This Bill is very short and primarily technical in nature. Similar Bills have been necessary following each previous Treaty since our accession to the European communities in 1973. The Bill gives effect in domestic law to those provisions of the Treaty of Amsterdam which affect the EC Treaties and the European Court of Justice. It is necessary to bring this Bill forward at this stage because these provisions must be made part of the domestic law of the State prior to the ratification of the Amsterdam Treaty.
The Bill contains just two sections and amends the European Communities Act, 1972, as previously amended. Section 1 is the principal operative part of the Bill. It adds the relevant amending provisions of the Treaty of Amsterdam to the list of Treaties and other instruments contained in the definition of the "treaties governing the European Communities" in section 1(1) of the European Communities Act, 1972, as amended. These are Articles 1.13, Articles 2 to 12, and annexed Protocols. For the convenience of readers of the Bill, in a table to the section, there is set out the complete list of the "treaties governing the European Communities" contained in section 1(1) of the 1972 Act, as amended, with the amendment now proposed in respect of the Amsterdam Treaty.
Section 2 contains normal provisions concerning the short title, collective citation, construction and commencement of an Act of the Oireachtas. That is a normal piece of wording required in the introduction to a piece of legislation of this nature.
I now propose to outline briefly the contents of those Articles of the Amsterdam Treaty which will be given the force of law in the State by the Bill. They fall into three broad categories: substantive amendments to the European Communities Treaties, simplification and renumbering of the Treaties and the role of the European Court of Justice.
Articles 2 to 4, together with annexed Protocols, represent the main body of the substantive amendments to the EC Treaties provided for in the Treaty of Amsterdam. Articles 2 to 4 deal with amendments to the European Community Treaty, the European Coal and Steel Community Treaty and the Euratom Treaty respectively. I do not propose to go through the provisions contained in the above articles in detail today as the Seanad has already debated the Treaty. The contents of the Treaty were also examined and debated in the course of the referendum campaign in which the Government sought approval of the constitutional amendment which will permit the State to ratify. However, as Senators will be aware, articles 2 to 4 include a very wide range of provisions which improve the capacity of the Union for action, including: closer co-operation among member states, non-discrimination, free movement of persons, employment, consumer protection, environmental protection, institutional reform and the right of access to Community documents. Taken together they represent a modest but important contribution towards European integration and greater effectiveness and efficiency within the Union. The changes also help the Union to prepare for enlargement and bring it closer to the citizen.
Article 5 of the Amsterdam Treaty deals with certain changes made in relation to the election of representatives to the European Parliament. In this context, and as additionally outlined in article 2, the new Treaty will impose an upper limit of 700 on the membership of the Parliament, which is now 626. It will also strengthen the role of the Parliament through a considerable extension of what is known as the "co-decision procedure". The co-decision procedure makes the Parliament in effect a co-legislator with the Council in the adoption of Community legislation.
Articles 6 to 11 deal with the simplification of the Treaties establishing the European communities and certain related acts. The simplification of the Treaties was necessary to prune them of long obsolete provisions relating to the setting up of the Communities, the establishement of the Common Market, etc. The complicated numbering system in the EC Treaty and the EU Treaty has also been rationalised and simplified by article 12 of the Amsterdam Treaty. The end result of this is that the Treaties on which the Union is based will be shorter and more readable when the Amsterdam Treaty comes into effect.
As I have already mentioned, the Amsterdam Treaty contains provisions on the European Court of Justice. These are contained in article 1.13 which establishes the scope of application of the powers of the European Court of Justice. The Court of Justice has always had jurisdiction under the First Pillar. However, when the Second and Third Pillars were set up by the Maastricht Treaty the Court of Justice was not given jurisdiction over them, with one small exception for certain conventions concluded under the auspices of the Third Pillar. However, under the Amsterdam Treaty, the Third Pillar has become more like the First Pillar and in particular the Court of Justice now has general jurisdiction over "Police and Judicial co-operation in criminal matters". This of course replaces the Justice and Home Affairs designation in the Maastricht Treaty. Thus, because it is important that Ireland be in a position to comply with the judgments of the Court of Justice on Third Pillar matters in the same way as it complies with its judgments in the First Pillar, it is necessary to give the force of law in the State to article 1.13 of the Amsterdam Treaty. I would like to assure Senators that this measure will ensure that police and judicial co-operation is carried out not only with increased efficiency but also with increased protection for human rights.
The amendments to the European Communities Act do not include matters relating to the common foreign and security policy provisions of the Treaty as these provisions, which are essentially intergovernmental in nature, do not require to be made part of domestic law. This was also the case with the Maastricht Treaty. Subject to one exception in relation to the European Court of Justice, police and judicial co-operation in criminal matters are also not included in the amendments to the Act. This is because police and judicial co-operation, or the Third Pillar as it is commonly known, is contained in Article 1 of the Treaty of Amsterdam but is dealt with outside of the framework of the EC Treaties. Police and judicial co-operation in criminal matters under the Amsterdam Treaty will build on the co-operation which has already taken place under the Maastricht Treaty, but the role of the Commission, European Parliament and the Court of Justice have been strengthened.
The changes provided for in the Amsterdam Treaty will increase both the effectiveness and the democratic nature of the Third Pillar. As a result they will make the Third Pillar more like the First Pillar or European Communities. However, in keeping with its approach throughout the period since signature of the Treaty the Government has been careful to seek no more authority in this legislation than is strictly necessary for the purpose of giving effect in domestic law to the relevant provisions of the Treaty of Amsterdam. Thus, no authority is sought to make statutory instruments for issues relating to the Third Pillar which may arise in the future. These would be matters of sufficient weight as to merit primary legislation and, thus, full scrutiny by the Houses of the Oireachtas. It has not been necessary to make the main provisions of the Amsterdam Treaty relating to police and judicial co-operation part of the law of the State.
The remaining provisions of the Amsterdam Treaty deal with amendments to the common provisions of the Treaty on European Union and also matters of international treaty law in that Treaty and the Amsterdam Treaty. Due to their nature these provisions do not need to be made part of domestic law. In short, the terms of section 1 of the Bill have been carefully drafted to ensure that the provisions of the Amsterdam Treaty which it is necessary to make part of our domestic law prior to ratification are made part of Irish law, but the Government has not sought to go any further than is necessary in order to achieve this aim.
Senators will be aware that the amendment to the Constitution approved recently by the people provides that the options and discretions provided for in the Treaty of Amsterdam would be exercised by the Government only with the approval of both Houses of the Oireachtas. These would include the provisions for closer co-operation among member states and free movement of persons within the EU to which I have already referred. The Government has been keen to ensure that all significant steps to be taken by it under the terms of the Treaty of Amsterdam will be subject to full parliamentary scrutiny.
Following the endorsement on 22 May by the people of the necessary changes to the Constitution, the President signed the constitutional amendment Bill into law on 3 June, thus paving the way for Ireland to ratify the Treaty of Amsterdam. This will take place as soon as possible after the consideration and passing of this legislation through the Houses of the Oireachtas and the terms of the Treaty are approved by Dáil Éireann.
To date, two member states — Germany and Sweden — have ratified the Treaty. Senators will be aware of the positive outcome of the referendum in Denmark; I understand that Denmark intends to deposit the instrument of ratification of the Treaty in Rome tomorrow. A further five member states are expected to ratify before the end of July. I understand that Portugal may hold a consultative referendum on developments in the EU later in the year, which will probably not be specific to the Treaty of Amsterdam. The target date for completion of national ratification procedures remains 1 January 1999, although the possibility of some slippage cannot be excluded.
In accepting the proposed amendments to the Constitution required to ratify the Treaty of Amsterdam the Irish electorate, for the third time since accession, showed its continued support for keeping Ireland at the forefront of European integration. Some have claimed that the Treaty was a difficult document to understand and left many voters confused or doubtful about its significance, resulting in a lower level of support than on previous occasions. I would acknowledge frankly that the Treaty lacked a central issue which could engage popular attention. The Treaty of Amsterdam is an amending Treaty, not a stand-alone text, and read in isolation it is without question a difficult document to comprehend.
However, I do not accept there exists or that the outcome of the referendum implies any diminution of support among Irish electors for our membership of and full participation in the European Union. There is not a facet of Irish society which has not been affected in some way by our membership of this unique project of pooling sovereignty and the results have been overwhelmingly positive for our people. The majority of the people remain convinced, with good reason, that European integration is the way forward and Eurobarometer polling bears this out.
Given its complexity, the Government decided to publish a White Paper on the Treaty of Amsterdam and set about producing a document which would be comprehensive but also accessible to non-experts. It is not just the Government which believes that this aim was achieved. Many commentators at home and abroad have complimented the White Paper for its lucidity and thorough treatment of the issues. The Government also established a Referendum Commission. Its role was to prepare and disseminate information on the Treaty and to promote public debate. Research carried out by the commission bears out my belief that the information campaign organised by the commission was successful in raising awareness of the Treaty. The Taoiseach has stated that the Government will review in due course the manner in which information is provided for referenda. This issue is also being examined by the all-party committee on the Constitution.
It is the task of all Members of the Oireachtas who support our membership of the EU, the efforts of member states to achieve further integration and who want to see Ireland continue at the forefront of these developments to examine seriously how we can bring Europe closer to the citizen. The EU is there for its citizens and it serves no higher purpose. The Government will continue to play its part but the subject is too large to be left to Government alone. All political parties, the media and the social partners have a responsibility to ensure that European issues are aired not only prior to constitutional referenda.
In accepting the Treaty of Amsterdam on 22 May by a substantial majority, the Irish people did a service to the further integration of Europe and to Ireland's place in Europe. No one in this House or in Dáil Éireann should, however, be under the illusion that support for the European project can be taken for granted. Information on the issues is one matter and the Government will examine this in due course, but political engagement and relevance is quite another. We cannot assume that because of our spectacularly good performance within the Single Market, EU affairs somehow do not need political impulse within our own society. European issues are as diverse as any other field of international relations and real debate, based upon real prospects and options, is the oxygen which an informed public opinion requires. For these reasons, I look forward to the continued vigorous interest of Members of this House in developments in Europe. I commend the Bill to the House.