great beauty but there is a danger that in the rush to go along we will lose some of the characteristics that make us special.

This is the first time an Oireachtas committee has sat in Cork. It is here on a mission which is declared to be for the purpose of informing it in preparing a final report to be published at some time, I suspect in advance of 12 June. It will be interesting to observe what the content of that final report will be and to what extent it will reflect the views of the people who have come to speak from the floor.

It would be interesting in particular if the sense that I have of the speakers this evening is correct, that concern and unhappiness about the treaty is reflected. It would be a particular test for this committee as representatives of the people if, for instance, the majority of people coming to these meetings were to say to the committee, "We would like you as our representatives to issue a final report calling for a "No" vote". Would our elected representatives on this committee obey the citizens' instruction to write a report accordingly?

I am grateful for the opportunity to be here and I am grateful to Ms McGillycuddy for her question. We have a fine body of people here. There is expensive equipment here and we see uniforms we do not normally see outside Leinster House parading through our Aula Maxima and I wonder what the end product of it all will be. Will this committee change its stripes or is this an expensive selling exercise on behalf of the "Yes" campaign at our expense?

Dr. Piaras MacÉinrí

I wish to thank the Chairman and all the other members of the committee for inviting us. I thank my opponent and friend, Joe Noonan.This has been a very interesting debate and I also wish to thank everyone in the audience. In fairness to the committee, it asked each of us two speakers to represent both sides of the coin. I should also admit quite honestly that I was quite agnostic on the question until recently and if I am in favour it is a fine thing for me, I can see arguments for and against.

I wish to make a few brief points. In response to Ms McGillycuddy's question on why bigger is better, I would answer by saying we live in a world where globalisation is an existing reality and it has already had all kinds of deleterious effects, climate change being an obvious example and this can only be tackled at a global level.

The other effect would be the massive movement of people taking place around the world and this is my special subject. Some 200 million people in the world are living outside their own country; there are 25 million refugees and another 25 million internally displaced persons, and millions of women and children being trafficked around the world. These are the kinds of issues which can only be dealt with at an appropriate level.

The trade union movement is vastly weaker than it was 20 years ago because international capital has acquired the dominant position in the world. Money flows where it will and it leaves in its wake people without jobs and people living miserable lives. We need to develop ways of responding to those challenges internationally because it does not work any more at the level of the nation state. I think we need mechanisms now. People may be of the view that the Lisbon treaty is not the right way to do it but I see an interest in developing better co-operative, active machinery at international level starting in our case with the EU, to combat the negative effects of those kinds of things.

I agree with everything said by Ms Glavanis-Grantham on Palestine. I will speak about one thing in the treaty which I do not like — there are various things I do not like — the reference to the word "terrorism". I am not saying that terrorist acts are not committed but terrorism is always the weapon of the weak and it is the weapon of Hamas. However, when the Israeli Government practises state terrorism we do not call it terrorism. I would rather the word "terrorism" did not occur at all in any of our texts. I have strong views on that.

We have a lot done but there is more to do. The message from the Government side up to now has been patchy, complacent, patronising and sometimes bordering on the bullying. There is a lot more to be done there. Equally I find Libertas in particular entirely unconvincing and I do not take it seriously at all. However, it is important to say that this treaty clearly sets out areas of competence and it is equally understood that areas of competence which are not those of the EU remain those of the member states. We are not talking here about, as it were, losing our sovereignty across the board as the areas are quite clearly defined. There are new protections, particularly in the renewed or the enhanced role given to national parliaments. It is a balanced equation with good and bad and, on balance, my view is there is more good than bad.

I thank everyone for coming to the meeting. I hope this meeting will be of some benefit to you in determining the issues and helping you come to a conclusion. The issues raised at this meeting, for instance, sovereignty, will give the joint committee a focus. All members are at one on this issue and our report will be conscious of the need to ensure sovereignty is protected at all costs. Sovereignty means different things to different parliaments. The Oireachtas is a sovereign parliament, whereas the Scottish Parliament is a regional assembly. I do not mean to be disrespectful but there is a distinct difference between the Oireachtas and regional assemblies.

As a member of the convention which produced the Charter of Fundamental Rights, mention of the charter gives me a slight chill down my spine. Having failed to refer to my political lineage, I should point out that I am a member of the Fine Gael Party.

People in Cork are obviously better timekeepers than those elsewhere because the meeting is set to conclude on time, which was not the case elsewhere.

The degree of supervision available to the Houses of the Oireachtas was raised. The Joint Committees on European Affairs and European Scrutiny have 32 members in total. The former committee has a permanent staff of four, while the latter has a staff of seven or eight. If every single item which passes to and from Brussels is not scrutinised, it is not the fault of the committees because a significant number of staff deal with this issue. We sought the power of scrutiny a number of years ago.

This is the first time this format has been used for our meetings. It is better than that used at the other regional meetings because it has allowed more speakers to contribute and facilitated greater involvement from the platform.

I thank our two guest speakers for making this an interesting discussion and members of the joint committee, some of whom have travelled long distances, for attending. I also thank the staff of Leinster House for doing the job they always do in an exemplary fashion. Long may it continue. I thank everyone for coming tonight and hope this meeting will be of some benefit in identifying the issues which will allow them to arrive at a conclusion.

The joint committee adjourned at 10.45 p.m. until 2 p.m. on Tuesday, 29 April 2008.
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