Léim ar aghaidh chuig an bpríomhábhar
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Seanad Éireann díospóireacht -
Friday, 15 May 1992

Vol. 132 No. 11

An Bille um an Aonú Leasú Déag ar an mBunreacht, 1992: An Dara Céim (Atógáil). Eleventh Amendment of the Constitution Bill, 1992: Second Stage (Resumed).

Atairgeach an cheist: "Go léifear an Bille an Dara Uair."
Question again proposed: "That the Bill be now read a Second Time."

I was reminded this morning of graffiti written on a wall: unless you are confused you have no idea what is happening. That would seem to be an apt description of what happened here this morning because many people seem to be confused about the issue we are discussing.

When I adjourned the debate last night, I was highlighting the positive aspects of the Maastricht Treaty as it related to Ireland. I dealt briefly with the Structural Funds, the Cohesion Fund and economic and monetary union. I stated also that those people advocating a "no" vote on this Treaty should spell out the implications for all if this Treaty were rejected. Will we maintain the same standard of living? Will we be able to avail of all those funds if we reject the Treaty and pretend that nothing has happened? Of course not, and those who are against the Maastricht Treaty know that but they still insist on pumping out the same old rhetoric.

They accuse the pro Treaty side of overstating the advantages of ratifying it. In my view they have an obligation to let us know the consequences if this Treaty is not rejected and are not doing that. There are Members of this House who have stated that they will vote against this Bill this evening. If the majority of us followed that line we would deprive the electorate of any say in the matter because this Bill provides for a referendum to let the people decide in the most democratic way possible by voting "yes" or "no".

I will give some idea of the kind of funds and assistance we got in recent years from Europe. Between 1989 and 1993 £861 million will have been provided by way of EC assistance for industry, £165 million for tourism, £562 million for roads and transport, £96 million for water and sewerage, £67 million for rural development, £56 million for forestry, £66 million for environmentally friendly farming, £347 million for other support measures for agriculture, £712 million for housing and education and £200 million for a joint programme with Northern Ireland to promote cross-Border economic co-operation. In net terms we got £6 for every £1 we contributed, the highest ratio for any EC member.

If we did not have access to Europe for our agriculture and agricultural products, our farmers would be still living in the dark ages. If since 1973 we had to trade outside the Community with extremely limited access to Community markets, we would have been trading effectively at world prices. I will give a few examples of world prices and how they compare with EC prices.

In the case of beef, the world price is about £1,800 per tonne while the EC price is twice that level; the EC support price for butter is almost £3,500 per tonne whereas the world price is just a third of that; and in the case of wheat, the EC price is twice that of the world price. In addition, we would not have had any guarantee that even at the lower world prices we could have found markets for all our products because we would have had to compete on third country markets with subsidised exports from the Community and elsewhere. If we had been operating in that environment for the past 20 years, agriculture could not have made the contribution to the national economy that it has made.

Supports for agricultural prices, together with the structural supports for agriculture and food, have resulted in a huge inflow of Community funds since our accession, £18 billion in today's money terms. Market price supports from Community funds have averaged £800 million per annum. It is obvious that an economy like ours could not have afforded supports for Irish agriculture at that level. From an agricultural point of view, it is important that we would not alone maintain our position in Europe but would strengthen it. We will do that by adopting the Maastricht Treaty and ensuring we maintain our strong position in the Community which is set to expand still further in the next few years.

The Community in the year 2000 may be one of 20 States. It will offer Ireland a new challenge but it will also present a wealth of new options and opportunities. It will continue to bring us economic and social benefits. A "yes" vote in this referendum will ensure a place for Ireland at the heart of the European union in the year 2000. It is a vote for a forward looking Ireland committed to a new Europe, to economic growth and to opportunities for the Irish people. We should all grasp the opportunity now and make sure that the Irish people will be made aware of the benefits of joining this new union and ensuring that our country gets the maximum benefit from Europe that we are entitled to.

One of the greatest difficulties in debating what has become known as the Maastricht Treaty is the language we all use and the more familiar those of us in these Houses become with the issues, the more we are inclined to lapse into what has become known as Eurospeak and the more we leave behind the electorate and the ordinary punter who is trying to understand what we are talking about. This is causing major problems and I am as big a sinner as anyone. This morning as I say a few words on this historic issue before us I know that I will be using language that I am comfortable with but which will need perhaps further explanation for people who look to us as their political leaders to help them make up their minds on June 18. I say that by way of reminding myself and indeed all of us to try to speak our language and present the issues involved in the European Union Treaty that was agreed in Maastricht last December in a way which will be easily understood and comprehended by the public at large.

Maastricht has nearly become a dirty word. I will not spend time on the reasons for that. Vast numbers of the thinking public still do not understand what the issues are about, despite an increase in efforts in recent times to make them more discernible. We are now referring to the European Union Treaty that happened to be signed in Maastricht and leaving the word "Maastricht" out of it. That might help to clarify a little of what is at stake.

The Maastricht Treaty, or the European Union Treaty, represents the next stage in the development of the European Community. It builds on and amends the 1957 Treaty of Rome and the 1987 Single Europen Act. It is just the next stage in the historic evolution of the Community. The Single European Act allows the European Community to become more efficient in decision making and to increase the competences — I use that word and Senators know what I am talking about but others will not — in the area not adequately covered by the original treaties such as in the area of foreign policy and environment. The pace of change has accelerated since the Single European Act was signed. After 15 years of very slow progress between 1973 and the mid-eighties there has been a dramatic acceleration in the pace of change in Europe. The need for a single currency to capitalise on the economic benefits for the single market concept has become very obvious.

Outside the Community we have witnessed the collapse of the Soviet Union and the Warsaw Pact and Eastern and Central Europe have been looking more and more at the European Community for stability. Therefore, inside and outside the Community, there are pressures on the Community and Community leaders to become more politically and economically integrated. In the context it was decided in Rome in December 1990 to set up two intergovernmental conferences to consider economic and monetary union and political union. These two Intergovernmental Conferences, as we call them, worked throughout 1991 and the result of their deliberations is what we now call the Maastricht Treaty, that is, the European Union Treaty which we are all being asked to agree on June 18 and which the Government can ratify on our behalf.

To summarise the historic evolution of the community to date, in 1957 the Treaty of Rome gave us the EEC, the European Economic Community. In 1987 the Single European Act gave us the European Community and in 1992, we hope, the Maastricht Treaty on European Union will give us EU, European Union. That is where we are at today and that is the point we are debating.

The Maastricht Treaty or the Treaty agreed in Maastricht was the last chance for the existing Members, the Twelve present members of the Community, to decide on the powers, financing, social structure and democratic character of the Community. Over the next decade the concentration will be on enlarging the union to include Austria, Sweden, Finland, Malta, Hungary, the Czechoslovak Republics and possibly, Norway, Poland, Turkey and the Baltic States, and you could add more to that list. During the two previous referenda on accession to the EC in 1972 and on the Single European Act in 1987, anti-EC campaigners pointed to the fact that Austria, Sweden and Finland did not want to join. The Single Market has changed the minds of the Austrians, the Swedes and the Finnish. These countries have now taken the first step on the road to membership by forming the European Economic Area Agreement in 1991. The economic and political logic of European Union could no longer be denied by them. The isolationist argument is totally discredited.

Let us remind ourselves, particularly when we are discussing the common foreign and security policy which is an essential part of this Treaty, the CFSP objectives that the other so-called neutral countries — Austria, Finland and Sweden — are queuing up to join the post-Maastricht union and fully accept the common foreign and security policy objectives as they see clearly the political advantages for peace and stability in an enlarged European Union.

The objectives in the Maastricht Treaty of the CFSP pose absolutely no threats to this country, nor will those objectives oblige us to join a military alliance. It is an economic bloc and not a military bloc that we are now being asked to ratify with this Treaty. There will be another referendum in 1996, 1997 or thereabouts when the talking has finished so that the people of Ireland can decide if we move any further down the road in relation to a common defence policy. Let nobody try to scare or frighten people off this Treaty on the basis that decisions are being taken now that are irrevocable in that area.

The main provisions of the Treaty have been put on the record by many speakers in this House and in the Dáil. Given all the time we have spent talking about the lack of time, I will not reiterate those provisions but will take them as read though they should, in the interest of completion, be put on the record at this stage.

As with the common foreign and security policy, the isolationist argument makes absolutely no sense when dealing with the issue of Economic and Monetary Union. European Monetary Union is the natural extension of the single market and follows on from us joining the EMS right through to the increased co-ordination of economic policies, the proposed development of the European Central Bank and a single currency. An issue which may seem a small enough practical fall-out from these decisions but which causes much concern to the average person is what will happen the Irish coinage. How will ECU become a reality? Will we still have our money as we now recognise it on one side and perhaps ECU values on the other side or how in practical terms will the advent of the single currency translate to the ordinary person in the street? We could do with some explanation or development of that line of thought at this stage so that people can understand the concept of a single currency in relation to the notes and coins in their pockets at the moment.

The European Community takes 75 per cent of our exports. Forty-two per cent of total output in this country goes to the shop shelves in Europe, providing a market of 340 million consumers. If we compare that with our home market of 3.5 million consumers and the possibility of being on the outside of a tarrif-free Community, it makes absolutely no sense to continue an isolationist argument when discussing the Maastricht Treaty, whether it is in relation to concern about the CFSP or strict economic concerns or whether, as the Taoiseach seems to emphasise, it is just because we feel we will get an extra £6 billion over the next three or four years or whatever. I would put that as a low priority, even though convergence is essential and is critically important. I would not put it on the top of my list of reasons for saying "yes" on 18 June. Whatever reason one picks none of them stands up to scrutiny in making a case for voting against the Treaty or for recommending a "no" vote on 18 June. Both employment and unemployment have increased since we joined Europe: employment not as quickly as we would have liked, but for all sorts of reasons including demographic reasons, unemployment has gone up far more than anyone would have envisaged 20 years ago.

We have not always made the most productive use of the enormous net transfers we have received from Europe over the last 20 years. We all stand indicted on this. The begging bowl mentality prevailed. We took a short term view by providing stop-gap measures with money received from Europe rather than using the money to light productive fires, or as seed capital to ensure that there would be growth and employment from whatever investment was made with the European money. Bad decisions have been made. Let us ensure that whatever percentage of the £6 million we think we will get when the talking stops is used as it was intended, to enhance our living standards and bring them as close as possible to those on mainland Europe. We want to have living standards equivalent to those of people on mainland Europe. The west of Ireland has a problem in relation to the rest of the Irish economy at the moment in terms of unemployment, per capita income, emigration and so on, and I do not want Ireland to become the “west” of Europe. That is a major potential problem because of many difficulties; for instance the distance from the centre of the market, the catching up we have to do and because we did not put what moneys we got to the most productive use.

If the concepts of European Union, convergence and cohesion are to mean anything we have to ensure that our living standards will be as good if not better than those on mainland Europe. If not, European Union will mean nothing. Let us be sure that whatever Government is handling the decisions over the next few years get it right, that whatever transfers of money we get to help us to converge our standards with the rest of Europe are put to productive use so that there will be results. We should not use it just to pay off debts or as a stop-gap measure to silence political criticism or for some other such reason.

This year alone we can expect a transfer of £2,200 million from Europe. Where would that be found if we were not full and equal members of a European Union? People complain of the threat of increased taxes or increased unemployment if we continue down the road to Europe. I would imagine devastation in terms of job creation here through lack of investment if we stood outside in any partial or second-class involvement with mainstream Europe and did not continue down the road the Maastricht Treaty envisages. Why would people invest in Ireland? Why would they create jobs in Ireland if we were not part of the Community and if we did not have access to the 340 million consumers there? They would not. Let us be honest. Whether one is taking a purely economic view or whether one is concerned about the common foreign and security policy, we do not stand outside. We reject an isolationist argument completely.

I would like a further explanation from the Minister in relation to how we will select our representation on the committee of the regions. I am concerned that the whole concept of subsidiarity — taking decisions at the lowest, most effective level — is really washing over the heads of the people. As we are a single region, all the decisions are made in Dublin. Therefore the concept of subsidiarity means very little in this country as all the decisions are taken by the Government. Where is local government reform? Is this Government avoiding it so that they do not really have to get into the meaning of subsidiarity which means making true regional and local decisions? How will our nine members of the committee of the regions be selected? Will they be democratically elected representatives of local and regional bodies around the country? We need to know. It cannot be "a jobs for the boys" handout by this Government. We need assurances from this Government that we will have a truly representative group of nine on the Committee of the Regions if the principle of subsidiarity and regional decision-making is to mean anything for this country. Could the Minister in his reply tie that to the slow, snail-like progress being made in local government reform and say whether there are ulterior motives for that?

Even with the reforms that are now being proposed in the institutions in Europe, and in the voting processes within Europe in the different institutions, there will still be an enormous democratic deficit. I should make an attempt to explain that: there is a tremendous feeling in this country that the ordinary people do not really know what is going on in Europe, what decisions are being made, why they are being made, and how those decisions are being taken. Their is no to-ing and fro-ing of information between Europe and the people of Ireland. There appears to be no accountability to the Irish electorate for what our Euro representatives are doing. There is a growing feeling that at local and regional Government level, and even at national Government level, we are out of touch with our representatives who are taking critical decisons for us in Europe in the different institutions there. This is obvious from the lack of understanding by Joe and Mary citizen of what the Maastricht Treaty is all about. If there was not a democratic deficit, if there was a true method of accountability, far more people would have a ready grasp of what the European Treaty framed in Maastricht is all about. They do not. Vast numbers of the public have not got a clue and they have only been further confused by the Protocol and the issues that have led from that.

While there are many Protocols attached to the European Treaty, in this country there is only one Protocol. The Protocol and the implications from it following the judgment of the Supreme Court in what we refer to as the X case, should be sorted out before we are asked to ratify the Maastricht Treaty on 18 June. We should sort out the enormous confusion relating to the right of the women of Ireland to travel and the right to information, and the further threats of injunctions by the Attorney General. I do not know how one can say that after 18 June he will not injunct but before 18 June or if we get a "no" vote he will injunct. All of that area, and the whole issue of limited abortion, on which there are irreconcilable conflicts between the right to life of the mother and the unborn that have been spun from the Supreme Court judgment, should be sorted out before 18 June so that the electorate could face the real issues of the Maastricht Treaty without being distracted by what for so many of them is an issue of conscience and of moral concern.

The Maastricht Treaty and all other European Treaties state specifically that they are not involved in introducing abortion to Ireland or indeed to any other country. One can understand the fears that have been generated by the Government because of their mishandling of the so-called "Protocol" issue and the Supreme Court judgment, and their refusal to sort that out before facing the decision on the Maastricht Treaty in the referendum. The Government stand indicated for failing to sort it out.

I feel I am talking to the wind at this stage, because, in reality, it will not be sorted out before June 18 now, but I must register my protest, and say it should have been resolved so that the real issues in the Maastricht Treaty in relation to the future direction of this country for generations to come could have the undivided attention of the electorate rather than their being distracted by extraneous issues that have been brought in because of home-grown problems, because the last Cabinet decided to tag on a Protocol without any reference to these Houses as to whether it was necessary and because of the 1983 amendment to the Constitution which led to the confusion and fall-out which we said at the time it would. I will go no further, but I want to register my strong feelings in this area, and say to the Government that they should have sorted the matter out before presenting the Maastricht Treaty before us for ratification.

One of the reasons we joined Europe was to benefit our agriculture sector. If we were not a net agriculture exporting country and if agriculture had not been our main industry in the early sixties and seventies when the talking was going on, we may not have considered it. It is easy to be wise with hindsight.

I must refer to the proposed reforms in the Common Agriculture Policy. No sensibly minded citizen could accept that the road we were going down in terms of surpluses, mountains and lakes and the cost of storage rather than the true transfer of income to farmers was justified any longer. If the Common Agricultural Policy is a common policy, it should be implemented in the same way in each of the 12 member states. It will be easy for the French, the Germans and others to agree to major reforms, to agree to major cutbacks and a reduction in subsidies, supports and structures right through the agricultural system because their national Governments are in a position to give more in national aid to compensate their farmers than the Irish Government will ever be able to give Irish farmers to make up for whatever reform is introduced.

If it is not a common policy and if all farmers in the Community are not treated equally, post the Common Agricultural Policy reform, the Irish farmers will not be playing on a level playing field. The German farmers, the French farmers and others will have an unfair advantage. I am not getting into the specific details of Common Agricultural Policy now because we do not have the time, but I appeal to the Government to ensure that if it is anything, it should be common to each state. If it is not going to be common, and if some states can give greater national aid to their farmers to compensate for the reforms, let us not talk about a common policy. Let us request a particular favour to grass based agriculture in this country, throw out the common concept and let us ask for preferential treatment for grass based agriculture as that is the mainline agriculture in this country.

The concept of the Treaty of Rome was to concentrate production in areas of natural advantage. Our greatest area of natural advantage is production off our grassland. We should forget the Common Agricultural Policy because it will not be common because we will not be able to compete with the degree of national aids provided by other governments. Let our grass-based agriculture be given preferential treatment and ensure that it will at least have a truly competitive advantage in Europe. It is all we can ask for when we are not able, economically, to compensate our farmers nationally as other countries will be able to do. That is a critical issue in the outcome of the Common Agricultural Policy talks and it must not be lost sight of. I appeal to the Minister to ensure that that concept is understood by the present Minister for Agriculture and Food because the last Minister did not understand when we were talking about preferential treatment and national aids versus the Irish situation.

May I point out the difference in the attitude of the two main parties in this country to Europe over the years? I decry the main plan of the Taoiseach's sales talk in relation to the Maastricht Treaty. Either he was threatening, albeit in a veiled threat, the women of Ireland what would happen if they did not vote "yes", or he was threatening the economic, commercial and industrial sector what would happen if they did not vote "yes", because the £6 million would not be forthcoming, or threatening the west of Ireland because their Cohesion Fund would not become a reality, or he was selling an empty message that was not understood by the people. The Fine Gael Party although not in Government sold the Single European Act. We were the people who ran with it and canvassed on it. The Government at the time were less than convinced, and they sat down, but we understood the importance to this country of following through in Europe, the importance of Europe to Ireland and the concept of a greater Europe to Ireland.

We should concentrate on the wider vision of Europe when we sell the Maastricht Treaty to the people because that is what the people want to hear. They are not convinced by money arguments or by threats of what may or may not happen the women if we do not vote "yes" on 18 June. Could we talk about the vision that so many of us have of being full and equal members of a European Union, a Union that is going to increase in numbers up to 20, 25 and 30 over the next decade or two? Could we talk of the importance of ensuring a future for all young people on this island; if they want to travel, they can travel, and if they want to work at home they have the option to work at home, and so that they can have an education system that is truly equal in opportunity to all of them, an aspiration that is dear to all our hearts? Could we talk of a vision in which we have a health system that is not two or three tier, so that one has access to medicine when it is needed, and not when one can afford to pay?

Let us sell the vision of Europe as we all see it to the people of Ireland. Let us sell the enormous contribution that the Irish can make to Europe, because for decades we have had an enormous cultural disposition towards Europe, towards the missionary fields, towards educating abroad and in relation to overseas development aid. If we sold the vision that so many of us have of what Europe really means, we will have no problem in getting a massive "yes" vote on 18 June. If we just hold out the begging bowl and tell people how much we might get here and what few pounds we will get there, or what may happen the women of Ireland if we do not vote "yes", if we threaten or misinform, or ill inform people, they will not bother to vote. If we put before them a vision of what many of us see as true European Union, of the enormous contribution this lovely country has to make to a European Union, as full and equal members sitting at every table, not as second tier members of Europe, the people will come out in their thousands to vote on 18 June. I appeal to the Government to start portraying that vision in their debates and in their presentation of the Treaty. The Irish people are aching for leadership and for vision.

Socially, economically and politically, there can be no turning back now. We can no longer afford isolationism on any of the issues that are raised. We must resolve the problems of the Protocol and the outcome of the Supreme Court judgment. They are home grown problems; they will be resolved here at home. They have nothing to do with the real issues of the Maastricht Treaty. I appeal for massive support for the Maastricht Treaty on 18 June so that this Government can ratify the Treaty that was agreed in Maastricht last December. I look forward to being a part of an Ireland that is a full and equal member of a European Union for decades to come.

I am delighted to have the opportunity to speak on this extremely important debate today. I agree with Senator Brendan Ryan; I do not agree with him too often on policy matters but I agree that this is one of the most important economic decisions we will have to make this century.

The real push for economic and monetary union came in 1988 when the European Council instructed Commissioner Jacques Delors to propose the measures to realise, in stages, full economic and monetary union. The mid to late eighties were characterised by a high degree of EC self-confidence. The Community had shaken off the stagnation of the early eighties in relation to the difficulties that were being experienced in Europe at that time. It resulted, as Senator Doyle said in the signing of the Single European Act in 1987. I disagree with her staking the claim for Fine Gael with regard to all of the developments at that time. I remember campaigning quite vigorously in 1987 to ensure ratification of the Single European Act.

The Senator must have been an exception.

With the foundation laid for a completion of the Internal Market by 1 January 1993, the EC turned its attention to a logical extension, a single currency for a Single Market. Jacques Delors in April 1989 proposed a three stage process for achievement of economic and monetary union. Stage one consists of the drawing up of new rules and procedures for voluntarily achieving a higher degree of convergence in terms of economic policy among member states, to facilitate an emerging monetary union. It also proposes closer co-operation and consultation between member states' central banks. Stage two deepens this process to settling specific policy targets and enforcement rules. Stage three consists of the irrevocable fixing of exchange rates against the central ECU rate from which emerges the new single European currency.

The substance of the Delors plan matured through an intergovernmental conference over a two year period ending last December in Maastricht in the proposed new Treaty on economic and monetary union. From an Irish point of view our essential interests are best served by an early and full achievement of economic and monetary union. Ours is a small open economy, one of the most trade dependent economies in the EC. The vast bulk of our trade in imports and exports is intra-Community trade. Economic and monetary union would eliminate all the exchange risks on all our trade with other EC countries, assuming all are in. The transaction costs of Irish business would disappear as would such trade in respect of currency convergence charges and hedging operations. Perhaps as significant as all of that, from an investment point of view, is the strong expectation that Irish interest rates would diminish towards a lower EC norm over a period. Indeed, it sets to one side the considerable dynamic effects on the Irish economy of belonging fully to a one speed economic community. These include increased overseas investment, more jobs, extraordinary growth rates in export volumes and values and a huge growth in the willingness of non-Irish residents to hold Irish gilts. The absence of any of these dynamic elements would be catastrophic for the future of the Irish economy. The implications of a "no" vote should not by any means be under-estimated in this regard.

The real task of Maastricht on economic and monetary union was to spell out how to get from where we are to where we want to be. Four key criteria have been set to determine the level of required economic convergence consistent with economic and monetary union. These relate to inflation rates, exchange rates, interest rates and excessive Government deficits.

To enter stage three a member state is required to establish a capacity to sustain a reasonable level of price stability, such that its average rate of inflation or consumer price index over a period of a year prior to examination, shall not exceed the best real inflation rates within the EC by more than 1.5 per cent. Our current performance means that will not present any problem for Ireland which already meets the criteria. Countries must be full members of the exchange rate mechanism which Ireland has been since the foundation of the European Monetary System. In addition, a member state must have respected the normal fluctuation margins without severe economic tensions for at least two years before examination, and in particular, no other valuation at the states' own initiative is permitted over the same period. This, too, is a criteria which, given the Central Bank's prudent policy on exchange rate management, should present no problem to Ireland and is one which we already fit.

Interest rates are to be measured with reference to long term Government bonds or comparable securities. To qualify, a member state must have an average nominal long term interest rate that does not exceed that of the three best member states in price stability terms, by more than 2 per cent. Again, following from our participation in the narrow band of the EMS, Ireland currently makes the cut on this measure.

The excessive Government deficit criteria is double barrelled, relating both to actual budget deficit and to debt — GNP ratio. The Maastricht Protocol defines reference values for both — 3 per cent of gross domestic product being an outer acceptable limit for budget deficits, and 60 per cent of gross domestic product being the ratio for total debt to annual national incomes allowed. On current and recent performance Ireland should have no problem in producing annual budgets with deficits of 3 per cent or less.

There is a problem in relation to the second criteria that has been laid down because Ireland's debt to gross domestic product currently stands at approximately 95 per cent. One could not expect Ireland to get it down to the 60 per cent ratio within a short period. It is estimated in that regard that a ratio of approximately 8 per cent would be the target that Ireland could meet. If Ireland could be shown to be very serious about trying to reduce this debt we would not be excluded.

The final stage of economic and monetary union will begin at the latest, on 1 January 1999 and may begin as early as 1997 provided a majority of member states meet the convergence criteria set. It is characterised by the establishment of a powerful and independent European Central Bank with the full range of monetary instruments and policies appropriate to such a bank, and by the irrevocable fixing of the value of the ECU from the outset. Once agreed to, this process is irrevocable. It is clear from the analysis of the convergence conditions dealing with inflation, exchange rates, interest rates and excessive public deficits, that preconditions have been set for participating member states to enhance the overall ability of the European Community to sustain an effective monetary union based on price stability and economic growth. No one wants runaway inflation; no one wants unsustainable or unstable exchange rates; no one wants high nominal and real interest rates and it is not in anyones interest to see runaway Government deficits and excessive national debt. We will see a continued emphasis on low inflation, stable exchange rate policy and an interest rate policy that, subject to a "yes" vote will be designed to protect the external nature of our currency, showing some real differential with the key continental interest rates.

There is no choice but to continue with strict public expenditure control policies in order to achieve the acceptable debt — GNP ratio. However, looking at the effects of our accumulated debt over the past number of years and the poor impact of expansionary fiscal policy in Ireland as a small open economy, I could come to the conclusion that it is a great pity we did not have a Maastricht Accord 20 years ago before we inflicted all of the damage on ourselves.

In the event of a "no" vote, the most immediate likely effect would be a significant rise in interest rates. Up to £3 billion of Irish Government bonds are already held by non-nationals. A "no" vote would trigger an immediate capital outflow. The only way to counter this would be to increase interest rates as a reason for inducing this money to stay. Such a policy would be disastrous for Ireland, but inevitable, to avoid greater problems. Ireland is suffering the worst unemployment crisis in the European Community, at a rate twice the Community average, in spite of a creditable overall economic performance. Moreover, there are fears that a strong single market with full economic and monetary union and the four freedoms of movement in relation to goods, services, capital and people, will result in a concentration of growth in the central areas, perhaps at a cost to the peripheries.

We are all familiar with the controversy surrounding Articles 2 and 3 of our Constitution, Bunreacht na hÉireann, which sets out the territorial claim in respect of the definition of the Irish territory and causes such sensitivity and difficulties with sectors of the population both North and South. In this context, it is amusing to an extent, that Articles 2 and 3 of the Maastricht Treaty prove to be of no less interest to Ireland than their domestic equivalent, and they indeed constitute the basis on which we lay claim to a right to protect our strategic economic interests, especially in so far as they relate to matters of real as distinct from financial economy. Article 2 of the Draft Treaty reads:

The Community shall have as its task, by establishing a common market and an economic monetary union and by implementing the common policies or activities referred to in Article 3 and 3a, to promote throughout the Community a harmonious and balanced development of economic activities, sustainable and non-inflationary growth respecting the environment, a high degree of convergence of economic performance, a high level of employment and of social protection, the raising of the standard of living and quality of life, and economic and social cohesion and solidarity among Member States.

The proposed Article 3 enumerates a large number of Community activities which shall be engaged in to achieve the objectives set out in Article 2. Among these is "the strengthening of economic and social cohesion". These policy objectives were keenly pursued by the Irish Government from the outset of both Intergovernmental Conferences, and we played a leading role among the so-called cohesion countries in advancing our claims to ensure that these matters would be accorded due priority in terms of the Community's new legal base. The general references in Articles 2 and 3 are an important springboard but needed to be developed in a more detailed form. Thus two additional features of the political union treaty were born.

A second major emphasis by the Commission is on partnership. This has tended in Ireland to concentrate on a Dublin/Brussels decision-making axis because of the centralisation in Ireland and not because of any EC preference. I would hope, in this regard, that much of the decision-making and allocation of funds would be based on a regional basis within the country rather than by a single decision at central Government level. I know there are moves afoot to involve a number of the regions in Ireland in a decision-making process by forming certain types of committees. I hope that decision will be taken and structures established sooner rather than later.

The third element in reform was to make the Structural Funds consistent with general, national, regional or local development strategies. Improved administration as the fourth principle led to the agreement and publication in November 1988 of the Community's support framework for Ireland 1989-93 which was worth £2.86 billion. The CSF in its turn matured into a series of specialised operational programmes such as peripherality, for example, roads, tourism, rural development and so on. A project focus was replaced with a programme focus for each chosen area of activity and an emphasis was also placed on additionality or the matching of public or private funds provided to enhance the EC structural aid.

The essential purpose of reform aimed to simplify the process and to decentralise as much of the decision-making as possible away from Brussels towards the recipient regions. These revised rules will continue to apply after Maastricht based on the experience gained since 1989. Maastricht has reviewed the Treaty's legal base and amended Article 130 (d) to provide for the establishment before the end of 1993 of a Cohesion Fund which will make financial contributions to projects in the field of the environment and planned European networks in the area of transport infrastructure. There is also a Treaty obligation on the Commission to report formally on the cohesion agenda every three years.

In addition to the new Cohesion Fund a special Protocol is to be annexed to the Treaty on the overall topic of economic and social cohesion which agrees on the need to review the size of the existing Structural Funds as well as evaluating their overall effectiveness in the course of 1992. In addition, an intention is signalled, to allow a greater margin of flexibility in the allocation of such funds for specific needs which are not covered under the existing regulations. That is a very welcome development.

The net effect of the renewed emphasis on economic and social cohesion should see a substantial increase in the level of structural funding available over the years 1994 to 1998. This is certain to happen irrespective of the funding demands for Central and Eastern Europe or the new Commonwealth of Independent States in the former Soviet Union.

The problem of commitment to double Structural Funds spending overall for the four member states, Greece, Portugal, Spain and Ireland should not be taken as a specific commitment to double the funds for any particular country. There is no definite decision that the funds will be doubled after Maastricht. In 1987 Structural Funds amounted to 9.1 billion ECUs out of an EC budget of 49.4 billion ECUs. By 1997 the plan is for such funds to amount to 29.3 billion ECUs out of a budget of 83.2 billion ECUs. Even on that basis the advantages that will accrue to this country in terms of actual funding will be enormous, even if we do not, as is anticipated, reach the doubling of our structural funding.

Unfortunately, too much public debate in Ireland focuses on the monetary amounts and too little is on the evaluation of how the money should be spent and how it has been spent. Far too little attention is given to the economic impact which flows from availability of these funds which are provided to the Irish economy to help us get over our structural impediments and to ease our transition, first, into the Single Market and now, under the new package, towards full economic and monetary union.

The recent Report of the Industrial Policy Review Group comments on, "a widely held perception in both the public and private sectors that Structural Funds represent in some way free money from Brussels." This attitude clearly leads to less rigour in their allocation and evaluation from the point of view of their overall impact.

It is apparent from successive Court of Auditors Annual Reports that the Irish public service is quickest off the mark in the EC when it comes to drawing down allocated funds. While clearly a great credit is due to the administrative skills, this of itself is no substitute for ensuring the most effective use of funds. Properly used, these funds can make very real contributions to growth and development in Ireland but it is vitally necessary to put them in their proper economic perspective.

Were we to receive what is anticipated, £5 billion plus, under the Delors II Package by way of structural expenditure, it would amount at least to the equivalent of about 4 percentage points of GDP in such funds alone. This is a huge amount of money and an enormous contribution from European taxpayers towards the cost of trying to improve and integrate the Irish economy into the wider EC Single Market with a single currency.

Nonetheless, these figures must be set against the stark and unpalatable truth that, this year, and into the foreseeable future the cost of repaying our existing national debt amounts to 10 percentage points of GDP. This is an enormous discrepancy and we have a huge task on our hands to deal with it. That is a huge burden which we have to tackle. The Government have been setting about tackling that problem for the past five years. They are doing an exceptionally good job in trying to reduce the huge debt. Nothing more starkly underlines the necessity for proper management of our own affairs as the key determinant of our economic prospects. It is vital that we tackle it.

We must begin after Maastricht with other less prosperous states and regions to evaluate all policy areas with regard to their cohesion or catching-up impact. There is a strong danger that the greater our focus and dependency on flows of funds alone, the greater will become our dependency mentality. Nothing will develop the Irish economy except the enterprise and abilty of our people. For that reason it is important to challenge the all too easy and cosy prospect of externalising solutions and waiting for manna from Heaven in the form of EC structural funding. Helpful as this can be as a complement to development, it is no substitute for native enterprise. It is difficult to avoid the conclusion that the constant emphasis on fund dependency rather than market exploitation reinforces our geographical peripherality with an even more pernicious peripherality mentality. Ireland, after two decades of EC membership, must develop a vision of Europe that is more sophisticated than just milking the financial flows. The alternative to such a vision is really to travel blind.

The Commission's White Paper on Industrial Policy 1990 acknowledged the fears that, as trade barriers are dismantled, there is a danger that State aids will be used as an anti-competitive substitute. The Commission argues, further, that a more effective approach to Cohesion Policy at EC level would be served by a progressive reduction of aid incentives in the central and more prosperous regions. The result of this would be to avoid or lessen aid competition of a beggar my neighbour sort which low income, peripheral economies like Ireland are in no position to win. This surely has to be a strategic priority for the Irish policy makers in the future, since the effect is not only a budgetary one in Ireland, but also critical to the employment equation. Of itself, it requires no direct monetary or financial flow from the European Community but operates in an area where the scale and intensity of competing aid is staggering in comparative terms.

Structural funds are an extremely important bonus in development terms to the Irish economy. For so long as they remain, and certainly that will be the case, in an enhanced form, the foreseeable future, we must make the most productive use of them. Nonetheless cohesion is a much better prospect than simply looking for money, beneficial though that is. Our public administrative skills have served us extremely well in the money stakes. They need to be enhanced in terms of our capacity to ex-ante evaluation of spending plans to make sure that they have real economic impact and deliver real value for money. We must also cast a cold eye over a much wider cohesion net.

Maastricht develops, as a matter of Community law, for the first time ever, an emphasis on union citizenship. It confers important new rights on all of us, from the point of view of free movement, rights of residence, access to labour markets and rights to contest, and vote in, local and European elections. The attainment and exercise of these rights is one of the means by which the ordinary Community citizen can and will experience the individual benefits of membership.

For many years local authorities in which, as a member of one such body, I have a particular interest, have been to the forefront in twinning arrangements between our cities and towns and those in other EC States. This is an enriching movement which creates and deepens bonds at a personal and Community level, and one which I would like today to acknowledge, encourage and salute from the point of view of the citizen's Europe.

One of the final topics I wish to raise in relation to local authorities is the issue of landfill waste management and the proposed new EC law. The plan, in that area, is to insist in future on rigorous, and what will prove to be costly, site preparation, supervision, management and aftercare in respect of landfill sites. I do not believe it will be feasible in such a context in the future for individual local authorities is easily afford to meet the criteria set down in these proposals. With all its attendant difficulties, I have no doubt that concentration along regional lines will need to be looked at, because of the huge implications in terms of expense, in the provision of proper facilities and the acquisition of the sites that will be needed to fulfil the obligations laid down by the European Community. It is an enormous task. It is essential that we have a regionalised landfill area with a group of local authorities coming together to try and solve this massive problem.

We do not have an alternative to becoming part of Europe. I know people have different views and misgivings about it but if you cast a cold eye on the alternatives, they involve putting ourselves, in economic terms, outside a Community of 350 million people. It means closing the door on an opportunity of that kind. I do not think we can afford to do that for the generations of Irish people who will come after us. We must afford them that opportunity. I know there are difficulties in the EC. It is not all plain sailing. It is not a land of milk and honey, but for every pound we pay into Europe we are getting £6 in return at the moment. That will be doubled in the future. From that perspective, if we want to be selfish, we do not have any alternative. We owe it to future generations, the business people and the community at large, to become part of Europe and to be true Europeans and we can only do that by way of a resounding "yes" vote on the Maastricht Treaty on 18 June.

I would like to say, at the outset, that I hope not to be too repetitive. I do not want to say things that have already been dealt with extensively by other Senators. I have a particular angle on this Bill having received a detailed legal briefing about certain aspects of it. I do not intend to stray too far into areas of general policy which have already been dealt with because I would like to make some of my time available to my colleague, Senator Joe Costello.

Is that agreed? Agreed.

I have listened with great interest and respect to Senator McKenna's detailed exposition of the virtues of the Maastricht Treaty. There is much in what he has to say about the economic benefits and so on, but I was slightly concerned that he used a phrase suggesting we have no option but to join Europe. We are already part of Europe and we do not have to join anything. We have a democratic entitlement to withdraw from the ratification of this Treaty and it is quite possible that our Danish colleagues, who have a far more finely balanced situation in their referendum on 2 June may, in fact, do the job for us before 18 June. I would just like to point our that we are Europeans, we are good Europeans and, even as good Europeans, it is our entitlement to scrutinise and examine the fine detail of this Treaty.

I meant we would be better.

Exactly, that is fine. I would like to refer to the Protocol, and say that I really think we have got ourselves into a disastrous mess here, and quite unnecessarily. I listened with interest to the comments of the Danish Foreign Minister when he made this perfectly clear. He said: "This was an Irish problem, you created this difficulty, we are not going to get you out of it. Get out of it yourselves." This is what we must do. It is a mess, it is unnecessary. I thought it was quite extraordinary that Mr. Collins went scuttling off to Maastricht and secured this Protocol without, apparently, a Cabinet decision or even a Cabinet discussion. As I understand it, the junior partners in Government were not made aware of this until after it was a fait accompli. I have to say this raises very serious questions about what the Government's priorities and values are. This Protocol was introduced to protect the area of abortion and the Article that was inserted in the Constitution after the referendum on this matter. I would like to ask, what about Articles 2 and 3 of the Constitution, which are supposed to be the core values of Fianna Fáil, the principle party of Government? They were clearly compromised by the Treaty of Rome and they are, clearly, further compromised by the ratification of the Maastricht Treaty. Why was no sensitivity displayed with regard to Articles 2 and 3 of the Constitution?

The solemn declaration of the other High Contracting Parties is a complete and utter farce. I do not believe it has the slightest legal impact. They can declare whatever they like, solemnly, but it is perfectly clear to me that they have got their tongues well buried in their cheek. I believe that, with regard to this Protocol, the question of travel and information should, in honesty, decency and fairness to the women of Ireland be clearly and unambiguously resolved before the Treaty itself is placed before the people. The economic arguments for the Treaty are clearly quite strong, particularly with regard to the strategic position of Ireland and the fact that we may very well attract significant international investment here, because we are a good launching pad into Europe. I am sure the point has been made that a number of industries have, in recent months, been located in Ireland, with the multinational concerns involved clearly indicating that the location of Ireland as a platform for jumping off into Europe was a significant factor in deciding to come here. I also welcome the fact that one of the consequences of this ratification will be that we will also be in a position to ratify the European patents agreement, which is a very important matter.

I regret the Government did not negotiate further with regard to the redistribution of wealth from the centre out towards Ireland. We are going to have a European Political and Monetary Union but not fiscal union. We will not have a general tax system under which the taxation yield would be redistributed to the less advantaged regions of the Community which include Ireland.

I read with some amusement the document produced by the Government in which, for example, they talk about increasing the effectiveness of the European Court of Justice. They say: "Apart from streamlining the work arrangements of the Court, the Treaty introduces legal machinery to ensure the EC countries fulfil their Treaty obligations by imposing penalties if they fail to comply." The Minister is breaking my heart. I wonder if he would apply this principle to the European Convention on Human Rights under which I won a case against the State of Ireland nearly four years ago. I am not too worried about that. Perhaps if there were severe penalties involved in that one, they would be more inclined to live up to the high-minded claptrap which they indulge in their very one-sided document about Maastricht.

I would like to indicate another area of particular concern to me, the way in which the referendum is worded. We will have to encounter the complex situations involving the harmonisation of asylum policy within Europe. I will come back to that later. It seems that the international human rights dimension has been very much neglected and that people seeking asylum — refugees, people threatened with torture or with disappearance, that wonderful euphemism — are suffering a continuing attrition of their rights.

I would like to get directly into the question of the legal niceties of this referendum. I am particularly worried about the unnecessarily wide scope of the proposed Maastricht constitutional amendment. I understand from my colleague, Senator Brendan Ryan, that he has placed amendments before the House which will have the result of dealing with this situation in some measure. I certainly will be supporting him vigorously on Committee Stage. The Referendum Bill proposes to delete the third sentence of the present Article 29.4.3 of the Constitution and substitute for it a sentence stating that any laws, acts or measures "necessitated by the obligation of membership of the European Union — which is not yet in existence —"or of the Communities" shall have the force of law in the State. It had been anticipated, and was generally expected that the phrase, "necessitated by the obligations of membership of the Communities" would have been applied to the Maastricht Treaty in order to give the force of constitutional provision to the amendments to the existing Community Treaties set out in Titles II to IV of Maastricht. But the Government's proposal to give, in addition, the force of constitutional obligation to whatever is necessitated by membership "of the European Union" means that matters arising under Treaty Title V, which deals with common, foreign and security policy, and Title VI which deals with co-operation, in justice and home affairs, are now, quite unexpectedly, being made immune to constitutional challenge in Irish law even though they are not, or not yet, within the compass of European law.

Titles V and VI are being referred to as the Intergovernmental pillars of the European Union Treaty. This means that the public policy matters covered by them are not within the scope of European law, the jurisprudence of the European Court of Justice, which was referred to in the Government's publication I just quoted, or the compass of the main EC institutions, as they exist at the moment. Yet the Government, because of the unnecessarily wide scope of the proposed constitutional amendment, are now proposing to put anything done under these titles in the future outside the scope of Irish constitutional challenges as well, so long as such future changes can be claimed to be necessitated by the obligations of Union membership. This is not the case in all the other countries. Many of the other European countries have a far wider scope for individual constitutional challenge on the part of their citizens.

The profound constitutional significance of this derives from the 1987 Supreme Court judgment in the Crotty case, which I am sure the Minister will remember well, as I do. It was the first matter that was discussed on the first day I came into this House in 1987. The Crotty case held that the Community Treaties might be added to or amended indefinitely as long as the proposed additions fell within "the scope of the objectives of the Treaties". The objectives of the European Union, given in Article B of Maastricht, are extremely wide and capable of extension in future practice to virtually all areas of public policy.

This takes in defence. I may not have time to go into it in any great detail but I am worried about this notion of defence. I believe one person's defence is another person's aggression. When we are talking about foreign policy and military matters, we are talking about defensive military situations. We have heard much about the economic necessity of agreeing to Maastricht, but suppose, for example, our economic interests, or our oil supplies, were threatened by political developments in some Middle Eastern country, would it be regarded as within the foreign policy objectives of this Treaty if we went to war? By ratifying this Treaty in the manner in which we have ratified it, we would have no recourse to the Irish people. We would have no constitutional capacity to manoeuvre ourselves out of being involved in a war which could be described as defensive, but would, in my opinion, morally be an aggressive war.

As a result, if the Maastricht consitutional amendment is passed with the wording the Government proposes it means that any new treaties that may be signed by Ireland in future years giving further competence to the Union in domestic and foreign policy will not require an Irish constitutional referendum, because they will be within the scope of the objectives of the European Union that we are being asked to establish and accede to on 18 June. This means, for example, that we could, in due time, have a treaty establishing a European Union code of labour law, extradition law, social security or even civil rights and giving further legal competence to the European Union or Communities in these areas. So long as such a Treaty could be construed as falling within "the scope of the objectives" of Article B of the European Union it would not require any further referendum in Ireland to have the force of constitutional provision here. Again, if, in time, a Union defence policy is agreed, and if this should lead to a European army or participation in a war, it seems that there would be no need for special Dáil sanction for such participation — although that is now constitutionally required — so long as such actions were construed, or capable of being construed, as being within the scope of the Union's objectives. Moreover, the Maastricht amendment gives constitutional immunity, as well, to all laws, acts and measures of the new European Union, which goes much wider than the Communities, and to "competent bodies" set up under the Treaties.

There are many technical matters here. I may not have time to deal with all of them. I will leave Senator Costello some of my time but I would like to deal with some of these issues. I wonder, because it is such a serious matter, would it not have been appropriate, and it is now too late, to establish a professional judicial examination of the points that have been raised here? I am raising them after a substantial briefing from a legal source. This referendum, which goes far further than would have been necessary merely to ratify Maastricht and if we pass it we are abrogating and waiving some of the very valuable and important constitutional protections that we have as citizens of Ireland. Wide powers are given to the union.

Titles I, V and VI of the new Treaty contain new objectives and new powers, in the areas of defence, foreign policy, citizens' rights, justice and home affairs. These powers are to be given to the European Union, as I have said already, a new legal entity that does not and will not exist until Maastricht is ratified, if it is. This will incorporate the European Communities but will have powers of its own which transcend those of the Communities. The European Court of Justice will not have jurisdiction in respect of these extra-Community powers.

The proposed wording of Article 29.4.5 makes it clear that the present constitutional immunity given to all acts of the European Community is to be extended to include all acts of the European Union. The existing immunity provision, Article 29.4.3, provides that nothing in the Constitution prevents any laws, acts or measures of the Community from having the force of law in the State. It also protects laws, acts or measures adopted by the State which are necessitated by the obligations of membership of the Community from the scrutiny of Irish courts. Thus, no such act, protected by the immunity, could be declared invalid by an Irish court even if it would otherwise have been repugnant to the Irish Constitution.

In the case of Community acts, the reason for the immunity is a requirement that each member state accept the primary of Community law in its national or domestic law in a uniform manner. If each country could interpret the Treaty for itself and allow national laws to impede the application of Community law, discrepancies would arise which would create barriers to trade and to the harmonious development of the Community. In fact, the very existence of the Protocol on abortion illustrates clearly the fact that the Government appear to be sensitive to this in one very small area. Therefore, there is an obligation to us to ensure that any constitutional immunity that we cede should be carefully considered and defined in advance because it could have unforseen consequences.

I do not believe the Government are doing this deliberately but I think they have strayed on to dangerous ground because there are unforeseen consequences involved in the present wording. Among these unexpected features in the proposed constitutional amendment is the extension of the present immunity to all acts which are specifically acts of the union and which fall outside the jurisdiction of the European Court of Justice. In the case of Community acts, there is a transfer of sovereignty from a domestic jurisdiction to the Community Court. In the case of extra-Community acts of the union, there is no Community or no union court authorised to exercise such jurisdiction. The result is that no court would be empowered to hear a complaint about the effects of such law or acts of the union in Ireland. National courts in other member states may retain the power to hear such complaints as there is no obligation in the union Treaty to cede jurisdiction in these matters to a common court, but we have done it. We have actually sold the pass, but other European countries have not felt it necessary to do this.

I would like to return to the question of the Crotty v. An Taoiseach case which was reported in the Irish Law Reports in 1987 and which establishes the principles under which the constitutional authority to ratify amendments to existing Community treaties can be assessed. The judgment states:

It is the opinion of the Court that the first sentence in Article 29.4.3 of the Constitution must be construed as an authorisation given to the State not only to join the Communities as they stood in 1973, but also to join in amendments of the Treaties so long as such amendments do not alter the essential scope or objective of the Communities...

In discharging its duty to interpret and uphold the Constitution the court must consider the essential nature of the scope and objectives of the Communities as they must be deemed to have been envisaged by the people in enacting Article 29.4.3. It is in the light of that scope and those objectives that the amendments proposed by the SEA fall to be considered. Having regard to these considerations, it is the opinion of the court that neither the proposed changes from unanimity to qualified majority, nor the identification of topics which while now separately stated are within the original aims and objectives of the EC, bring these proposed amendments outside the scope of the authorisation contained in Article 29.4.3 of the Constitution.

The significance of this judgment in the present context is that the proposed constitutional immunity for such acts of the union may well extend to spheres of activity which are described as objectives of the present Treaty. The scope and objectives of the union already referred to are extremely wide. I have indicated that they could, in fact, include a common defence army and foreign policy.

Questions as to what the Treaty commitments involve in the extra-Community areas are excluded from the jurisdiction of the European Court of Justice by Article L of the Treaty and would, therefore, fall to be decided by the Council of Ministers. While Ireland retains a political veto on many such issues, the exercise of that veto is contingent on Government policy as it existed at that time and there is no requirement for recourse again to the Irish people by referendum or anything else. It would, therefore, seem to follow that the authority of Dáil Éireann under Article 28.3.1 of the Constitution to veto the participation of Ireland in any war would be superseded by the constitutional immunity given by the ratification of this Treaty.

Similar considerations also arise in the fields of justice, home affairs, and so on, under Article K of the Union Treaty and, as I have indicated, the question of an asylum policy arises because of the increasingly stringent arrangements with regard to harmonisation of an asylum policy under which the rights of citizens are abrogated. As I am sharing my time with Senator Costello I will stop on that point, but may I suggest that the Minister might refer to the extensive documentation on the harmonisation of an asylum policy prepared by Amnesty International.

I thank Senator Norris for sharing his time with me and, perhaps, I could start on the note he finished, namely, the referendum text on which we will be voting on 18 June. I, too, share his misgivings about the repeal of Article 29.4 of the Constitution in the Treaty. In my opinion, all that is relevant to us in voting in this referendum is subsection 4 which states categorically that the State may ratify the Treaty on European union, signed at Maastricht on 7 February 1992, and become a member of the union. Everything else is extraneous. I do not see why we need to go into this additional area that states that no provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State which are necessitated by the obligations of membership of the European Union. That introduces extraneous matter which confuses the issue and may lead to far reaching legal implications for the future. It was not good enough for the Taoiseach to come here yesterday and say they preferred the words "necessitated by" rather than "consequent on". That is not sufficiently clear. We may be caught up later in decisions on which we may want to have a referendum and decide individually or as a people, but under the Treaty obligations this will not be possible. Likewise in relation to Community patents; I do not think it was necessary either; a simple straightforward resolution for the referendum would have been appropriate.

In relation to the Taoiseach's statement yesterday that there was no issue of conscience involved, that is ridiculous. It was his Government who introduced the element of conscience by bringing in the Protocol. Ireland introduced one Protocol. There are 268 Articles, 17 binding Protocols, 33 non-binding Protocols and Ireland came up with one binding Protocol — the Eighth Amendment of the Constitution. It was this Taoiseach and Government, and the former Taoiseach, who introduced this element and now they disclaim any responsibility for it — they disclaim that it is there. The Solemn Declaration he sought in relation to the right to travel is the only area on which the Government made any contribution but, essentially, that area is not relevant to what we are trying to do. It is out of line. The problems have been of the Government's making, but they should have gone a step further and accepted the Labour Party's Bill on the right to travel and to freedom of information rather than going to Europe to try to solve a problem which should be solved at home.

I would also like to refer the Taoiseach, and, indeed, the Minister, to the section on Citizenship of the Union — a good section — which refers to the extension of European citizenship to all citizens of each state on the basis of rights enshrined by the European Convention on Human Rights. This is profoundly important. One section seems to have been overlooked, Article 8a which states:

Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect.

That is an integral part of this Treaty. We did not need to get so bogged down; if the Treaty had been properly read and interpreted there would have been no need for that solemn declaration as a substitute for the Protocol. Part and parcel of the approach to this is the fact that it has so hastily been done. It has not been properly assessed, reviewed or prepared. There was no White Paper, public or Oireachtas debate when we needed them and there is no foreign affairs or European affairs committee in this House or the other House to discuss its implications. There is no process by which we can amend it at this stage. There should have been prior consultation about this crucial step in relation to European Union. I agree with European Union and with the process that started with the coal and steel back in 1954 when a decision was taken, following one of the most terrible wars in history — the Second World War — that countries would come together to share economic benefits, markets and trade. The blossoming and enlargement of that would include other countries in central Europe and, indeed, eastern Europe. It is a fine imaginative scenario.

I would like to be part and parcel of the building of this great European-shared state. From that point of view I support the Treaty. I strongly criticise the manner in which it has been dealt with, the lack of contributions by the Government to the debate on the text of the Maastricht Treaty and the lack of consultation with the people prior to the decision to hold a referendum. I would like to see an amendment to Part Two on which we will be voting on 18 June. Rather than having certain obligations by virtue of membership in relation to future political union, any further step should be the subject of a referendum in all member states, not just here and in Denmark.

I would like to spend some time teasing out many of the Bill's implications, but I can only dwell on a couple of them. I will move to what I consider a major implication of this Treaty, economic and monetary union, its effects on the peripheral regions, such as Ireland, in relation to the timing of our entry into the final stage of European monetary union in 1999 and on employment. That has enormous implications for us. The Taoiseach said there will be a doubling of the existing Structural Funds but that is not on as a result of political developments, we will really have to fight for that. Much should have been done before; we left it to Spain to do the fighting when we should have taken the initiative. We did not do that so, already, we have lost a great deal by default. We need the Cohesion Fund; we need every penny we can get to try to improve our income which is now 69 per cent of the European average and needs to be raised.

I am worried that the money that has come so far from the Structural Funds has not led to any great increase in employment here, if anything the opposite was the case. We joined the EEC in 1973, our unemployment levels have quadrupled since. That is sad. What changes will there be in my constituency of Dublin Central? Will more people be employed? I do not believe for a minute that will be the case because we have not been able to transfer our economic competitiveness, which is still strong, despite what people say. We have been competitive in a European context for the past 25 years and more so in the past six years, but we have not been able to transfer that into employment. The wealth created by economic progress is not coming back to the people, and without it coming back to the benefit of the ordinary working citizen, what advantage will it be? The quality of life is not improving.

Will we reform our economy? I cannot see that happening. Has the Common Agricultural Policy created more employment in agriculture. It has not. The number involved in farming has decreased enormously particularly among our marginal farmers. Why? Most of the money that has been poured into the country has gone into that area. Let us have an answer to that. We have more money coming in but less employment. Will there be an improvement in the chronic housing conditions in any of the Dublin constituencies? I do not think so. Next door to me there is a flat complex, St. Joseph's Mansions, with almost 200 units of accommodation. They do not have bathrooms and they have been made a priority for development. The Minister for the Environment refuses to make money available. Will money be made available for people in need of houses? Will there be a change in the present infrastructural development with the emphasis on roads as distinct from rail and more environmentally friendly development? I am not sure because plans are controlled by central Government but we have been going in that direction since we got the Structural Funds back in 1987 under the Single European Act. We have no control over the direction of development. There has been no shift to ensure that the money from Europe, such as it is, will improve the quality of life of the majority of our people. Certainly some people will get richer, wealth will be created but will wealth stay in the country to create jobs? I do not expect it will.

I would also like to ask the Government how they will work out the 60 per cent gross product versus debt ratio that will be required by the time we integrate. We have reduced it from 131 per cent to 110 per cent over a period of five to six years, a 20 per cent reduction with enormous impact on the levels of unemployment, the level of services, cutbacks in hospitals and education. There will be a decade of deflation——

That is the past record. The Minister will have the opportunity to reply. We have received £3 billion in Structural Funds over the past five years but services have been cut back and unemployment has increased. What process will be adopted to increase employment and improve the service in the future? The bottom line is that if the quality of life is not improved by the extra funding that will come from Europe and if the Government do not take steps to ensure that it is passed on, then we will be signing an empty Treaty on 18 June.

I dtosach báire, ba mhaith liom fáilte a chur roimh an Aire go dtí an Teach. Tá mé a cheapadh gurb í an chéad uair go raibh mise ag caint ó ceapadh mar Aire é, agus go raibh sé i láthair, agus ba mhaith liom comhghairdeas a dhéanamh leis.

In view of recent public controversy I will, first, address the issue of the Protocol. It is easy for people to say that the Protocol should never have been inserted, that our European partners are not concerned about our attitude towards abortion and that it is an Irish decision only.

Ireland should have taken the initiative.

That is not a fact in law. The reality is that in European law abortion is counted as a service and, therefore, falls under the ambit of what a court of justice might reluctantly have to make a decision. Therefore, the Protocol issue is a European issue and not purely a domestic one. In my view the Protocol would have protected from European law whatever decision the Irish people made on this fundamental issue. Even the people who said there was no need for it because Europe would not interfere, accept, in principle that the decision of the Irish people on this fundamental matter should be supreme. Following the Supreme Court judgment, the meaning of Article 40.3.3 was turned on its head and how that happened is a debate for another day. However, for the Protocol to have the effect originally intended there had to be a change. At the time that I raised the question within our party — inevitably these things become public — there was no method by which a future decision of the Irish people could be incorporated in European law. The two issues being addressed at the time related purely to travel and information and between the time of that famous motion and now a fundamental change has taken place. We now have a solemn political promise that something will be written into law and that when this takes place there will be protection in law for Ireland's position on this issue if we decide to change our Constitution. That is a fundamentally different position than that of two months ago.

Of course, it is not law at the moment, and I accept that, but we must take on trust a political promise. Who in politics does not have to take on trust solemn promises given in a political sphere? I certainly intend pursuing what I believe is a legitimate political objective and that is that the abortion issue in this country should be decided by the Irish people, that we should not have our courts, effectively, writing the law and that decision should be immune from any Protocol future decision of the European Court of Justice by inserting a new Protocol. I believe that is the best way to proceed on this issue and it should be addressed in that sequence.

I have great sympathy with Senator Hanafin and I understand his doubts regarding whether this political promise will be acted on. However, I do not share his scepticism because any European Union that would renege on a solemn promise shortly after the ink was dry on the agreement would, in itself, sow the seeds for a break-up of that union. Therefore, I am willing to accept this promise and to work towards its delivery in action.

I accept that this view may not be shared by everyone, but having regard to what has been said to me, both privately and publicly, if I were asked to vote on abortion — no more than if I were asked to vote for the reintroduction of capital punishment which I believe is a legalised form of murder — my conscience would not allow me vote for either. If that meant the loss of my Seanad seat that would have to be the case and I hope nobody would have any doubt about my integrity and sincerity on that issue.

I will now address some European issues which form the greater part of European union. I sometimes think we are in Europe for all the wrong reasons. We have the wrong attitude towards Europe. Some politicians of other parties see Europe as a type of father figure that must keep a recalcitrant child in order. That attitude towards Europe is insulting and is totally unacceptable. Those people in Europe who state we could not keep our budgets in line if we did not have the discipline imposed by Europe are insulting to us. In fact, it is a curious twist of history that from the time of independence until 1973 — which coincidentally was the time we entered Europe — we never had current budget deficits and we did not need anybody to keep us in line.

There was a change of Government.

That may have been coincidental.

There was a number of changes of Government and Taoisigh.

It is also a fact that many employers did not need Europe to give rights to workers. As an employer, of my own volition, I have always been willing to take a progressive attitude towards workers' rights, consultation and involvement. I have always taken an open view in negotiations and I was willing to show the union representatives, who were negotiating with me, what I was getting as manager so that they could compare that with the earnings of other workers in the business. I have always believed in the total equality of men and women and do not need a European Parliament or union to support legislation guaranteeing equal rights to women and men.

Senator Ó Cuív was a good employer but the State was a lousy one. It had to be forced to give equal pay.

To say that we need Europe to dictate these matters to us is a cop-out attitude. On the west coast two issues in European Union concern us dramatically, the issues of cohesion and subsidiarity. Cohesion has become a buzz word but nobody is willing to take steps to ensure it. There is an attitude that if roads are built and small subsidies and grants made available, somehow cohesion will come about but that assumption quickly comes apart at the seams. If the building of infrastructure was the solution then the cohesiveness of this country within the United Kingdom should have improved dramatically between the years 1830 and 1890 when railways gave ready access to remote regions. However other factors had a greater impact than infrastructure, so that the exact opposite was the result.

We are nearly 20 years in the European Community and I have been studying population trends in rural communities. At present some rural communities are losing their population at a rate of 1.5 per cent or more per annum. Others are not, including the community in which I live where the population is increasing. If communities, despite the money being pumped in, are going to lose 15 per cent of their population every ten years, so that in 60 years they would disappear, one must examine the efficacy of the policies adopted until now and the efficacy of the word "cohesion" in European terms.

The Cohesion Fund as outlined will be divided between transport infrastructure, for trans-European routes and compensation for costs incurred in conforming with environmental regulations. What frightens me about that is that the Euro-routes outlined by the European Community do not feature roads west of the Shannon. The nearest the people of Connacht will come to a European route is Limerick or Dublin. If that policy is pursued, not only will real problems of cohesion not be addressed but we will reinforce the existing lack of cohesion within this State which the people of the west would resent very much. This policy would create social chaos by drawing people into the cities, creating problems there and breaking down rural communities. On June 19 when this amendment has been accepted by the Irish people, the real battle will begin to impress upon guardians of the fund what rural Ireland needs in order to achieve cohesion.

For cohesion we need infrastructure spread throughout the country and it is reasonable to demand that 20 per cent of the transport funds and that 20 per cent of the money for complying with environmental regulations would be spent in rural areas on county roads and on the provision of environmental and sanitary facilities, water etc. in rural communities. Cohesion will also necessitate a reanalysis of tax and social welfare measures to see how they unfairly and disproportionately affect rural communities. Under existing tax structures, proportionately speaking those further from the centre pay most tax. One of the present disappointments is that rural communities, which are so dependent on the motor car, will not enjoy reduced taxes on cars after European Union.

If Europe is serious about cohesion one of the simplest steps forward would be to ensure that the loss in revenue incurred by Government in imposing uniform tax, duty or registration fee on cars would be subsidised by the European Government. We must also examine our social welfare structures to ensure that money intended for the west in headage payments, ewe premiums etc. will not be sucked back into central Government funds by deductions from social welfare payments. The net effect on rural economies, particularly peripheral economies with a high dependence on social welfare among small farmers is that money does not remain in the community but is clawed back to the centre all the time.

Another condition of cohesion is cost structures particularly those relating to compliance with EC regulations or cost structures affecting the provision of basic services. One guarantee we must be given which we will watch for carefully is that European union and the liberalisation of services by the introduction of competition into basic services such as the supply of electricity and telephones etc. will not mean costlier services in rural areas. For too long people on the periphery have been disadvantaged in basic costs. Small incentives and various schemes cannot achieve cohesion on their own; we need decentralisation and localisation.

Jobs are concentrated increasingly in the service sector; more and more people are employed in offices and services. One of my fears is that because of the liberalisation of services and increased competition many of the services we now enjoy, such as post offices, banks etc. would be reduced to cover cost pressures in rural areas. The loss of a service and of valuable jobs would be serious. Ballinrobe, County Mayo at present has three bank branches. The introduction of competition would inevitably mean that lucrative city markets would have plenty of competition causing the closure of two of those branch banks. We must guard against this possibility.

If we go into Europe with our eyes closed to possible downsides, then we neglect the national interest. Aspirations clearly set out in the European Treaty must not remain merely aspirations. Hard decisions are required in Europe to establish the structures necessary for cohesion so that this buzz word does not become a sick joke in time but a new European reality. I intend to do my small part to ensure that promises now given are acted on.

The question of subsidiarity is dear to my heart. I am always concerned about ability of bureaucracy to draw powers to itself while saying it wants to decentralise power to local level. Within the Irish State everybody talks about giving power to local authorities but it is hard, irrespective of what Government are in office, to wrest power away from Government. There is always a resistance within bureaucracy to the delegation of power to the public. I fear the growth of a super bureaucracy based in Brussels. We have seen the seeds of this already in the laying down of trans-European policies and writing regulations in minor detail to try to reconcile the situation in the south of Greece to that in the west of Ireland, an absolute negation of the principle of subsidiarity.

European regulation should always be applied minimally. The realisation lately that it would be nearly impossible in Connemara to comply with recent regulations on water quality brought home to me how bureaucracy can run mad. It was not that the water would not be perfectly drinkable or in sufficient quantity; anybody who knows Connemara is aware that we are not short of water. Connemara could not comply with the colour specification regulation due to the peaty nature of soil there. That is over-regulation and a negation of the principle of subsidiarity. Paternalistically, it presumes that unless such a regulation were there we would not be capable of drawing up water schemes safe for public health.

For 20 years I have worked in a small community which has built up during that time. It has been a constant annoyance to see how bureaucracies in general — and I have great respect for individuals working within bureaucracies — found it hard to accept that locally, people possessed skills, commitment and knowledge equal to central administration and that there was no need therefore for constant control and regulation from the centre.

Given the attitude we sometimes adopt towards Europe, European Union will not be a bed of roses. I accept that we will become integrated there. I have no problem with the principle of free trade, particularly in goods or with the elimination of the Border within this country and borders between all countries.

We should, however, be aware of possible pitfalls. We should not presume that every common European policy will benefit us. We must go in with a fighting attitude to ensure that the Irish interest and Irish independence of action will be protected where there is no need for a common European policy and that inevitable disadvantages will be minimised by Irish people's comprehensive examination of the effects of all policies. We can talk forever about money flying here and there. I measure European policy success not by counting up the money and saying we got so many billions or trillions but by considering the effect on people's lives. That is the only worthwhile measure of policy, because all other methods measure the intention and not the result.

When we come to assess the new Europe in ten or 20 years' time I hope we will be able to say that it has had a beneficial effect on everybody's life, that it developed this country in a balanced way, that it achieved an adequate standard of living, a fair distribution of wealth and that it brought an end to the regional disparities so evident at the moment.

Is maith liom go raibh an díospóireacht seo againn; tá sé tábhachtach go bpléifí an cheist seo go mion. Is trua nach raibh tuilleadh ama againn lena plé

Is tar éis an 19ú lá de Mheitheamh a thosóidh an obair i ndáiríre; níl sa vótáil ach céim bheag ar an mbóthar. Ar an 19ú lá caithfear tosú ag cinntiú go gcomhlíonfar na geallúintí ar fad a tugadh maidir le forbairt eacnamaíochta. Caithfimid súil ghéar a choimeád ionas nach gcuirfidh cuid de mholtaí an Chónartha as do thodhchaí na tíre seo.

I would like to share my time with Senators Jackman and Hourigan.

An Leas-Chathaoirleach

Is that agreed? Agreed.

The Taoiseach in introducing Second Stage of these Bills delivered a 12-page speech to Seanad Éireann. One line only was devoted to the implications for international crime in the open-border situation which will be introduced on 1 January 1993 under the Single European Act. There is no arrangement under the Act to deal with implications for policing of an open border.

The Taoiseach said that the Treaty on European Union would "strengthen co-operation in the fight against drugs, fraud and international crime" but he did not elaborate on this. No thought or action has been devoted to implications for the spread of international crime, especially in the area of terrorism, the illicit arms trade, drug trafficking and free distribution of pornographic material.

There is no doubt about the commitment of the European Community towards the goal of open borders. The removal of these frontier checks within the Community will create a situation similar to that prevailing in the United States at present. The US police system consists of state forces plus an overall nonuniformed countrywide force, the Federal Bureau of Investigation. This system has given rise to dissatisfaction. At present there is no apparatus available to help the US mobilise, co-ordinate and focus its law enforcement efforts. Law enforcement at State and local levels need a collective voice at national level. A similar situation will exist in a united Europe with the added disadvantage that we have no similar system to the FBI with cross border powers.

Article K1 of the Maastricht Treaty contains aspirations towards judicial co-operation in criminal matters and combating drug addiction and deals with exchange of information. The Treaty fails to deal with the real problem of crime in a united Europe. It does not consider creation of a police force with authority to cross borders and arrest suspects for certain scheduled offences such as drug trafficking, arms selling and other scheduled offences.

In the light of the massive scale of international criminal activity, drug trading, terrorist activities and so on, it is important that the police forces of Europe integrate into a cohesive unit with adequate resources to carry out detailed research into problems and to formulate laws and strategies to combat them. In relation to the drugs problem, I welcome the proposal to be put to the Council of Ministers in June to establish a European drugs monitoring centre and a European information network on drugs and drug addiction. While this is welcome we will not have the benefit of its full deliberations before voting for the constitutional amendment on 18 June.

The proposals will, I hope, provide the Community and member states with information necessary for national and Community steps to be taken to reduce the demand for drugs and to co-ordinate national and community strategies and policies to promote national co-operation on the geopolitics of supply in order to curb trafficking and to hit the drugs economy. At present it is estimated that there is a hard core of between 1.5 million and 2 million drug addicts in the EC.

No work has been done on controlling the circulation of illegal arms and pornographic material. In an open border situation it is an essential ingredient in the fight against criminal activity to harmonise laws within EC countries. In the event of disparities in law continuing, criminals will centralise their operations in the country perceived to have the most lenient legislation regarding penalties, the seizure of assets and so on. Using that country as a base, criminals, drug dealers, illicit arms traders, suppliers of pornographic material and so on, will farm out their illegal activities to other countries. No measures have been taken by the European Community or by the Irish Government to ensure that no country, including ours, offers a refuge in this way.

It is also necessary that police powers and abilities be harmonised. A country perceived to have a police force deficient in manpower, training or equipment will attract criminals. The Community has taken no action to initiate plans to correct any imbalance between police forces of the EC.

The international banking situation has unwittingly facilitated the depositing of proceeds of criminal activity. International banking legislation and conventions of secrecy at present facilitate the safe disposal and concealment of vast profits made from criminal activity. While we must accept the confidentiality of legitimate financial transactions, methods of detecting funds from criminal activities within the legitimate banking system must be devised and firm proposals brought forward to make laundering of such moneys impossible. Policing implications of an open border have not been dealt with. The Taoiseach's one line reference highlights the lack of interest in these serious policing implications of a united Europe.

The Maastricht Treaty gives us a chance to increase our market share within the European Community and possibly to create extra jobs. Our economy, however, will be exposed to high powered marketing and a consequent increase in imports from Europe which will put pressure on our manufacturing industry. We must be ready to counteract this and ensure that we take advantage of the new opportunities within European markets. The Leader of Fine Gael, Deputy John Bruton, has pointed out that if we obtain .5 per cent more of the total European market we will eliminate unemployment. This is a challenge to be adopted and regarded as an opportunity.

It is unfortunate that the Government did not deal with the question of travel and information rights before the June referendum. The Solemn Declaration given by the Government binds them to introducing a constitutional amendment to deal with travel and information issues. The Government have given an international commitment. The wording of the proposed Protocol is already available as is the Fine Gael alternative. Surely the Government can publish a constitutional amendment Bill based on one or other of these texts. That would greatly reassure the public and allay many of the concerns in advance of the referendum on the Maastricht Treaty. It should not be postponed until November.

There are many reasons people are confused and apathetic about Maastricht. Individuals cannot see how Europe has been good to them on a personal basis because, to some extent, the idea of being European has changed considerably over the last few years. Why has that happened? It has happened because we did not do what we should have done initially with the European funds we received. They may have been allocated to sectoral areas and to the provision of infrastructure but ordinary citizens cannot feel, see or appreciate how that funding has benefited them. They ask what has Europe meant to them. I do not blame Europe for that but I blame Government and administrations for fostering a dependency culture evident in assumptions that somebody else will do the job for us or that we must expect assistance to come only from Governments or State agencies.

We have inherited this attitude. I thought when we cut the cord with Britain we would become somewhat more independent but a state dependency still prevails fostered by the Church, the education system and the political arena. People at local level, despite buzz words of subsidiarity and assurances that the grass roots would be listened to, did not see their plans and aspirations included in the famous plan that went to Brussels for European Structural Funding some years ago.

It is difficult to convince the vast numbers of unemployed that Europe has been good for them. I have tried at various talks — I have been invited to speak with anti-Treaty speakers — to influence people to vote "yes" but it is difficult to recommend Europe when they say that 72,000 jobs have been created since 1971 but what about the 300,000 now unemployed? They ask about the commitment to poverty programmes. In Limerick we have a special programme but communities fear that by pooling information with each other on how funds were acquired they will cut off their source. One encounters helplessness and hopelessness in the face of bureaucracy. Unless power is given back to the people, even with a "yes" vote people will not be enchanted with entry to European Union after 18 June if the treaty is ratified. They will not feel more European and idealistic and they will retain their present cynicism.

Irish people sometimes think that EC money does not have the same value as our own hard earned punt. That is not the case but we have not always used EC money effectively. Sectoral interests and people with financial backing, are seen to be able to get projects off the ground and receive grants but unemployed people in rural and urban Ireland feel hopeless. I am glad that within economic and monetary union we will have Eurowatchdogs on our purses. The debt-GDP ratio of 60 per cent idealistically put before us for 1996 would ensure that we do not encounter again the 1977 problem of accumulated debt from which we have not recovered.

It is reported that 22,000 students avail of third level education through regional technical colleges for which Europe has supplied the money, but this year we do not know if the money will be forthcoming. We are told that there will be means testing of six out of ten students from next September. European money is not the problem; the problem hinges on how we make access to third level education available to students in deprived and disadvantaged areas who have no other hope of third level education, who have come through second level education due to the scrimping and saving of their parents and whose grants are not guaranteed after September.

As regards the rights of women, we are told non-stop that Europe has been good to women. Europe has not been good to women. European legislation has been good for women but the implementation of that legislation in Irish law has been neglected. We do not have equal pay; women earn 60 per cent of male earnings. We are supposed to have equal opportunities but they are in the embryonic stage. Women do not enjoy equal access to higher positions in the Civil Service, to company positions of importance and power and to management. People say it is because women do not apply for those jobs but the attendant question of child care has been dealt with only by recommendation from Europe; there has been no directive. We have done nothing to give women financial opportunities to run creches properly or to register since the Child Care Bill has not been passed. Neither do we give women who wish to go into the work force adequate opportunity to do so. Women are not getting to the top because to do so they have to be superwomen. Many psychologists say they treat stressed women trying to do three jobs at once, spouse, mother and worker. From the EC viewpoint, Irish legislation has done nothing to improve the lot of Irish women.

People talk about the inevitability of a two speed Europe if we do not vote "yes" and if we have to renegotiate ourselves back in. Better off countries who resent having to fund the Cohesion Fund would be delighted if we opted out because it would save them many ECUs. I am not talking about a two speed but a two-tier Europe. Whether we like it or not, we are moving into a two-tier Ireland of haves and have nots. Statistics reveal that the employed are getting better off while the lot of the unemployed is not being improved.

Subsidiarity implies regionalisation. We have not yet received a commitment as to who will represent this country on the Committee of the Regions which is an advisory consultative committee. If local authorities and community groups could get on that committee they would help to generate interest at local level. I understand it may be a Taoiseach's selection. I ask that local authority members be consulted and given an opportunity to put forward their representatives, whether on a regional basis or in joint or triple relationship between the Local Authority General Council, the Local Authority Members' Association and the Association of Municipal Authorities of Ireland. Will we be represented through those bodies or through the new regional authorities when they are set up, or will there be a social partner agreement at regional level? We do not have adequate regions to be able to call on representation from there but we should strive for that or we may find that the nine members will not be representatives of local authorities or directly elected. It would suit the Government to install civil servants as the nine members because they would do what they were told and would not delegate power to the people.

We are often told that we must be treated as one region because of our population. I have never heard or been given the criteria by which a region is defined, and I would have thought that a region can be defined from a social perspective as well as from an economic one. Our mid-west region should have direct access to Brussels for funding. We know what we want and we certainly will not get it through the national plan because the plan went to Brussels before we could have an input. We spent time, money and effort drawing up the Shannon plan to no avail. No wonder local authority members and others are cynical. Irish people want to be involved but the structures that facilitate involvement are not there.

On the issue of abortion I agree that the Protocol is a national issue to be resolved by ourselves; it is not an EC policy area. However, I resent the insertion of the Protocol without full discussion of its implications. The Protocol was the work of a few men, such as the then Taoiseach, the then Minister for Foreign Affairs, and a few others who demanded to be heard. No woman was consulted about the Protocol and I resent its existence and the confusion it is causing. For whom is it causing a problem? Not the 49 per cent male population, but the 51 per cent female population. Even in this House we are relegated many times to second class citizenship.

When I speak to women's groups and try to guide them through the complexities of the Treaty I find that feelings of rejection, and discrimination are always expressed regardless of attitude towards Maastricht. Women resent the way they are being treated. It is not a question of trusting the Government to bring forward a date. Resentment arises from the necessity for such a procedure in the first place. This issue — which I hope will be answered for me on Committee Stage where I will raise it again — must be dealt with.

There is no confusion in my mind about travel and information. Counselling has never been illegal, unlike information since the 1983 amendment. Apparently there is no problem in relation to travel or counselling which is not illegal but there is a problem regarding information. Could we have a definition of information? I asked the Taoiseach for that and I wonder if he is playing for time. Is he waiting for a final judgment to come from Strasbourg which in the case of a positive ruling in relation to information will enable him to say that in line with the European judgment from the Court of Human Rights he realises that Irishwomen have the right to information? What is he going to do about it? The best thing he could do would be to drop the 1983 amendment. I cannot see how he is going to deal with the situation otherwise. It will be one of the most explosive issues to come before this electorate because of the ridiculous situation that has evolved since 1983. I ask that the amendment be dropped and that we be informed of the date and the form of wording the Taoiseach intends in relation to travel and information. Whether the Court of Human Rights decision from Strasbourg is negative or positive, the Taoiseach must act now to allay the fears of 51 per cent of the population with a commitment.

The Maastricht Treaty has been debated ad nauseam here for last few days and I want to touch briefly on its salient points. It is important that we identify the main issues here. They are economic and monetary union, increased Structural Funding for Ireland and other less well off member states, the new Cohesion Fund for less well off member states, extended policy areas for the Community, such as education, public health and the environment, a common foreign security policy, a new rights of European citizenship and new social policies.

This Treaty must be accepted by referendum scheduled by the Government for 18 June. The Treaty of Rome adapted in 1957 and the Single European Act, 1987, accepted by the Irish people in a referendum form the basis for the present EC operations. The EC is not free to operate in other areas including those I mentioned under present legislation and it is essential if we wish to move forward to a new vision of greater Europe that we pass this amendment.

Denmark and Ireland are the only countries faced with referenda on the important issues of Maastricht. Legislators in other countries have adopted it already but our constitutional situation demands a referendum. We will be better off financially under a number of headings if we vote "yes". The benefits of economic and monetary union to Ireland are substantial and evidently the European Monetary Union will be beneficial to small economies like ours, and to the small and medium sized businesses that form the backbone of Irish industry for which it will reduce the high transaction costs of working with exchange capital, etc. The Treaty will allow the Community to act in new capacities not possible at present. The European Community should develop unrestrictedly in any area in which benefit can accrue.

Irish people's approval for the Treaty must be secured by referendum before it can be ratified. There is no guarantee at present that a "yes" vote will be returned on 18 June. Fine Gael will work hard to ensure that the Treaty is passed by referendum on that date and I urge everyone in political life to do likewise.

The Government are already working towards that end and a few points might be noted. In the interest of the Maastricht Treaty being accepted the Government should make available broad headings for the referendum on abortion proposed for later this year. I do not expect that small print can be worked out by 18 June but I urge the Government to make clear their own position on the proposed abortion referendum. There has been frequent mention of the right to travel and to information on abortion but I fail to recall an occasion on which the Taoiseach or Government said that abortion per se will be one of the items addressed in the November referendum. The subject of the referendum should be clarified and the public informed. I make this point in an effort to ensure success for the Maastricht Referendum.

The benefits for Ireland in the event of a "yes" vote will be substantial. A "no" vote would be disastrous. Ireland has benefited considerably from membership of the EC and has received large sums of money that otherwise would not have been available. There is no point in deluding ourselves. A "no" on 18 June says "no" to Europe. We are easing ourselves partly out of Europe in the first instance and totally in the second instance.

Ireland has received more per head from the EC than any other member state in recent years. For every £1 that Ireland contributes to the Community budget it receives £6 in return, a fairly telling figure. In recent years we have been net beneficiaries of amounts in excess of £1,000 million. We have also the possibility — there is nothing certain about it — of receiving £6 billion to £7 billion over the next six to seven years provided we meet certain criteria.

Between 1989 and 1993 Ireland's allocation of EC Structural Funds amounts to £3,000 million. These have been and will be used to develop our roads systems, for the education and training of thousands, for training the disabled and for industrial, agricultural and environmental development.

Employment is also a key priority of the Maastricht Treaty. Economic and monetary union will mean a single currency called the ECU as the USA has the dollar. A single currency would help alleviate our serious unemployment position.

The benefits of economic and monetary union to Ireland are quite significant and European Monetary Union would be particularly beneficial to small businesses and small countries. The European Monetary Union would make Ireland more attractive for investment thereby increasing manufacturing output and improving employment prospects. Interest rates should fall benefiting everyone. Would Ireland be able to meet the criteria laid down? I say "yes". I am satisfied that the Government's policies at the present time aimed at reducing our national debt and level of unemployment will enable us to meet those targets.

There is no question that our neutrality will be interfered with as each state will decide its own position.

I will share my time with Senator Cassidy.

These are momentous times for this House and for Ireland. It is coincidental that my first contribution as an elected Member of Seanad Éireann was on the Single European Act in 1987 and now some five and a half years later we are debating the next stage of progress towards European integration. Ireland as a nation since earliest times has been oriented towards Europe. In the context of the current debate I wonder what the father of Irish republicanism, Wolfe Tone, would have thought of this debate and Treaty. Emmet in his famous speech from the dock asked that his epitaph not be written until Ireland had taken her place among the nations of the earth. While we might have a principled argument as to whether Ireland as a unitary state is something to aspire to, the concept of Ireland as a modern European state is a reality. Emmet's view of Ireland was as one of the nations of the earth rather than the introspective romantic view of Ireland prevalent in his time.

Parnell would have been a committed European; one has only to look at the short quotation on his monument in Parnell Square: "No person has the right to fix the boundaries to the march of a nation". Admittedly that was made in the context of Anglo-Irish discussions in the 1880s leading to what he hoped would be Home Rule and eventually independence but his philosophy was that Ireland had the right to govern its own affairs and to make decisions about its destiny.

Rory O'Donnell in his studies on European Union states that the basic package from Maastricht has four components; money, security, institutional reforms and possibly cohesion. He goes on to say that since each government has particular interests under one or more of these headings no government can avoid a trade-off between them. In that context I will develop my thoughts on the cohesion aspect of the Maastricht Treaty later on.

I support the NESC report of 1989 which says that if the objective of regional and social cohesion is to be established as a higher Community priority between now and the next Treaty — the Maastricht Treaty — it must be advocated by arguments of the highest quality in the widest possible forum; and the Irish Government and people must play a leading role in this debate. Rory O'Donnell states that in the three years since that report and subsequent to the Maastricht Treaty that NESC argument has even greater force. The adoption of the Single European Act and the Single Market programme leading to the design of an economic and monetary union has been achieved more rapidly than many thought possible. The speed of this development and the limits of the current Treaty revision confirms the importance of the political element and the link between economic and political integration.

I wish to address regional policy of the Community and specially the cohesion aspect of the European union treaty. Coming from the west of Ireland and proud of its heritage I will develop the theme initiated by my colleagues from west of the Shannon, and more recently by Senator Ó Cuív. During recent months there have been several initiatives by bishops and various other interested Community groups to highlight a perceived serious decline in economic activity and population in the west of Ireland. For people from other parts of the country this may seem like an old chestnut. The cliché "Save the West" reminds me of the draining of the Shannon in de Valera's day; it will be with us forever. This country is about to make commitment to further European integration and the Government have made the provision of Cohesion Funds aimed at eliminating the disparity in wealth between countries a high priority. It is vital that we as political representatives from the west of Ireland record our disatisfaction with the neglect of the west. This is not a begging bowl mentality or the béal bocht raising its head again. If Ireland aspires to equal status with other European states than the west of Ireland which has been neglected economically for so long says "Stop. We have had enough." If this Government are serious about correcting the imbalances at regional level they need look no further than to the ultimate periphery, namely, the west of Ireland.

We must continue to agitate so that the serious population decline over the last decade in the west of Ireland is halted. It must be reversed if we are not to throw away the rich cultural economic and social diversity the west contributes to the body politic of this country. These are not scare tactics, nor have these statistics been plucked out of the air to satisfy the political argument of the day. In Leitrim since 1851 there has been a continuous decline in population. One could now put the entire population of County Leitrim into a small part of Dublin and nobody would know it was there; it numbers about 25,000 people. As other speakers from the west have pointed out already, the decline in other counties in the west and midlands has been so significant as to precipitate a coming together of those remaining to debate, dissect and analyse their problems.

The central theme running through all the symposia taking place in recent months is that Connaught like other Irish regions must be given more control over its own destiny. Regionalism needs to be put on a statutory basis so that these communities can have direct and realistic access to the reins of power. I wish to reiterate here what has been stated on public platforms across the west of these symposia. It is time that the iron grip of the Department of Finance was lessened and power given to people at community level. This Government have not been any more negligent than any other in regard to decentralisation; on the contrary their overall philosophy favours regionalisation and most members of this administration come from predominantly rural areas. The key members of the Cabinet have grown up in a similar environment to my own and they would be as familiar as I am with the real problems we face. However there has to be a political will among politicians of all shades of opinon here that no longer must centralism rule the day. In the context of the move towards European economic and monetary union and political integration, it is obvious that the Community is thinking along similar lines. From the start, the Community recognised the existence of regional problems and had among its objectives harmonious development by reducing regional disparities. The Single European Act has strengthened the Community objective of reducing disparities between regions. In 1987 it was proposed that Structural Funds should be doubled by 1993.

Any of us who travel regularly throughout Ireland must acknowledge that the input of Structural Funds to this country's infrastructure has been quite significant in the last three to four years. There is a continuing momentum towards developing better access to the outlying areas. On the stretch of road on which I travel twice a week, from Dublin to Drumshanbo, the extension of the bypass through Kilcock, Maynooth and Leixlip, which I hope will be opened in the next two years, is to be welcomed, as indeed is the Mullingar bypass, the Longford bypass and the bypass to Jamestown, Drumsna and Dromod, which will mean that the journey time from Dublin to Sligo will be considerably reduced. Apart from the personal convenience that that will provide for people like me it is the economic value of that reduction that will show itself in the future. I have argued here before that there needs to be a reorientation in the next tranche of Structural Funds between 1993 and 1997, towards those areas of the country which have not been included in the first programme from 1987 to 1993. Senator Ó Cuív made the point that the map of Ireland shows that the main arteries tend to be concentrated in the more prosperous regions of the country.

Regional development plans and programmes rather than individual programmes were specified by the Commission as the main measures to be submitted to and funded by the Commission. It is with that background that I welcome the various Community initiatives that are taking place. The central theme running through the various symposia in the west was that there should be a regional structure set up with some mechanism whereby the various voluntary agencies operating in the west and the elected politicians would have control over their own regions. I would once again urge, as a stepping stone towards that, that the Government implement without delay that section of the Local Government Act, 1991, under which regional bodies would be set up. Different levels of Government should be involved in the preparation, financing, monitoring and assessment of development programmes. I am not suggesting that in loosening the grip of the Department, one throws the baby out with the bath water. That would be extreme. We should try to find the middle ground.

These Commission proposals proved controversial at Council of Ministers level when they were initiated. The controversy was mainly between those member states supporting the proposal — such as Ireland and the southern Mediterranean countries — and those who see a minor role for Community structural policy in reducing regional disparities in Europe, specifically Germany and France. I refute criticism that has been levelled from the other side of the House, particularly by Senator Costello and others in the Labour Party, that Ireland lagged behind Spain on the cohesion issue at the Intergovernmental Conference in 1991. The Irish Government described the Commission's proposal to sideline cohesion as "entirely unacceptable" as far back as early 1991. The Commission's proposal in this regard were turned down by the Government. Rory O'Donnell again confirmed that Ireland led the group of countries — Spain, Greece and Portugal — which were concerned about the regional pattern of economic activity and income. The Commission were on the side of Germany and the UK on this issue. It was the Irish, who put forward concrete proposals on cohesion during 1991, not the Spanish, the Greek or the Portuguese. It is important that that be stressed here in this House.

There are many other aspects of this Union Treaty that I do not have the time to go into in detail. Certainly, the future for Ireland is in Europe, in the context of the enlargement of the Community which will have up to 20 members by the year 2000 or certainly by the year 2010. A "No" vote at this point would marginalise us, would put us on the sidelines, and there would be a two-speed Europe. We would not be thrown out of Europe. Of course, we would be allowed to continue under the provisions of the Treaty of Rome, but we would be sidelined. I will give an example to those people who are looking for a "no" vote and who say "what harm will it do, we will not be thrown out, they must accept it". The Schengen Agreement was set up three to four years ago by the group of rich industrialised central countries following from the Single European Act, and in advance of the Maastricht Treaty, whereby they would operate all of the various aspects of the Union Treaty as it will now be operated if this is passed. It showed that there was a group of countries prepared to go ahead and they were the richest ones, the paymasters, and that there would be a two-speed Europe.

On the question of neutrality, Switzerland wants to join. There is an international joke that all they have been doing for the last 150 years in Switzerland is making cuckoo clocks, that they have not had any interest in what is going on in the world around them. Yet, they want to join the European Community. That is the most neutral country in the world, who turned down, by referendum, membership of the United Nations. They want to join the European Community. Austria, Finland and Sweden want to join. I ask those people who were talking about the so-called defence obligations in this Treaty, whom are we going to fight against? The cold war is over. We are in a new order in this world. The track record of the Irish at United Nations level would be a key contributor to the ongoing discussions on how we are going to reorganise Europe and the various internal defence obligations.

On the abortion issue, Europe has never imposed its moral views on Ireland. We Irish have introduced moral values to Europe since the dark ages. Why are we so afraid now of taking the next step into European integration when missionaries from this country spread the light of Christianity across Europe and indeed formed the basis for much of the moral views that were to create modern Europe. Maybe it is a throwback to the post-independence era of the 1920s when reactionary force took over from the idealism of Parnell and Redmond and of the 1916 to 1921 leaders. We should be more outward looking. We should be able, without fear or favour and full of confidence and maturity, to take our place in a modern future Europe. I strongly urge the people to vote "yes", so that they will be able to provide prosperity and economic benefits for future generations.

I could not agree more with Senator Mooney's comments with regard to the Structural Fund allocations, in his examples of the great improvements that have been made in the Athlone bypass, the Mullingar bypass and the Clonee bypass, the Kilcock bypass and so on. I am looking forward to the new allocations to be made in the coming years, when we can have the Sligo-Longford-Mullingar railways line upgraded to open up that part of the country, and to give us decentralisation in the town of Mullingar and Longford, so that up to 500 people can go to Dublin to work and go home each day and enjoy the quality of life in the countryside where they were born.

With regard to the economic aspects of the Treaty, particularly as they affect employment and the social provisions of the Treaty, the most encouraging feature of the Treaty is the recognition for the first time in community law that the promotion of employment should be the main social objective of the Community. This should lead to even more positive Community action to promote employment in the future. Employment considerations will now have to be taken fully into account in the formulation of Community policies in general. I am confident that a strong positive mandate from the people on 18 June will help the Government ensure that this new and specific commitment to employment promotion by the Community will be fully honoured. A rejection of the Treaty on 18 June is unthinkable given our great work and dedication as Europeans. We should not put ourselves into some second division thereby letting all our work go by the wayside.

Unemployment is our most serious problem. Everyone here and in the other House recognises this.

Since 1987 our economy has performed remarkably well in the face of a global recession. Thousands of emigrants are returning from all the English speaking countries due to that global recession. Our GNP growth averaged 4.5 per cent a year over the past two years, while in 1991 our trade surplus showed a year-on-year increase of £300 million as a result of Irish industry increasing its share of overseas markets. That was a remarkable achievement and those involved should be given the credit for it. It is clear that growth of this order is not enough to accommodate the numbers out of work and those entering the labour market for the first time. While we are maintaining job levels, the one issue we are going to have to face is the numbers of Irish emigrants who are returning with their families because of the quality of life here and the great recession in the other countries.

I would like to talk about many issues in relation to this, as a manufacturer of enormous experience and an exporter but time does not allow me. Training is the key to getting the long term unemployed and the disadvantaged a foothold in the labour market. They must be provided with training opportunities which will give them qualifications recognised on the domestic market and the European labour market. The EC Structural Funds provide massive support for training and employment programmes here. In the five years from the end of 1993 over £1 billion, or almost 40 per cent of the Structural Funds resources approved for Ireland will have been received from the European Social Fund. When allied to matching Exchequer finances, almost £2 billion will be spent on vocational training and educational programmes which are co-financed by the European Community. Equally, the increase in the annual level of European Social Fund transfers have been dramatic. In 1989, European Social Fund receipts totalled £139 million, while in 1991, £371 million was transferred to Ireland from the European Social Fund. The substantial increase in assistance from the fund will result from the Delors II package and will help the effectiveness of the programme they support.

Acting Chairman (Mr. Farrell)

I must call on the Minister.

On 18 June, Irish people will have one of the most serious decisions to make that will concern future generations. A "yes" vote for the Treaty on European Union offers a significant opportunity to all of us to increase employment, reduce emigration and stimulate an increase in our living standards.

Over the past two days the Seanad has considered legislation which will, if accepted by the people, permit Ireland to take part in the next major step to European Union. The Treaty signed in Maastricht in February marks a new phase in the development of European Union. Since we first applied for membership of the Community in 1961, Ireland has played a full and constructive part in the process of European Union. The new Treaty which we negotiated and helped draft will enable us to continue that important contribution. We will be members of a European Union which is a force for peace and prosperity in Europe.

The European Union is a shared enterprise and experience, most immediately with our partners in the Twelve and also with those countries such as Austria and Sweden, which aspire to membership of the Community. The countries of Eastern and Central Europe have declared their support for the enterprise. Last week the Heads of State and Government of Poland, Czechoslovakia and Hungary welcomed the new Treaty. All of these countries will be beneficiaries of this further step towards integration which we in Ireland are now being asked to ratify.

The significance of this step has been widely appreciated here in the Seanad. For the past two days, we have had a measured and constructive debate on the implications of the new Treaty for Ireland, for our place in Europe, and in the world. Senators have shown a keen appreciation of the issue at stake for us in this challenging enterprise of European Union, in the economic, social and political spheres. I appreciate the supportive contributions which have been made here in the past two days. There were differences of opinion on some aspects of the Treaty but, by and large, it was a very useful and constructive debate. It would be useful to edit it and make it into a documentary which would be very useful in explaining the issues to the people. Some Senators suggested that people are confused but if they had an opportunity to see a half hour edited version of the debate, it would put many minds at ease about the implications, the opportunities and challenges the new Europe will have for us.

It is worth recalling the extent to which Europe has become part of our lives over the past 20 years. Our agriculture is now fully integrated into the Green Europe. Irish industry is part of the greater European industry and dependent on the European market.

In foreign policy, we seek to influence the views of our partners and to enhance our role in influencing developments on the international scene. This has not prevented us from maintaining our distinctive approach in, for example, the area of peacekeeping.

On a domestic level, it is worth considering the very considerable impact which the Community has had. Community funding has helped to improve our road network. The European Social Fund plays a vital role in funding third level education in the regional colleges. Standards of safety and protection in the workplace have improved thanks to Community action. The Community's environment policy has developed dramatically since 1973 and it has played an important role in raising environmental awareness across Europe and here.

The Community has played a very significant part in regard to womens' rights. The rights to equality and equal pay have been underpinned by Community legislation and, indeed, Irish citizens have availed of Community machinery to ensure that their rights are maintained and protected.

These important benefits will be reinforced and extended into new areas. For instance, the capacity of the Community to act in regard to the environment has been greatly enhanced, as has been its capacity in the area of consumer affairs. Health and education are now covered by special chapters. In these areas Ireland made proposals which are reflected in the final text.

Development co-operation is an area of some considerable importance from the point of view of my ministerial responsibilities. I welcome the introduction into the Treaty of a chapter on the subject. The new chapter reflects the fact that the Community is the most significant donor in the world supplying 43 per cent of total development aid.

The Treaty contains the principles which will inform the Community's development co-operation policy in the years ahead. The Community's policies in the area will contribute to the development of democracy, the rule of law and respect for human rights and fundamental freedoms.

Senators McDonald and Doyle raised the questions of regional development and the role of the Committee of the Regions which the new Treaty will establish. The committee will play an important consultative role after it is established. It will be asked for its opinions and proposals in the areas of education, culture, public health, trans-European networks and economic and social cohesion. The committee will have 189 members of whom nine will be from Ireland.

Senator Doyle asked how the representation would be decided. The structure of the committee is at present being examined in Brussels. The Government are considering how best to organise Ireland's participation in the committee and they will ensure that Ireland's members will be in a position to represent the views of Ireland's regions efficiently and effectively. The final decisions in this regard have neither been decided in Brussels nor here. It is the intention to involve the Department in the preparation of submissions in this area for Government decision, after this Bill is passed and we know from Brussels what the format will be.

On the wider question of cohesion, the Treaty contains improved provisions based to a large extent on proposals which Ireland has made. In future, cohesion will be taken into account in formulating Community policies and is included among the tasks of the Community. There will be regular reviews of progress towards the achievement of cohesion and there is a special Protocol on Cohesion which provides for greater flexibility in the range of activities covered by the funds, and an increased Community contribution to the cost of individual projects. That is a major improvement, as was pointed out by Senator Lanigan. The Treaty establishes the Cohesion Fund.

The Commission has proposed a doubling of assistance to the four less prosperous countries to support the enhanced activities of the Structural Funds and the Cohesion Fund. Tough negotiations lie ahead in order to get these proposals accepted by the Council. However, I am confident that Ireland has a strong case and I expect that the good use we have made of Structural and other funds will reinforce this case in our negotiations. It has been widely recognised by the Community that in the application of funds, Ireland has been to the forefront in putting forward sound, well thought out, worthwhile schemes and proposals which have received Community support.

Senator McDonald and others mentioned the European Parliament. As the Taoiseach pointed out when he opened the debate here, the Parliament has accepted the new Treaty and urged national parliaments to do likewise. The role of the Parliament has been considerably enhanced by the new Treaty. It now has a right to block legislation; No doubt, it will use that power skilfully and wisely to ensure that it makes the maximum impact on the legislative process. Incidentally, the Government are committed to maintaining the same level of Irish representation in the Parliament in the context of a review of the numbers. This was a point raised by Senator Dardis. We should not forget the important role of the national parliaments.

Last week in this House the establishment of a Foreign Affairs Committee was discussed and the Government's decision to establish a committee was welcomed. The establishment of the committee will ensure a wider and deeper consideration of these important issues. Indeed, the committee will have an important role in ensuring that the Oireachtas has a full knowledge of important foreign and European policy issues.

This will be even more necessary because of the provisions in the declarations attached to the Treaty regarding the involvement of the national parliaments in the work of the new Union. In particular, there is a provision for regular joint meetings with the European Parliament. It will be important that the representatives of the Oireachtas participating in these meeting will be fully informed on the major issues which will be discussed. This is a new development which will be welcome here, and which will ensure an opportunity for closer dialogue between this Parliament and the European Parliament.

Senator Raftery did not feel that our MEPs get sufficient briefing from Government Departments. He should be aware that MEPs are free to contact Government Departments, and the Permanent Representation in Brussels for briefing on any subject being considered in the Parliament at any stage of the parliamentary process. This was the procedure during his term as an MEP and it has not changed. I repeat — Members of the European Parliament are free to get in touch with the permanent representatives in Brussels or with the Government Departments here, and be satisfied that they will get full co-operation in any matters that are being discussed in the Parliament.

Senator Ryan made some trenchant arguments on the economic difficulties which Ireland faces as a member of the European Union. He has claimed that the Treaty provisions on European Monetary Union commit Ireland to a decade of deflation. This ignores the fact that in European Monetary Union we would be following a course which is largely the same as the one we have been pursuing to date.

Senator McKenna dealt with European Monetary Union in great detail in a very considered contribution. I listened carefully to what he said and I checked with my advisers and we were satisfied that his statements were accurate and reflect our views. He dealt with that issue in great detail and I will not go into it, other than to say that the four most readily quantifiable conditions which seem to give rise to the greatest fear of deflation which must be met if a member state is to participate in the final stages of European Monetary Union are already being met by Ireland: first, as far as performance in combating inflation is concerned, Ireland, is among the best in the Community; second, we meet the criteria on interest rates; third, we comfortably meet the provisions regarding a two year observance of the 2.25 per cent band of the exchange rate mechanism; and fourth, the avoidance of excessive budget deficits is less susceptible to immediate judgment as to whether it is being satisfied. A member state will not have to have a debt GDP ratio of 60 per cent before it can qualify for the final stages of European Monetary Union. What is of relevance is the trend in that ratio and the speed with which it is coming down.

Senator Honan dealt with a number of very important issues including regional development and Shannon Airport. She asked specific questions. I assure the Senators that the Government Council of the European Central Bank will bring attention to the views of the member states. The Governing Council are appointed by the democratically elected Heads of State and Government. The President of the Council of Ministers will take part in the deliberations of the Governing Council. The Central Bank will have to report to the European Parliament and members of its governing body can be called on to appear before the Parliament. If Senator Honan seeks further clarification, we can deal with it during the other Stages.

The consequences of non-ratification have been considered at length in the course of the debate and the case for ratification has been ably presented by speakers, such as Senator Upton who made a very careful and balanced analysis of the situation yesterday afternoon.

I would refer briefly to Protocol 17. It was not possible to negotiate the removal of the Protocol. While our partners accepted the substance of our concerns, they could not agree to the convening of an Inter-Governmental Conference which would have been necessary to amend the Protocol. Amendment requires the same procedure, whether it involves introducing additional language into the text or the deletion of the whole text of the Protocol. We were able to negotiate a Solemn Declaration which covers our concerns. It will enable us to concentrate on finding a domestic solution to the issues raised by the "X" case. If we then wish to amend the Protocol our partners are ready to consider this favourably.

The Government's aim is to separate the right to life issue from the key issues contained in the new Treaty. The Solemn Declaration provides a clear indication of what can be done in future after we resolve the issues involved in the Supreme Court case.

I welcome the endorsement which Senators from all sides have given to the provisions of Title V on the Common Foreign and Security Policy. On the one hand, the provisions of Title V represent an important further development of existing EPC arrangements. On the other hand, there are safeguards for the individual member states as regards decision making procedures, the limitations which apply in the field of security and defence, and the intergovernmental character of the future Common Foreign and Security Policy.

Senator Ryan has commented on the question of a future common defence policy for the European Union. It is a subject which is addressed in detail in the White Paper and I will make only a few fundamental points in response to Senator Ryan. The Treaty does not establish alliance type commitments or empower the European Union to act in the defence area. That is why there are Treaty provisions on the possible referral of issues having defence implications to the Western European Union, which remains a separate organisation. The Treaty provides for a further Inter-governmental Conference in 1996 at which this situation will be reviewed. The outcome of that conference would have to be agreed unanimously and any Treaty change ratified by the member states. In our case this would involve another constitutional referendum.

Who says?

There is no commitment to another referendum.

It has been pointed out in any troubled situation, from Yugoslavia to Central America, the Community has attempted to bring concerned outside involvement to bear, in order to try and find solutions to the bitter conflicts and divisions that affect many of these countries and their peoples. It has also been pointed out that, for whatever reason — the end of the Cold War, the impact of modern communications, our consciousness of environmental issues which affects the entire human family — it is becoming essential to adopt a world perspective on many of these issues. More and more issues, from the arms trade to human rights and the environment, are being addressed through the United Nations and other international organisations, including the CSCE in Europe. In this situation the European Community has the potential to be a powerful factor to influence, and for good. The Community has the economic and other capacities to make a difference, as well as having a track record in fostering common interests, giving expression to shared values and viewpoints and overcoming historic differences.

Ireland's place is in making our own contribution, based on the values which we have traditionally upheld in international affairs, to a creative and outward-looking European Union.

Acting Chairman

In accordance with the Order of Business I must now put the question: "That the Bill be now read a Second Time."

Senators

Votáil.

An Leas-Chathaoirleach

Will Senators who are claiming a division please rise?

Five or more Senators stood.

An Leas-Chathaoirleach

The division will proceed.

The Seanad divided: Tá, 41 41; Níl, 4.

  • Bennett, Olga.
  • Bohan, Eddie.
  • Byrne, Hugh.
  • Byrne, Sean.
  • Cassidy, Donie.
  • Conroy, Richard.
  • Cosgrave, Liam.
  • Costello, Joe.
  • Dardis, John.
  • Doyle, Avril.
  • Farrell, Willie.
  • Finneran, Michael.
  • Fitzgerald, Tom.
  • Foley, Denis.
  • Harte, John.
  • Haughey, Seán F.
  • Honan, Tras.
  • Hourigan, Richard V.
  • Hussey, Thomas.
  • Jackman, Mary.
  • Keogh, Helen.
  • Kiely, Dan.
  • Kiely, Rory.
  • Lanigan, Michael.
  • Lydon, Don.
  • McDonald, Charlie.
  • McKenna, Tony.
  • Mooney, Paschal.
  • Mullooly, Brian.
  • Neville, Daniel.
  • O'Brien, Francis.
  • Ó Cuív, Éamon.
  • Ó Foighil, Pól.
  • O'Keeffe, Batt.
  • O'Reilly, Joe.
  • Ross, Shane P.N.
  • Ryan, Eoin David.
  • Ryan, John.
  • Staunton, Myles.
  • Upton, Pat.
  • Wright, G.V.

Níl

  • Hanafin, Des.
  • Murphy, John A.
  • Norris, David.
  • Ryan, Brendan.
Tellers: Tá, Senators E. Ryan and Fitzgerald; Níl, Senators B. Ryan and Norris.
Question declared carried.
Fáisnéiseadh go rabhtas tar éis glacadh leis an gceist.
Barr
Roinn