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JOINT COMMITTEE ON JUSTICE, EQUALITY, DEFENCE AND WOMEN'S RIGHTS díospóireacht -
Wednesday, 24 Sep 2008

Business of Joint Committee.

We had on our agenda a discussion on the main items for the Justice and Home Affairs Council meeting which the Minister for Justice, Equality and Law reform, Deputy Dermot Ahern, was to attend tomorrow. As most people know, the Minister is now not in a position to attend because of the pairing arrangements. The Minister has conveyed to me that it would be pointless to attend the meeting today when he will not be in a position to attend tomorrow's meeting. He has also conveyed to me that he will be more than happy to meet the committee on the next occasion he has to attend the meeting of the Justice and Home Affairs Council.

I presume somebody will represent Ireland at that meeting.

I do not think so. The Minister cannot attend and a Minister of State would not be in a position to attend either.

The Opposition is unusually quiet on this issue. It is a very serious situation they have allowed to develop. The issue in discussion tomorrow at the Justice and Home Affairs Council included an issue relating to the Metock case which directly affected law and policy here. It is reprehensible that the Minister is not prepared to go to this meeting tomorrow. I do not know what the Opposition will say about it but if there was another reason for not going they would be shouting and coming on to him like a ton of bricks.

I make it clear that we wanted a discussion on the economy which is really critical at this moment in time. We were not granted that. If we had been, it would have been very simple. We could be discussing it now, but it was not given to us and that is the reason.

For Deputy Byrne to come in here and make political points on behalf of the Minister is a little rich.

I am entitled to do it. It is a disgraceful situation that has been allowed to develop.

The Minister could have been in Brussels at the meeting tomorrow, the same way he could be here now to fulfil his role and function as Minister for Justice, Equality and Law Reform, and engage in a debate on the matter. We asked for a debate this morning on the economy, not a debate on constituency boundaries, and it seems to me that constituency boundaries are more important to Fianna Fáil, and their TDs and Ministers, than the matter of the economy. That is the reason the Minister for Justice, Equality and Law Reform is now in a huff and is not here.

What happens in the House regarding the Order of Business is nothing to do with this committee.

As a consequence of what happened in the House——

He deserved a reply.

Deputy Byrne is right. An important discussion will take place in Brussels tomorrow and it is a pity the Minister was not prepared to come to the committee and outline the negotiating position. They are very serious issues, including the Metock case which Ireland lost. This now ensures our current law will further discriminate against Irish citizens who are married to non EU citizens, who do not have recognition in this country regarding residency. If someone comes from the UK and is married to a non EU citizen he or she is given residency at the moment. It is an issue that needs to be clarified and addressed.

There will be no representative of the Irish Government at that meeting, as was the case on 13 May 2008 when the general affairs and external relations meeting took place; 11 Ministers were present from other member states of the European Union. On 29 April 2008, the present Minister for Justice, Equality and Law Reform, who was then the Minister for Foreign Affairs, was not able to attend the general affairs and external relations meeting, and neither were his two Ministers of State. The Minister of State at the Department of Enterprise, Trade and Employment, Deputy John McGuinness, had to attend on that occasion even though it was not within his competency.

There is a provision for this. We raised this issue last Thursday and sought a debate on the economy. The Government had plenty of time to make provision for a debate but was not prepared to do so.

On a point of clarification, it is not open to another Minister of State to attend tomorrow. It happens that Ministers of State from different Departments attend ministerial meetings from time to time, but one cannot attend tomorrow for reasons of which we are all aware. I do not want to go into it too much.

The outrageous statements by the Opposition are disingenuous. They have the prerogative of Private Members' business tonight and will have their motion on the economy debated for three hours.

I cannot talk about that, Chairman, yet Deputy Treacy can do so.

I am just making a point.

I allowed Deputy Flanagan a certain latitude.

It is negative politics for the Opposition to withdraw co-operation at the start of a new Dáil session. As a sovereign republic, Ireland is duty bound to be represented at the European Council of Ministers tomorrow for an important issue. The Opposition should review that decision and I hope we will not see the like of it recurring. It happened in the past, but it does not do anything for politics. There must be give and take. We will have a major budget debate which will go on for months. The Opposition will have ample opportunity to debate such issues then, rather than pulling the plug on an opportunity to represent the people's interests.

That is not the question.

I thank the Deputy.

In fairness, the Chairman has not been here for too long. I hope that for the duration of his time as Chairman, he will refrain from partisanship in his position.

I certainly will.

I thank the Chairman for that guarantee. For months, Deputy Treacy's party has been calling upon the Opposition parties to engage, on the one hand, in a Tallaght strategy, while on the other hand it will not let us know its economic proposals. Throughout the summer we heard from no less a personage than the Tánaiste, so bereft of action in her own Department, who asked the Opposition to frame a budget. That is the same argument that pertains to running Dáil business. If Deputy Treacy wants co-operation he must earn it. The Opposition is required to respond when the Government comes back to the Dáil after 11 weeks and feels that constituency boundaries are the most important item on the agenda. We proposed setting aside Dáil business to deal with urgent economic matters.

Hold on Deputy.

It is because of the Government's refusal to do so that the Minister, Deputy Dermot Ahern, has refused to attend this committee.

With all due respect, Deputy Flanagan is misreading what the Tánaiste said.

The Minister made it quite clear that, whatever the date of the next European Council meeting, he is quite happy to attend the committee. The one thing we can agree is that a very important issue for Ireland will be discussed tomorrow. I hope the committee will have an opportunity to discuss this matter with the Minister in future. There is probably no point in prolonging the debate beyond that at the moment.

Does anybody wish to raise any other business? If not, the meeting stands adjourned.

The joint committee adjourned at 4.33 p.m. until 2 p.m. on Wednesday, 1 October 2008.
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