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Seanad Éireann díospóireacht -
Wednesday, 14 Mar 2012

Vol. 214 No. 5

Treaty on Stability, Coordination and Governance in the Economic and Monetary Union: Statements

It is good to be here speaking about the important legislation that will be brought before the House shortly. It is also welcome that a referendum will be held on the issue. I was always of the opinion that, regardless of whether the legal advice was such a referendum was required, politically it was the right approach to adopt. The people should have the opportunity to speak on these matters and on this occasion they will have the opportunity to decide on the matter.

I welcome the Taoiseach's view that there will be only one question put to the people because in the opinion of some, if the wrong answer is given to the right question, there will be another go at it, as happened in the case of the Nice and Lisbon treaties. It is important, therefore, that the correct information is disseminated to the public to ensure they understand the consequences of passing and not passing the treaty. This is not something we have done particularly well in Irish politics and I have no doubt issues such as septic tanks and the household charge, among others, will enter the debate. What we have not done well in Irish politics is accept the consequences of a decision. In this instance, the consequences of not ratifying the treaty will be significant.

The treaty will not impose additional measures; in fact, there will be fewer. There will be less scrutiny than what we are facing in the programme agreed to with our funding partners, the ECB, the European Commission and the IMF. There will be fewer measures to which we will have to adhere when we exit that programme, if the referendum is passed. The figure of 3% dates back to the origins of the Stability and Growth Pact of 1996 and the Maastricht treaty when some countries insisted on a treaty not becoming law by a vote of Parliament. In due course we will see if the people agree with the treaty.

Without wishing to be rude or interrupt the Senator, we have some distinguished guests in the Visitors Gallery — Congresswoman Pelosi, the grand-daughter of a great friend of Ireland, Tip O'Neill, and other Members of Congress. Nancy Pelosi spoke brilliantly last night in Trinity College. I am sure the Senator will not mind, but their presence in the Seanad is greatly appreciated.

I thank the Senator. The visitors are welcome to the House.

It is my pleasure to be associated with the welcome extended to them.

It is unorthodox, but in the circumstances I allowed some latitude to Senator Norris to welcome our guests.

I wish to be associated with the Senator's words of welcome to our good friends from the United States. I think it was Tip O'Neill who coined the famous phrase that "all politics is local". Certainly, our version is more local than most. I have heard people talking about the austerity programme and the 3% budget deficit limit. We must examine a couple of the issues surrounding the 3% figure. It was something we agreed to back in 1996.

I want to touch on the potentially severe consequences of not ratifying the treaty. The main issue is that Ireland will not have access to the European Stability Mechanism that will be the permanent bailout option for a country or nation locked out of the international bond markets. We must examine the consequences of that happening. Given that Ireland is locked out of the bond markets, it would then have only one source of income, the IMF. If the IMF is our only source of funding, I am very concerned about whether it will be prepared to fund the nation's programmes such as social welfare, at their current level and fund salaries for public sector employees. Will it make funds available to us to repay bonds on which we are obliged to make payments and which fall due in the period? The current programme of €67 billion being funded by the troika includes €14 billion to pay back any bonds that fall due. We could be faced with the prospect of not being able to pay current rates of social welfare payments, the salaries we pay to our civil and public servants, and not being able to fund the State and pay bonds. That is a real danger for us as a nation.

Let us not pretend that the solution will be all nicey-nicey and fuzzy-wuzzy and sure we will find it somewhere. We will not be finding it somewhere. The shortfall has the potential to cause the nation to default. If we do, all bonds will become due, not just the ones due on the particular date. The people need to be informed that the scenario I have outlined could be a consequence of voting "No". I do not want people to say that they did not know that. It is crucial that those of us involved in the body politic put out the correct information to allow people to make an informed decision. For too long people have chosen to ignore the consequences.

The primary result of doing this has been a political one whereby elections have been bought. I am not trying to be political because, as the Leas-Chathaoirleach and Leader will know, when I make a statement it will be based on what I believe to be the facts. It happened in the 1970s with the reduction and erosion of the tax base, the consequence of which a few years down the line was that the IMF almost came here in the early 1980s. It also happened in the middle part of the first decade of the 21st century, the period when the real damage was done. It was the Bertie Ahern era and when Brian Cowen, the future Taoiseach, became the Minister for Finance. That was the time to have reined in the spending, which would have reduced the damage that occurred in November 2010.

I want to explain the situation in the easiest way possible for people to grasp and understand. We must ensure that the next time a Bertie Ahern-type figure appears, rather than allowing him or her do as they choose and ignoring the Legislature, we ensure he or she is never let loose on the body politic again. My one criticism is that the Opposition at the time, which would include the opposition in the parliamentary parties of the Government parties, should have been stronger.

I am going to the United States on Saturday where I will meet three companies that invited me over. I hope to get them to invest in Ireland, specifically, for my own political interests, in Wexford. The chief financial officers from the three companies each asked me what the consequences would be if Ireland voted "No" to the fiscal treaty. I honestly replied that I did not know, and the truth is a lot of people do not know, including those who urge us to vote "No" and make comments along the lines of putting it up to them. I am not prepared to put that to the people. A successful outcome to the treaty is required in order that we never end up, in the short or long term, in the position I outlined. The political consequences would be dire and effectively would cause the nation to default, thus leading to the closure of hospitals and a massive reduction in public sector pay and social welfare benefits. The nation is not ready or prepared for that. I will vote for this treaty and advance the process we started a little over two years ago.

I welcome the fact we are debating this issue. It is very important that the true message goes out about the nature of this. While I understand Senator Michael D'Arcy's comments on consequences, I do not think the purpose of the public debate on this should be about what will happen if people do not vote for the treaty. I put it to colleagues that the negotiations that led us to our current position could have been better. While I agree that if we do not vote for the treaty, we will not have access to the ESM, which is a problem because we cannot access the private markets, it is a dangerous and precarious position in which to be left whereby there is no fallback mechanism at all should the people decide not to pass this referendum.

The treaty is a beefed-up version of the Stability and Growth Pact first agreed in 1996. Senator Crown has asked, rightly, on a number of occasions, including asking of the Minister of State, Deputy Creighton, whether having certain provisions in the treaty in place prior to the financial crash would have made a difference. From reading the text, I believe they would have. I draw the attention of colleagues to the scorecard, which is very important because it has a warning mechanism for all states. It is interesting that if one looks at the scorecard in terms of macroeconomic imbalances, which covers ten areas, including public debt, unemployment and private debt, there is not one eurozone country that is not showing up red in one of those areas. It shows that this is a European and global financial crisis, but particularly a European banking crisis. When we had the Stability and Growth Pact, other larger states, such as Germany and France, decided to suit themselves and set it aside.

We know why we are in our current situation. It is the result of an over-reliance on one-off taxes, especially property related taxes during the housing bubble, which were used to increase current expenditure. While that is a fact, it is also a fact that no alternative was suggested at the time because everyone was on the same bandwagon. The fundamental part of the treaty is to allow for proper oversight and implementation of rules and the imposition of sanctions on countries where it is clearly flagged that there is a problem in areas like private debt, current account deficits and export market share. It will give not just the eurozone countries but also the 25 out of the 27 member states that wish to sign up to the treaty the clear assurance of proper oversight and the ability to see if a problem is coming down the track.

We in this country have a big job to do to get back to the requirements specified in the treaty whereby every state runs a current budget surplus. We are years away from that, but we are going in the right direction, even though it has been incredibly difficult for the citizens of this country. I would say to them that there is nothing in the treaty that will lead to the diminution of our sovereignty. If we are honest about where the EU has gone wrong, it is particularly with regard to the euro area in that we have a common currency but we do not have a common finance policy. I am not talking about tax but about co-ordination. The eurozone has had no co-ordination in real terms and this treaty will go some way towards bringing about that co-ordination. It does not go far enough, however, because it does not address the issue of the role of the ECB, which is the elephant in the room. I heard someone refer to the treaty and to the second Greek bailout as the most expensive pieces of Polyfilla they had ever seen. I can understand why that is being said given this treaty will not do everything that needs to be done. Nonetheless, it is a step in the right direction.

I disagree with anyone who says it is a diminution of our sovereignty in any way, shape or form. We are either in the European Union or we are not. Even in the current difficult climate, the economy is streets ahead of what it was when we joined the EEC, as it then was. If we look back just ten to 15 years, we have since doubled the number of people working in the economy. Ireland is not a basket case and has a diverse economy, which is due to ourselves, as a people, but also, to be fair, due to our interaction with and being a real member of the EU. Other parties will argue, as they are entitled to do, that the EU has not been good for us but I suggest that, not just for financial reasons but also for social reasons, this country is a different place, rightly so. Minorities are respected and people now have an outward view looking into Europe, and we are not just an island on the periphery of Europe. This treaty will go some way towards copper-fastening our role within Europe.

I would like to believe this is not the end of the road. The Government has to call the referendum and I assume it will be some time in late May. I would caution the Government on two issues. From being a member of a party that lost the first Lisbon treaty referendum, I suggest we should not in any way take the people for granted. Let us not assume that because the polls are as they are, this treaty will pass. We need a proper information campaign as to what it is about. The Referendum Commission, particularly in the referenda in the middle of last year, did not fulfil its role. While I accept it was a difficult role, we need to assist the Referendum Commission. Parties which support this treaty need to actively campaign for it. It is, of course, the right of parties who are against it to campaign against it.

I see nothing problematic in this treaty. I want stricter financial controls and a stronger, more cohesive European Union. We need more financial governance, not just because of where Ireland is at present, because we are doing quite well on many of the indicators while there are other countries that must address major issues. For example, Germany has major issues to address with regard to its banking debt, which has not yet been dealt with. This treaty will give us the warning system to tell us when we are going wrong and how to quickly correct the situation, which is positive.

Unlike the Stability and Growth Pact, this treaty will afford teeth to the European Court of Justice and the EU itself to bring about sanctions on member states, which is only right. We have nothing to fear from that. We are in a corrective mode at present, which is incredibly difficult for our citizens. However, without passing this treaty, we will be in a second tier Europe and we will have serious funding issues into the future. I would lay that at the door of the Government in this instance because it should not have been negotiated in this way, so that one cannot access the ESM and must go back to the markets. I do not believe the EU will or can leave us in that situation. I hope that will not be the situation, but that should not be where we are at.

It is important the Government deals with the date of the referendum quickly. Let us announce it and, if the date is at the end of May, that is fine. Let us get out there and talk to people about what is actually in the treaty, not what is not in it. I want to see eurobonds and I want to see the ECB playing a much greater role, like the Federal Reserve in the United States. However, we will not get to that stage without copper-fastening and tying down proper co-ordination among the 25 of the 27 states that have signed up to this. If that is not in place, we will never move to a situation of common eurobonds.

I do not believe there is any problem with our colleagues in Europe. We have oversight of all European budgets. We should know what other countries are doing and they should know what we are doing. We are part of a European Union and we need to move towards a greater financial union within that. Let us get real about where we are in this situation.

I welcome the debate, which I have no doubt will be one of many. The Government should quickly call the date for the referendum. For God's sake, let us get our information campaign right and let the people who support this treaty campaign positively for what it is about and not to play on the pitch of the nay-sayers who will scaremonger and tell us everything that is not in it. Let us look at the facts of the treaty, which does not harm Ireland's sovereignty in any way, shape or form.

Like everybody else, I welcome the fact we are having this important debate. I agree with Senator Darragh O'Brien and believe the support of Fianna Fáil for the treaty is crucial at a time when, as an economy, we are trying to move forward. I was struck by a piece on RTE by Ms Olivia O'Leary where she said that rather than having us all sitting around, castigating Fianna Fáil at every turn for the mistakes that were made in the past, it is time to move on.

It is not often I agree with her.

I am inclined to agree with her.

Excellent. We have moved on.

I am also inclined to accept a certain amount of what Senator Darragh O'Brien has said. This is an incredibly important treaty. I make no excuse for saying straight up that I am very much pro-European Union. I have worked and lived in Europe and have worked within the European Community. I saw at first hand back in the 1980s and 1990s the importance of the European Union to this country. There are many reasons we should be grateful to the Union for where we are today. I am a student of history and am also a student of economics. I have seen over many years that our history and our economic policy have been inextricably linked with the UK. Our membership of the EU, particularly our membership of the euro, has enabled us to move out from under our UK history, experience and economic dependency. That is not a small matter for this country. There is a certain colonial heritage in this country and our membership of the EU and of the euro, and our moving forward economically, has been a very important break with that link.

Obviously, what has happened economically in recent years, in particular the past 18 months, has resulted in much greater fiscal and economic answerability in this country. There is a sense that oversight does not really suit us. We have always been quite keen on the mystique of politics, the idea that knowing a politician or having influence can get a person this, that and the other. The idea that the Minister for Finance will troop up on budget day with his briefcase and reveal all, ties in very nicely with the kind of politics that goes on in this country, which is clientelism, to be fair. The reality of the matter is that we are moving very rapidly away from that type of system to a system where we have to set out our stall, declare what our economic policies are, set limits and stick to them.

I agree with Senator Darragh O'Brien's point. In terms of the scorecard, would it have made a difference during the 1990s and 2000s? I believe it would have. When this economy was spiralling out of control, particularly in the construction sector, warning bells did go off. I will take this opportunity to deliver a cheap shot.

That is quite all right.

Warning bells went off and there was criticism from the EU about the way our economic policy was going. Not to put too fine a point on it, two fingers were given to the advice we were getting from Europe. There was the Boston v. Berlin argument, and the “we knew better” approach. The fact of the matter is that we did not know better. When it came right down to it, which were we going to depend on — Boston or Berlin? The reality is it was Berlin.

No matter what we might say about the Germans, Chancellor Angela Merkel, President Sarkozy and the whole nine yards, the reason we have the capacity to pay our bills as they fall due is we are part of the European Union and the eurozone. The treaty provides the people with an opportunity to ask themselves who they are as a nation. In the debate on every previous treaty we got bogged down on what we could get out of Ireland's membership of the European Union. Will we step up willingly or will we squeeze the lemon until we hear the pips squeak? Will it be a question of what more can we get for our farmers or from the Structural Funds? It must be made clear to the people that this treaty is not about such matters and any party which suggests anything different is deluding them. The treaty is about moving forward within the eurozone and, to be fair, in dealing with the serious challenges faced by it. The only way in which people will be mature is by having a referendum on the issues involved, not on septic tanks, the household charge or whether one's school did or did not secure an extension but on the euro. The referendum must be on Ireland's participation in the European Union and the euro.

All Members can argue about whether the European Union has been of benefit; I am sure some political parties will argue that it has not. I have heard some eminent economists proposing that we should be the Switzerland of the European Union, whereby we can sit around on the periphery taking people's cheap money without necessarily being part of the mainstream. I do not believe that to be true. Our history has shown that we have been under the yoke and in the shadow of sterling. It is not really open to us, therefore, to become the modern European equivalent of an 18th-century Venetian city-state, as proposed by one economist, nor is it possible for Ireland to be the place in which one hides one's money offshore. It has an export-driven and export-led economy; consequently, one must look to the future of the country and ask what the treaty is all about. I do not want the referendum to be about whether farmers can receive an extra few bob here or there, or whether we can get a better deal on the bonds. This time I want the people to consider the treaty on its merits and state whether they seek a future for Ireland within the eurozone, "Yes" or "No".

I agree with my colleague, Senator Michael D'Arcy, that nothing is being asked of us under the treaty that we are not already doing. The downside, on the other hand, means we would not have access to the European Stability Mechanism, ESM. We would not have access to the funds the economy might need. I hope we never will need them and believe we are pulling out of the crisis. While it is my honest belief Ireland may not need another bailout, it is time to ask whether it is about what the European Union can do for us or about what we can do for it. This time I would like the people to really embrace the opportunity to demonstrate that they believe in the European experience and the euro. They should affirm they are not reluctant but are willing partners who completely believe in answerability. Members should not forget that it is not merely Ireland's answerability that is in question, as the compact treaty also pertains to the answerability of other countries which also must declare their hands andindicate what their economies are and are not doing. The treaty is about having a real union and greater fiscal and monetary responsibility.

I conclude by noting it is Seachtain na Gaeilge. Tá brón orm nach bhfuil an Gaeilge chomh maith agam ach the bottom line is the treaty presents an opportunity for people in Ireland to say "Yes" to the European Union and an economic future within the eurozone. The treaty will proceed without us, as its ratification by 12 member states will enable it to be implemented. Anyone who thinks there will be a second chance or a second opportunity is greatly mistaken. I hope Ireland will not merely limp over the line but will get itself over it enthusiastically.

In common with my colleagues, I welcome the opportunity to have this debate in this forum. I also take the opportunity to acknowledge the presence in the Visitors Gallery of Dr. Stephen Kinsella, a leading economist from the University of Limerick, who will provide a report on the debate. Consequently, I will be careful about what I say about economics. I also thank the Library and Research Service for the briefing on the compact treaty it provided for Members last Thursday. However, I will do my best to avoid giving a Cliffs Notes version of the briefing and try to express my current thoughts and feelings on the treaty.

In common with many others, I must make up my mind as to which way I will vote in the referendum. I believe that to a degree such a pronouncement would be premature as one does not yet have all the information required. For instance, neither the timeframe in which the European Commission proposes that member states shall "ensure rapid convergence towards their respective medium-term objective" nor the format of the automatic correction mechanism the Government is examining is known. Consequently, while I look forward to examining the proposed constitutional amendment being drafted by the Government and what exactly will be the question put before the people, without full information one can only look at the compact treaty in the macro sense.

The treaty is not about making new rules, rather it is about enforcing existing rules for the conduct of budget policy already laid out in the Stability and Growth Pact and the six-pack reforms by cementing them into national constitutions or primary legislation. Thus, for the most part, this involves the strengthening of the current framework. The principal twist for Ireland will be one that will disqualify countries that have not signed up from receiving aid from the permanent EU rescue mechanism, the European Stability Mechanism, ESM, from March next year. The key novelty of the agreement is that each country in the eurozone ought to agree that its annual structural deficit shall not exceed 0.5% of GDP and this rule shall be introduced into its legal system at constitutional or equivalent level. However, the specific detail of how the Government plans to introduce these measures at the constitutional or equivalent level is not known. Consequently, it is a matter of striking a delicate balance for us between the compact treaty and the legislation. Perhaps I could send a message to our friends in Europe. While preparing for this debate, I was reminded of a quote from Jean Monnet, the chief architect of European unity and a political economist. He once stated that if one changed the context, one changed the problem. Perhaps our European friends might take note.

In the meantime, however, one must state honestly to the people that a "Yes" vote will not necessarily deliver for us an immediate return to prosperity, any more than a "No" vote will instantaneously bring austerity to an end. I am the first to admit the compact treaty has flaws and is abstract, but, equally, the alternative to its adoption is hardly preferable. One should not sugar-coat the position, as we face the least-worst scenario. The people are sufficiently engaged and have enough savvy to appreciate the reality in which we live. Even were we to reject the treaty, we still would remain legally bound to most of the fiscal discipline measures proposed in the compact treaty under the Stability and Growth Pact and the six-pack reform measures. In essence, the treaty is merely a restatement of our commitments, but from henceforth, other countries also will be expected to fulfil these commitments. However, as was evident in the case of Spain only yesterday, these targets are unlikely to be enforced without a degree of flexibility on the part of the Commission as long as the Government behaves proactively.

I do not believe the treaty will protect us against a repeat of the mistakes of the past. It is a testament to how much money was squandered by the boom years Governments that Ireland's structural deficit only would have run foul of the compact treaty twice between 2000 and 2007. As Michael Taft of Unite has noted "had the Fiscal Treaty been in situ ... it would have made no difference whatsoever to Irish budgetary policy.” Rather than being revolutionary, the measures contained within it effectively would mean economic business as usual, if the current times were not so unusual. Rightly or wrongly, we find ourselves in a position in which we no longer have either the opportunity or the resources to institute a Keynesian economics approach. Like Chancellor Merkel’s Swabian housewife thriftiness is the only tool we have left in our arsenal. The question now relates to whether the terms of the compact are ones we can realistically meet.

By the Government's own estimate, the 2015 structural deficit will be 3.7% of GDP. This amounts to a shortfall of more than €5 billion. That money will have to be made up through at least another two or three more years of very tough budgets after 2015. Thus, to say the commitments in the compact will not lead to further austerity is wishful thinking at best and semantics at worst. The compact will not address the economic needs of the country. What Ireland requires is growth. I am not stating that the compact should address our economic needs but it certainly does not do so. As the Minister of State with responsibility for European affairs, Deputy Creighton, pointed out in this House during a previous debate, recovery is "not simply a question of cutting and cutting, rather by achieving growth over an extended period we automatically reduce the debt-to-GDP ratio". In my opinion, the compact and the provisions connected to it do not relate to growth. The latter is an issue we must debate. I wonder if the compact will achieve anything beyond reassuring the markets and ensuring our continued access to funding from the ESM. Perhaps that is not a bad thing. However, we should accept that this is what it is. Let us be forthright with the people and clearly state this treaty is not a panacea for the economy, nor is it a death sentence. It is a choice between maintaining the ESM safety net or facing the deficit crisis alone.

I concur with what Senator Darragh O'Brien said in respect of the need for an information and awareness campaign. There are many matters on which the people would like to have an opportunity to vote. What we will be voting on is the fiscal compact, however, and not the future of Europe or many of the other issues on which we would like to have a say. Let us be honest, therefore, with the people. It must be remembered that this is not just a compact for Ireland, it is a compact for all the countries which sign up to its terms. Some 25 states, including Ireland, have indicated that they wish to be part of the compact. The rules that will apply to Ireland will apply equally to the other 24 countries.

Let us see how the debate progresses. I look forward to seeing how the Government proposes to deal with the compact, either in the context of the Constitution or through primary legislation. I am also interested in discovering what will be the nature of the question put to the people in the referendum. When I see that, I will decide whether to advocate a "Yes" or a "No" vote in the forthcoming referendum campaign.

Like previous speakers, I welcome this debate. In the play "Tom Crean — Antarctic Explorer", the character of Tom describes how he heard something which he never heard before when a man said to him, "I made a mistake". Such admissions were not a common occurrence when Tom Crean was with the Royal Navy or during his wonderful exploits in Antarctica. We must begin this debate from the proposition that the euro and its design are fundamentally flawed and that we are imposing a fiscal solution in respect of a monetary mistake. I would like those in Frankfurt and Brussels to admit they made a mistake and that what was done was crazy. Ireland was actually doing well — we had a lower debt-to-GDP ratio than Germany — before we were hit by the tsunami of the banking crisis, which was down to the faulty design of the euro. That is the crucial point.

While Senator van Turnhout was speaking, I came across an article entitled, "Fiscal compact treaty: why I am voting "maybe"", by Professor Brian Lucey of Trinity College Dublin.

That is the Cheltenham effect. It involves hedging one's bets.

Professor Lucey knows everything all right.

On the faults in the euro, I have considered a number of contemporary references from the period in which the currency was devised. I admire the wisdom displayed by those countries which remained outside the single currency. Those countries did not leave the European Union and they are doing well in all other respects. We should not become hung up on the single currency. Relations between the two parts of Ireland have never been better and this is despite the fact that different currencies are used in each.

We have become obsessed by the euro as a currency. Youth unemployment has risen to 49% in Spain and to 51% in Greece. In Ireland, some 75,000 people under the age of 25 are on the live register. Such unemployment has come about simply in order to maintain a currency which was flawed to begin with. One of the contemporary references to which I refer indicates that:

. . . it was politically inconceivable to launch the euro without Italy, the third largest economy in continental Europe, or Belgium, home of the European capital Brussels. Hence both countries became members despite having gross debt levels of almost twice the Maastricht Treaty reference value of 60 percent in 1997-98 [when they joined].

Using the extension proposals to include countries such as Greece did those states no favours. What occurred in the context of the euro went way beyond what was envisaged in the original literature relating to optimum currency areas and what was contained in proposals but forward by Mr. Delors and Mr. Werner.

This is a flawed project and we are doing massive damage to the economy by opting to take it to the next stage. Ireland did not have a fiscal problem prior to the banking crisis and what should have been done in the context of the euro was that a strong European Central Bank, empowered to take responsibility for the financial stability of the single capital market, should have been put in place. There is no need for a fiscal union and there is no support for such a construct. The flaw in the document we are debating is that it addresses as a fiscal problem what is really a monetary problem and ignores all the economic advice put forward during the period to which I refer. The lesson we must learn in retrospect is that the Department of Foreign Affairs and Trade is strongly pro-European Union and that it sometimes signs us to documents which the people then reject in referendums. The Department also occasionally signs us up to documents which have not been properly analysed.

The wisdom of our joining the euro in the absence of the United Kingdom doing so remains in question. There was a distinct lack of wisdom displayed in exposing a small economy such as Ireland's to massive capital influence from Germany and France because this gave rise to the tsunami effect which destroyed our banking system. It was the rescue of that system which destroyed the public finances. On strict public finance criteria, Ireland had a debt-to-GDP ratio of approximately 20%. That is now heading towards 120% because it cost us 40% of GDP to rescue the banks. As the late Brian Lenihan and the Governor of the Central Bank, Professor Honohan, informed the IMF, we tried to rescue a banking system which, at approximately five times the size of GDP, was too large.

When one moves from those basic design faults and the appalling effects they have had on a small economy such as ours — I refer to the tsunami effect, the fact that fiscal transfers are not sufficient, the fact that we do not have a common labour market with the remainder of Europe and that our people are emigrating to Canada, Australia and so on rather than to Germany — one realises that it is time some small boy observed, in the context of the entire euro project, that the emperor does not really have any clothes. It, therefore, would be ill-advised to proceed for many years with further austerity and mass unemployment among young people.

Ireland typically adhered to the fiscal rules. I accept that some mistakes were made in the context of wasteful public expenditure. I am of the view that we could adhere to the rules once again. However, the compact is not the solution required in respect of a very badly designed currency which has acquired, in the thinking of some governments and politicians, a value which it should never have obtained in the first instance. As a free trade area and a common market, Europe has worked well and we are not leaving it. Persisting with the currency in the current circumstances and imposing further austerity on increasing numbers of the citizens of Europe is, however, not the solution.

Like Senator van Turnhout, I am grateful we are engaging in this discussion. One can be a sceptic about the euro currency without being a sceptic with regard to the wider European ideal. The problem with the fiscal rules is, as a number of speakers opposite have observed, that we are being obliged to comply with them as part of a rescue plan. Does this mean they should be written into the Constitution forever, without there being much possibility that the citizens can change them in the future? Based on the internal arithmetic of the compact, the fiscal rules imply a debt-to-GDP ratio of between 10% to 15%. This, in turn, implies massive austerity for decades to come. The question we must ask in this regard is "For what purpose?".

Where would we be without the European Union? What would be the alternative? Where would Ireland be now were it not for the EU, the IMF and the ECB? From where would we have obtained the money necessary to pay the salaries of gardaí, teachers, nurses and doctors? We need the EU, and perish the thought of the alternative if we did not have Europe backing us now. Some people mentioned a second bailout as a bad thought. Why is this so? We are getting funding at approximately 3% and if we had to go to the markets today, we would pay in excess of 6%. Why not line up a second bailout and money at 3%, as it would be prudent for the Government to have the facility available? Some people are afraid to mention it or talk about it but I am not. From a business perspective — running a country is fundamentally a business — the facility should be put in place. I urge the Government to make that facility available, if needed.

The year 2006 was the turning point for this country. The public continually seeks people to blame for the country's current condition. People blame the banks, politicians and Europe, with some even going as far as to blame America, without looking at our own input to our current position. What stands out for me as a watershed is a statistic in the 2006 census, which showed there were 215,000 unoccupied houses in the country, with Government policy at the time to build 90,000 units per annum. That is where the country went wrong. As some 65,000 of the unoccupied houses were second homes, there were approximately 150,000 unoccupied houses. The ESRI and bodies such as the OECD are now quoted daily in this and the other House, but in 2006, reports on which direction the Government should take were not heeded and were mainly ignored, and that led to our current problems.

We need the European Union and size matters, as this is a small peripheral country in the grand scheme of things. Through the years and different Governments, Ireland has punched above its weight in the European arena because of its pro-European Union stance. We have played the game well and although the process may happen over the long term, we have some very good allies in Europe.

Others have raised the issue of the sale of State assets. A Government must have priorities. Is it a priority of the Government to grow trees over providing health care? Is it a priority for the Government to grow trees over spending €1.5 billion building new schools in its lifetime?

Cad a dhéanfaimid feasta gan adhmad?

We should not forget that banks are vulture capitalists with a fixed abode.

It is a good line.

Tá cathú ann leanúint ar aghaidh le "Cill Chais", ach ní dhéanfaidh méé sin. I express my slight disappointment about the format of the debate. It is good to have it and I am delighted to see Mr. Kinsella present. I did not know he was to be the rapporteur and when I found out, I was delighted. He is one of the best of the new generation of economists. I first met him on “The Frontline” programme and he came across to the viewers and audience as impressive and we are honoured to have him in the House. He compares very well with some of the other so-called celebrity economists, although he would not generally include himself with them. He is a very independent voice.

I am only one voice but I called for a debate in which we could go through the treaty title by title, which may have elicited more information for ourselves and the citizens rather than a general Second Stage type of debate. Perhaps we can have that and treat this as a Second Stage debate, with a more detailed analysis of the treaty later. It is only 11 pages long so we could do it. It is important for us to do so.

I will not say too much about Europe or European policy in general except to say that I am very pro-European Union and always have been, as has my party. That does not mean we agree with everything happening in the European democratic framework or every Commission proposal. When an intergovernmental agreement is brought forward that is outside the scope of the European Union or which places a system outside the scope of the European Union, there is a concern as a small country that the previous protection offered by the Commission to all the countries in operating on an equal basis would not be as strong. In terms of enforcement, the Commission's role is only part of the enforcement scene in this treaty. That is one concern for those with a pro-European Union outlook and it should be addressed and explained to the public. The role of the Commission up to now, in an even-handed approach to member states, must be explained, and there should be a discussion of what is changing. I am trying to elicit this information and I have more questions than answers at this stage.

Another concern is what provisions are already in force. There is much talk that most of the treaty provisions are already in force, and my understanding is that only the structural deficit provision is not already in the six pack. The question I have with regard to the six pack — the law that already is in place — is for people who oppose this treaty between countries. Where were they when the drafts of the six pack legislation were put before the Oireachtas? As I understand it, they had the power to initiate the yellow card or subsidiarity provisions, although I am not sure if they are absolutely relevant. The people who oppose this treaty must answer that question as most of the six pack went before the European Parliament in September and the Council in December. It was certainly put on the record in Seanad Éireann and Dáil Éireann, with each House having one vote. Where were the people who oppose this treaty at that stage?

A very good job of explanation must be done. A good job was done by the Referendum Commission for the second Lisbon treaty vote, and the commission should be able to explain the issues in detail. As elected representatives we must be able to explain in detail and in an easily understood way what the various provisions mean. That is true whether we are for or against this treaty. Issues such as structural deficit do not trip off the tongue very easily for the public but I presume the same is true for economists because there are very complicated mathematical or economic ratios involved. Oireachtas researchers have set out the Commission's methodology, and there are many other methodologies. I am assured, however, having attended a conference in Brussels a couple of weeks ago, that only the Commission's methodology will apply, which will perhaps simplify the matter for us.

Economic concepts such as the structural deficit will have to be explained and an explanation must then be given of what they mean in terms of the national accounts and annual deficit. For example, what expenditure reductions will be required and what will be the implications for the health service, education and so forth? The Government must explain all of this and we must apprise ourselves of what precisely will be the implications. I do not believe anyone has clear answers on this.

When will the treaty apply to Ireland, given that it will not apply while we are in the EU-ECB-IMF programme? Perhaps cutbacks will not be required and economic growth will be sufficient to meet the requirements of the treaty. I have raised more questions than answers, as I expect will be the case for many Senators. I ask for further debate on the treaty and an explanation of its provisions, either line by line or article by article.

I welcome the opportunity to speak in the debate on the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union. This is the most important treaty to come before people for their consideration and has been the subject of much scaremongering. This has been addressed by the Tánaiste recently in the Dáil and will continue to be addressed by the Government as the referendum approaches.

We must be mindful that the word "stability" is at the core of the treaty title. This word must resonate with each and every one of us given that we have craved stability in previous politically and financially insecure times. What does stability mean for this country? It is about adhering to a Keynesian economic framework, whereby we strike a delicate balance between taxation and distribution in the good times in order that we have a sufficient cushion should anything untoward happen to the economy. The problem with the current recessionary times is that during the Celtic tiger period, Governments did not save for a rainy day, budgets were giveaways and banks were largely unregulated and consequently ran amok. Developments subsequently have been highly unfortunate.

As a small, open economy, it is imperative that Ireland has plans in place for stability. Under the treaty, we will be compelled to ensure the Government deficit does not exceed 3% of gross domestic product, the structural deficit does not exceed 0.5% of GDP and our ratio of debt to GDP does not exceed 60% of GDP. These figures will be scrutinised by the Department of Finance, the European Commission and the European Council in order that we have full accountability for our financial movements. However, provision is made for some flexibility, as in the event of exceptional circumstances the State may deviate from the figures. By virtue of the revised Stability and Growth Pact of 2011, Ireland will be compelled to abide by the figures I cited irrespective of the outcome of the referendum.

The fundamental difference a "Yes" vote would yield is that the Government will be able to choose how these targets are reached, thereby helping us regain some degree of fiscal sovereignty. This will be but one step in the right direction. Furthermore, the passing of the treaty will mean Ireland will not have to suffer the indignity of paying more than 8% interest on the bond markets or having our debts given junk status. We will also have access to the European Stability Mechanism, ESM, a permanent rescue funding programme to succeed the temporary European Financial Stability Facility and European Financial Stabilisation Mechanism in the 17 member eurozone. The ESM will be launched as soon as member states representing 90% of the capital commitments have ratified the treaty, and this is expected to occur in July 2012.

We need to be part of this process to ensure our long-term financial security. The train is leaving the station and it is essential that Ireland is on board. We need to pass the referendum for stability, to aid our recovery, to provide certainty for investors and consumers and ultimately to create jobs. We need to maintain our high levels of foreign direct investment. A "Yes" vote will signify that we are serious about recovery and our fiscal and economic independence and will help us build political capital in the European Union. It is ultimately a vote for a better future.

"The debt brakes will be binding and valid forever. Never will you be able to change them through a parliamentary majority." These are the words of German Chancellor, Angela Merkel, on what we are being asked to sign up to in the treaty. Her words are a fair representation of the goal of the pact, which will act as a permanent and binding fetter on Irish sovereignty.

Issues of critical importance are at stake. The treaty will tie the hands of future Governments and more ambitious and progressive Governments will be forced to adhere to the conservative restrictions for which it provides. The Government has made its decision in this regard and will answer for it accordingly. What about the next Government and next generation and what they intend to do? They should not have to lie in a bed made by the Government and its predecessor.

The problems in the eurozone, which the treaty does little to address, have been used as an excuse to put an economic straitjacket on governments across the Continent. As SIPTU economist, Paul Sweeney, recently stated, the treaty is "essentially a coup by the right-wing economic conservatives to impose fiscal austerity on us forever". It did not, therefore, come as any surprise to Sinn Féin when the Attorney General indicated the Government could not avoid a referendum on it. The Government should publish the legal advice it received in order that citizens can see that the treaty goes further in limiting our economic sovereignty than anything that has gone before. That this advice is being kept secret and a referendum has been called gives a lie to the argument that the treaty is nothing more than a repackaging of existing rules. The treaty goes further and deeper than any existing rules. For example, it gives more power to the unaccountable arms of the European Union, the Commission and Court of Justice, than ever before, despite not being an EU treaty.

It is in Ireland's economic interests to reject this pact which many commentators have dubbed the "austerity treaty". This is an accurate description rather than merely a slogan. Under the terms of the treaty, we will commit to further years of austerity after 2015 to reach the targets set out in the text. One expert has stated the treaty will require further expenditure cuts of at least €6 billion and economists from across the political divide have criticised it. Appearing before the Joint Committee on European Union Affairs recently, Tom McDonnell of TASC described the deficit brake and debt brake provisions outlined in Articles 3 and 4 of the treaty as "potentially damaging". According to Mr. McDonnell, the treaty will, at worst, "damage recovery in the Irish and other European economies by reinforcing procyclicality in the recession-hit periphery". The economist, Colm McCarthy, stated the following:

As an exercise in addressing the eurozone's twin banking and sovereign debt crises, the fiscal compact makes no worthwhile contribution. The source of these problems lies in the flawed design of the common currency, and this cannot apparently be admitted by the European political leadership. One does not hear voices claiming the treaty will solve the eurozone crisis. While experts disagree on what needs to be done, many of them are singing from the same hymn sheet in arguing that the treaty does not provide a solution. It will bring further austerity, cuts, regressive taxation, unemployment and emigration because it will deepen the current recession. It will also handicap the ability of governments to invest in job creation and job creation facilitation. It represents more of the same failed policies that saw a second bailout for Greece only this week.

Many speakers referred to the European Stability Mechanism, ESM. The link between the mechanism and treaty arose from the Government's failure to stand up for Ireland in negotiations. Irish negotiating energy was spent by and large on trying — in vain — to avoid a referendum by adding the formula "preferably constitutional" to the text of the treaty. If the Government has any fight left in it, it should veto the decision to link the ESM to the austerity treaty. A veto is available in respect of the treaty change on which the bailout fund is based. As Senators are aware, the ESM will be the European Union's emergency funding mechanism from mid-2012. It is based on the ESM treaty which has not yet been ratified. Ratification is dependent on the ratification of an amendment to Article 136 of the EU treaties. While the Government cannot block the ratification of the ESM treaty, it has a veto over the ratification of the amendment to the treaties. The ratification is dependent on the ratification of an amendment to Article 136 of the EU treaties. While the Government cannot block the ratification of the ESM treaty, it has a veto over the ratification of the amendment to Article 136 of the European treaties, which will come before the Houses of the Oireachtas shortly in the form of the European communities (amendment) Bill. The constitutionality of passing this new treaty through the Oireachtas could be open to question.

The link between ratification of the austerity treaty or future access to ESM funds was supported by the Government in February this year. It could have blocked it at that time but it chose not to do so. We now call on the Government to do the right thing and insist this clause is removed from the ESM treaty and the fiscal compact treaty. It has a veto on the issue and it must exercise it. Furthermore, the idea that the EU will allow a eurozone country to sink if it refuses to sign up to this is preposterous. We are linked by the same currency, we are part of the same market and it would not be in anybody's interest to let one country sink.

This new intergovernmental EU treaty smacks of having been made up as they went along in terms of decision making. It seems we have thrown out the rule book, the old tested methods of doing things and adopted a rushed and legally very questionable way of doing things now. It is ill-thought out and it is very unlikely that it will ever work. It is stripping us furthermore of some of our sovereign competencies and forcing us into more austerity.

As previous speakers have said, this treaty is nothing like what we have been asked to ratify previously and there is nothing progressive in it. No sector of civil society could read this document and say that it will bring progress and more equality to Irish society. Senator Byrne mentioned the six pack of proposals and the discussions leading up to those. As Proinsias De Rossa, the former MEP, said, after he and his social democratic colleagues rejected the core of this six pack of measures in September in the European Parliament:

[T]he Labour Group in the European Parliament opposed four of the so-called "6-Pack" because they are economically misguided. Austerity measures which fail to protect investment, will kill growth, destroy jobs and derail economic recovery. Without growth a return to sound public finances will be simply impossible [...] There is a clear alternative to brute austerity.

As the SIPTU boss, Jack O'Connor said:

The Fiscal Compact agreed by 25 EU governments is the worst imaginable response to the challenge of recession and stagnation. The Agreement, which seeks to enforce strict budget discipline across Europe, will have a far reaching effect on people's lives across the EU by reducing pension provision, cutting public services, eroding people's rights at work and driving down the cost of labour.

There is not one article in this treaty that can be thought of in any way as being of benefit to social justice, the environment, women's and children's rights, young people or to any progressive sector of society. It is purely an economic treaty and the economics contained in it are bad, right wing and will not work. That is why we call on civil society and trade unions, in particular, to back up their rhetoric and stand up against this treaty. It is too important to keep quiet about. Civil society and workers must organise and campaign against it. There is no justification for any other response and no other action should be considered except to reject outright this treaty.

I welcome this opportunity presented by the Leader to have a debate on the fiscal treaty. I join others in thanking the Library and Research Service on the informative presentation it gave us last week. I am pleased the Government is allowing plenty of time for people to debate and become familiar with all the facts before holding this referendum. I urge the Government to ensure the wording of it is clear, concise and easily understood.

Having attended the Library and Research Service presentation I came away from it wondering why we were having a referendum given that most of the provisions of the treaty are already contained in other frameworks. However, I am pleased the Attorney General recommended the holding of a referendum given that the stakes are so high and that all our people are entitled to contribute to the reshaping and strengthening of the eurozone.

At the heart of this treaty is a promise by eurozone countries to support each other through times of crises and market speculation. By voting "Yes" we will help strengthen and protect the euro. During the past year many people have been frightened that if the euro were to fail, their meagre savings would be lost. I had many constituents approach me for advice as to what they should do with their savings and whether they should transfer it into dollars or sterling or what they should do with it. I was slow to give any advice but I offered the opinion that I felt there was too much at stake to allow the euro fail and that I was hopeful we would not see the euro go under. Thankfully, in recent times, as the eurozone countries finally start working closely together, there is much less talk of a euro failure.

We have made a good start in Ireland on the long road to recovery. This is a small, open economy and our living standards and capacity to create jobs depend on our ability to trade and attract investment. For economic recovery to be possible, we need stability in Ireland and in Europe. The Government has made good, steady progress in rebuilding our international reputation and we can see investor confidence increasing. The recent significant job announcements are to be welcomed, but we need to build on these successes if we are to make any impression on the huge jobless figures.

As the only English speaking people in the eurozone, we are at a huge advantage and we should leverage that. I welcome the fact that many of our Ministers are going abroad this St. Patrick's weekend and will forge strong, important links with many countries throughout the world, which it is to be hoped will help investment into the future.

This treaty is a housekeeping exercise. It is about living within our budgets but having an element of flexibility to cater for exceptional circumstances. It is designed to ensure there will be no repeat of the reckless mismanagement that brought us to the brink of bankruptcy under a future Government's watch.

The people will have a major decision to make on the day of the referendum. Do we want to remain at the heart of Europe and contribute to the strengthening and stabilising of the euro? Do we want to ensure we have access to funds in the unlikely event that we may not be in a position to return to the bond markets as soon as we had hoped? Do we want rules-based economic stability, certainty and investment that our recovery needs? Most importantly, do we want to avoid a step back into the unknown, isolation and financial and economic instability that brought us to the brink of collapse?

I appeal to those campaigning for a "No" vote to please stick to the facts. The treaty is not about austerity, septic tanks, turf cutting, household charges or any of the other many issues they want to beat the Government up about. There will be other days and other opportunities for that. The treaty is about our very survival and our ability to recover slowly from the worst economic and financial crisis we have seen since the 1930s in a stronger and more unified eurozone that is focused on financial stability and has the creation of jobs at the heart of economic recovery. This treaty will not solve all the design faults of the eurozone project, as referred to by Senator Barrett, but I hope it is a step in the right direction and I urge the people of Ireland to support it.

I have listened with great interest to people who are wiser than me, and in particular I was very impressed and interested in what Senator Sean Barrett, who is an expert in this area, said, namely, that this is imposing a fiscal solution on a monetary matter. I think that is absolutely accurate. I was fascinated by what Senator Reilly said, namely, that there may be some kind of legal mechanism within the Oireachtas whereby we can stop it. Enda threw away our card and that was a disaster. I say unequivocally that this whole treaty is a fraud perpetrated on the entire people of Europe, and everybody knows it. I cannot believe my colleagues on the other side of the House who say that this will impose proper regulation, good housekeeping and all the rest of it. How in the name of God can it do that when it is fundamentally dishonest? The objectives contained in it are unrealistic, unachievable and inhumane. They mark an attempt to place a corrupt, damaged and unsatisfactory system above the welfare of the people, which is always a hopeless and damaging proposition.

We have learned that Fine Gael is strong on geography. The Taoiseach told somebody that Ireland was not Greece. He is perfectly right. As I said the other day, we did not build the Acropolis or start the Olympic Games. We are not responsible for the sculpture of Praxiteles and so forth. Then the Minister for Finance, Deputy Michael Noonan, said Ireland was not Spain. I know that, as Croke Park is not a bull ring. However, the very fraudulence of the treaty is underlined by the fact that Spain signed it and immediately stated it would not live up to its targets. Of course, it will not, as they are mathematically incapable of being reached. People do not like some of the things I say from time to time, but, at least, they will give me credit for being honest and telling the truth, even when it is unpalatable, because people do not like lies or comfortable half truths. I can say for certain that these objectives cannot be met. There is absolutely no way they can be.

I will put up my hands. I voted against the bank bailout. I gave what I considered to be a sophisticated analysis of its economic basis, but it was never reported. I repeated it five times and then gave up. I said: "Nobody bothers. I can only be listened to when I speak about a very specific pigeonhole set of circumstances." I was right. I voted in what turned out to be the correct way every time these financial matters were put to a vote. However, I was an enthusiastic Europhile. I liked the euro, although it was for a very naive and good reason. It made us all feel more European and made it so much easier to travel between countries, as one did not have to endlessly keep changing currency. My response was that simple. However, it does not appear to be working and I do not believe it will work if we tell lies to the people and allow ourselves to be bullied by Frankfurt. That is a great mistake.

To continue the geography lessons for my colleagues on the other side of the House, while Ireland is not Spain or Greece, somebody said recently we did not want to leave Europe. How in the name of God can we leave Europe? Ireland is physically part of it and still part of the European Union. The Europe I have wanted to see all my life is one that has humane values. I recall that when I raised human rights issues at a meeting in Paris of the Conference of Community and European Affairs Committees of Parliaments of the European Union, COSAC, I was told by the then French Foreign Minister that the European contracts at that stage had no human rights protocols. Now they do. That is the way I wish to see it develop.

There might be an inevitability about this. I have said in this House previously that if one looks back on the history of Germany in the 19th century, one sees the strong power, Prussia, and a number of surrounding dukedoms. They started Zollverein, a customs union, which set in place a centrifugal force that was unstoppable and led to the unification of Germany and the German Reich. The same has started in Europe and it can go in one of two ways: it can either move towards a proper, regulated system with a good central bank and so forth, or it will blow apart. I hope it does not blow apart. I wish Europe well. However, we must stand in solidarity with humane values. It is intolerable that people are living in cardboard boxes off Syntagma Square, that there are such levels of unemployment in Spain and that people are being driven out of this country.

Why is no one holding to account those responsible for the entire mess? I refer to Goldman Sachs which cooked the books for the Greeks and the ratings agencies which conspired to put together the toxic bundles that launched the global disaster. They are still at it. They should be held to account and feel the pain, not the ordinary, decent, plain people of Ireland among whom I include myself and every other Member of the House.

I welcome the opportunity to participate in this debate and pay tribute to the Leader of the House for facilitating it. This is a very important discussion and it is welcome that the main Opposition party in both Houses is also supporting this very important treaty. This is probably the most important decision facing Ireland as a country, as a "No" vote would leave us outside the main decision making processes and areas of influence in Europe. No doubt, I will be accused of scaremongering for merely making that point. However, there must be honesty in this debate. The treaty requires ratification by just 12 countries. The European Union will move on and if we do not ratify the treaty, there is a strong possibility we could be left behind. We should discuss what is contained in the treaty and what those who support it and those who oppose it, having read and reflected on its contents, believe the consequences might be for the country of making a decision on way or the other. There is a grave responsibility on all commentators to ensure this takes place. We should confine our comments to the treaty, not discuss a host of other matters that might legitimately exercise the feelings of large sections of the electorate.

One of the arguments made by opponents of the treaty is that it cedes more of our sovereignty to the European Union. The initial accession agreement in 1972 and each succeeding treaty amendment represented a commitment to a future of partnership within the European Union in pursuit of shared goals and aspirations. Sovereignty means more than just being able to say "No", which appears to be what certain commentators are saying when they speak about a loss of sovereignty. It is a negative quality which betrays a lack of national self-confidence.

Ireland's involvement in the European Union has been and remains positive. If things are bad now, imagine how very much worse they would be if we were not part of the eurozone. One Senator has said we do not have a fiscal problem but a monetary problem. It is generally accepted that a monetary union without fiscal rules might be part of the problem we are experiencing. If there are a number of states bound by a shared monetary policy, but they have an independent fiscal policy, we will end up with states such as Greece, for example. The Senator suggests the root of our problems lies in massive cheap capital transfers into the State. It is remarkable that the cheapness of an industry's inputs can be blamed for its problems.

Professor Philip Lane of Trinity College has pointed out that some countries, notably Sweden and Chile, which experienced a banking crisis in the 1990s and introduced fiscal rules that ensured fiscal discipline, have escaped the worse effects of the current recession. It is likely that if we had had similar fiscal rules enshrined in law, we might have similarly escaped. The idea that the treaty will lead to further austerity and constrains the ability of governments to borrow misses the point. It does no such thing. What it requires is that budgets be balanced, which is no bad thing. There is latitude to allow for spending on capital projects which require borrowing, as long as it is clearly outlined how the borrowing costs will be met. There is no question about this and to suggest otherwise is to demonstrate a lack of understanding about what the treaty contains.

Working out and defining what constitutes a structural deficit gives rise to considerable uncertainty and this has been pointed to as a major flaw in the treaty. However, the UK Office for Budget Responsibility has managed to outline what a structural deficit might be in general and workable terms. It is interesting that the UK Government is working within the parameters of its own fiscal rules which are enshrined in law and closely mirror the terms contained in the treaty we are discussing. It is also interesting to note that some of the opponents of the treaty in Ireland have not raised concerns about the workings of similar rules in the northern part of this island.

It is difficult to understand how any commentator could fail to understand paragraph 25 of the treaty which states access to the ESM is contingent on ratifying the treaty. It might be based on a genuine misguided interpretation of the text, a misunderstanding of the words or it might be wishful thinking. It is unlikely that we will require access to the ESM as we intend to be back in the financial markets by the middle of next year, but why would we close off the option? It makes no sense. We are again hearing the nonsensical argument that we can act unilaterally and without consequence.

I will have a great deal more to say about the treaty and we will have an opportunity to do so again in the House. I ask those in favour of the treaty and those who oppose it to, at least, be honest. If opponents of the treaty call on people to reject it, they should, at least, acknowledge that there are consequences to that decision.

Well done, Senator. You finished exactly within the time allowed.

Perhaps the Senator might receive a prize. I have serious concerns about some of the information given to us by the Department of Finance in regard to proposed elements of this treaty. There was a phrase in the Northern peace process that nothing is agreed until everything is agreed. There is talk of a growth path and a debt writedown but no concrete proposals. We have no guarantee on our corporation tax, despite a guarantee having been received in light of the first Lisbon referendum. As we know, the French are gunning for that and hoping to ensure that Ireland's competitive advantage in regard to corporation tax is negated in the very near future, and there are proposals before the Commission that a common consolidated corporate tax base be put in place.

I have serious concerns in regard to the ongoing democratic deficit in this process and statements by German Cabinet members do not help my concerns. When the German Minister for Finance proposes that the Greeks should delay their election by two years and that a eurocratic Cabinet should be put in place to run Greece, the home of democracy, it must concern all citizens of Europe. When another Minister from the German Cabinet proposes that the Greeks be given an offer they cannot refuse to leave the euro, again, this must raise concerns with any legislator or citizen of Europe.

What is happening in Greece, Spain and Ireland as a result of the austerity being put upon them by our alleged EU partners is a long way from the original aims of the European Community. Not only is it not humane but we are fixing the wrong problem, as Senator Barrett has pointed out. We had a banking crisis and now we have a solution being proposed by the same people who designed the euro in the first place.

Some of my concerns have been highlighted by the Department of Finance and the Oireachtas Library and Research Service. There has been criticism of the fiscal compact's focus on measurement issues and its appropriateness for a small, open economy. The Department of Finance in 2001, in a report discussed by McArdle in 2012, stated there is a large degree of uncertainty regarding trend growth estimates generally, which are fundamental to this treaty. The measurement of output gaps and inflation in Ireland, given the importance of external factors in determining price development, is also an area of concern for the Department of Finance. It is also stated that the current account balance, CAB, indicators are a backward looking rather than forward looking indicator of budgetary position.

The Department of Finance is warning us that many of the elements of the fiscal compact are worrying from an Irish perspective because there is not a one-size-fits-all solution, even though that is what is being put upon us. In 2011 the stability programme update from the Department of Finance stated that using the Commission's methodology would suggest that in 2015 the economy would be overheated, with resulting inflation, which the Department of Finance describes as implausible. This is worrying, given this is also the Oireachtas Library and Research Service's take on the fiscal compact.

In late 2008 the EU believed the Irish economy was roughly in equilibrium, with an output gap of just 0.2%. Now, it has revised this to minus 4%. It is also noteworthy that the European Commission estimates that the output gap was negative all through the bubble era until 2008 and that its revision does not radically alter the picture. This is equally implausible. I take this information from McArdle and a report prepared by the Department of Finance.

The Oireachtas Library and Research Service is raising serious concerns in regard to the methodology and structure of the fiscal compact and the Department of Finance had outlined a number of areas in 2001 alone whereby many of the structural issues proposed in the fiscal compact do not make a huge amount of sense for Ireland. The noteworthiness of this is that the people who designed the euro are now designing the solution. We would not give a builder the same contract if he made a bad job of it on the first day. Senator Thomas Byrne attended a meeting in Europe with 27 member states represented around the table. When he asked how the structural deficit was calculated, he was told by the Commission that the Commission will decide that after the member states approve the treaty. That is a concern for any citizen of Europe.

Tá mé ag ceapadh gurbh í seo an díospóireacht is tábhachtaí sa Teach seo agus an conradh is tábhachtaí le cur os comhair mhuintir na hÉireann i mbliana. Ós rud é go bhfuil Seachtain na Gaeilge ann, déarfaidh mé abairt amháin as Gaeilge.

This is a very important treaty. Since the Government took office, we have taken every opportunity to seek ways to reduce the debt. People who link the debt burden with the treaty are way off the mark. This is an ongoing process. Ireland is demonstrating it can deliver on its programme and wants to get beyond the current difficulties but we must be careful not to link the two.

The choice facing us in the referendum on the European stability treaty is whether we build on what we have achieved or step backwards. The treaty is an important part of the solution to our difficulties and an essential building block in our economic recovery. However, it is not the solution and nobody is claiming it is. The treaty concept is not new. The eurozone has been part of the Stability and Growth Pact since 1996 and that pact was revised in 2005. While Governments may have chosen to ignore it or chosen to buy elections or spend money, we all have to cut our cloth according to the size. The fact Governments did not do that up to now is something every country must be ashamed of, particularly Germany and France as well as Ireland. Everybody is in it; we are not on our own.

Ireland's is a small and open economy. Our jobs and our living standards are dependent on what we make and sell to others. Our prosperity depends on the stability and prosperity of others, including the stability and prosperity of the eurozone countries. The euro is not an abstract concept. It is the money we are spending every day. It is a fact that what is good for stability in Europe is good for Ireland. I note it is called the "stability" pact because it is about stability. Twelve months ago, Ireland was stuck in a profound economic and political crisis but the Government has got to grips with the problem. We have brought about greater fairness and stability, and we have worked hard to restore Ireland's reputation abroad. We are succeeding in our task. To make further progress, however, we need the instability in Europe to quieten down.

Senator Norris referred to Spain and how it has signed up to the treaty and then immediately ignored it. I remind Senator Norris that Spain is not in a bailout; it is borrowing on the open market whereas we are borrowing from the European Union. What is wrong with the debate on the treaty is that everybody comes up with the solution that we should not pay but nobody, including Senators Norris and Barrett, suggests where we will get the money. We cannot borrow on the open market and we are dependent on the European Union. That is the difference between Spain and Ireland. I am sorry Senator Norris conveniently forgot this because I am quite sure he knows that Spain is not in a bailout programme.

We know that in order to get a bank mortgage on a person's home, that home has to be protected by insurance. In the same way, Ireland will find it easier to attract the international investment we need for jobs and recovery if we are protected by the rescue fund. The fault when the euro was devised was pointed out by Senator Barrett. I ask him whether he wants to go back in history and go back to again devising the euro. Of course, mistakes were made, and anybody looking at the euro today knows it should not have been devised in the way it was. This treaty is not about that. Whatever about Senator Barrett bringing that into the debate now, we should have and will have a discussion on how the euro was devised, how it should be devised and how we can make it a better euro, working in the European economy.

We need a "Yes" vote. It will protect the euros all of us have in our back pockets. It means more investment and less austerity. If we vote "No" we will be locked out of the European Stability Mechanism and where will we get the money?

The Senator is telling us we will not need the money. That is a second bailout.

If the Government continues to operate as at present we will not need——

Senator Keane is telling us we need a second bailout.

I ask the Senator to conclude.

I will. I was referring to what Senator Tom Sheahan said. I do not agree that we need a second bailout.

We will not need the money then.

We will need only the one bailout.

It is great that we do not need access to the funding.

Will Senator Keane, please, conclude.

Excuse me, can the interruptions, please, cease?

I apologise. The Senator's time has expired and everybody is limited to five minutes.

I wish to finish on——

No, the Senator's time has expired.

The Chair did not take the interruptions into account.

I will allow the Senator time to wrap up.

I was correcting what Senator Tom Sheahan said. It would send the wrong message to say we want a second bailout or we need it. Of course, we need the assurance that it is available if we need it, but we need the stability to say we are growing on our own two feet, that the Government is taking us in the right direction and growing the economy, and that we will grow out of the difficulties.

I am sure the Senator will agree it would be best to avoid distractions.

I was being distracted.

That is the point. It would be better to avoid them.

I am not one to let things go.

I call Senator David Cullinane to speak without interruption.

Without interruption.

Yes, without interruption.

I agree with the Senators on the Government side and those in the Opposition who support the treaty that it is important to have an honest and factual debate on what is contained in it because all kinds of issues will be brought into the campaign. It is an EU fiscal compact treaty which puts into law a number of old and new rules aimed at fiscal discipline. Article 3 deals with those in respect of the debt level of 60% of GDP and the structural deficit target of 0.5%. This is a new rule and, as a previous speaker said, it is an ill-defined concept on which many economists differ. The EU has not stated how it will measure a structural deficit. However, it is one of the measures in the treaty. There is also the Stability and Growth Pact deficit target of 3%. Therefore, the treaty contains rules in place as well as new rules. Those rules will be put into Irish law and put on a constitutional footing. The combined impact of the rules, which are draconian and tie the hands of this and future governments for generations, being put in place is that we are giving powers to the European Commission and the European Court of Justice and putting in place sanctions whereby if countries stray outside the terms of the rules, they can be brought to court and have financial penalties imposed.

Sometimes governments have surpluses, sometimes they have deficits and sometimes books can be balanced. The reasons there are deficits is that governments need to borrow to invest. The treaty puts a straitjacket on the ability of future governments to borrow to invest.

It does not. That is scaremongering.

No small to medium-sized business would operate under the strict draconian rules under which the Government is being asked to operate, whereby the amount a member state can borrow is limited to the extent that it is almost impossible to borrow because of the strict rules being put into law. Businesses borrow to invest to grow the business and create jobs. Economies and states borrow to grow the economy.

We are putting in place a one-size-fits-all approach across the EU which will not work because we are not dealing with the real problems. The real problem in Ireland is the unsustainable level of debt, according to the IMF. We do not have a strategy for growth. We cannot continue with the cuts and austerity measures if we do not have counter measures to grow the economy. The treaty will limit the ability of the economy to grow. It is important to have a factual and honest debate. My interpretation of the treaty is that we will lock ourselves into tight draconian rules for decades, which is not in the best interests of the people.

Let us recall what caused the crash in Ireland. Many say that if the treaty is passed, it will prevent another property bubble, a financial bubble and the Celtic tiger happening again. Essentially, the treaty prevents states borrowing to invest and puts in place strict parameters on how countries can address their fiscal budgetary and economic affairs. During the Celtic tiger years, we had property and construction bubbles and surpluses and did not borrow large sums of money to pay for day-to-day spending. The property and financial crash followed on from excessive lending by the banks. They were borrowing money from bondholders to lend to developers who were speculating. The whole system collapsed like a house of cards. As a consequence, our public finances collapsed because they were overly dependent on construction, consumption and the property bubble. That is the reason we had to borrow, not because we borrowed excessively during the boom years. The public finances collapsed for entirely different reasons and the EU fiscal compact treaty will not deal with that issue. No sooner had the ink dried on the treaty signed by EU leaders than a right wing conservative Prime Minister in Spain who was not prepared to accept the terms of the treaty opted out. The reason he opted out was that he knew he was being asked to sign his country up to painful fiscal discipline measures that would have caused more problems for the Spanish economy, including greater unemployment. Given that the Spanish economy will contract this year, it would have made the position much worse. Governments must have the flexibility to manage their fiscal affairs. We will not have that flexibility if we tie the hands of this and future governments for generations by passing the treaty. It is in the best interests of the people to reject the treaty and to reject putting a straitjacket on the capacity of any future government to borrow.

In a debate about EU matters we need to be positive in respect of what the European Union has done for us, because it appears we walk away from that when debating such issues. In 1992, 1.2 million people were at work. By 2008 the number had increased to 2.1 million, a huge increase in the number in employment in a short time. The reason we were allowed grow the workforce was that we had access to markets in the UK and at European level. We were fortunate in being able to grow the markets and, as a result, grow jobs. In recent years we have had to readjust as the numbers in employment decreased from 2.1 million to more than 1.8 million. The latter figure is still substantially in excess of the number employed in 1992. In the period 1994 to 1997, when the economy started to grow, 1,000 jobs per week were created. It is important also to examine how the farming sector was able to develop. We are getting €8.4 billion in EU supports for the farming industry. This is being reviewed in the negotiations on the Common Agricultural Policy which has made a major contribution in helping the agriculture industry and also developing downstream industries.

Why have we ended up in our current financial difficulties? To a large extent, there were warning signs in 2001 and 2002 when we allowed the property market to go unmanaged and unsupervised and became dependent on it. Out of every €100,000 earned from the sale of property as much as €44,000 went to the Government through salaries paid to PAYE workers in the construction industry, VAT, capital gains tax and stamp duty. There was a feelgood factor because we thought we could continue to grow services and allow the associated costs to increase. When, unfortunately, the construction sector contracted, it was difficult to keep services going. We did, but we need to be more efficient in doing so. The treaty will allow us continued access to moneys for services and to help the economy to grow. Without access to funds we cannot continue to provide the services required.

In the past 12 months there have been major achievements in providing stability. Our next step is to ensure we can continue to increase job numbers. The ESM has provided security in the sense that we do not have to seek €500 billion from the markets, which is extremely important. It is interesting that in the period 1991 to 2000 the level of debt increased from €36 billion to €40 billion, but as a proportion of GDP, it decreased from 95% to 35%. The treaty will give us the security we require to maintain services and help to stabilise the economy and ensure jobs are protected and increased. By increasing the number of jobs we can increase our access to markets. The European Union holds the key to expanding our role in them, as a result of which we can make sure there will be jobs for the many young people who have graduated from our educational institutions. There is evidence of this occurring in the past few months during which a number of foreign companies have set up here.

It is important that Ireland vote "Yes" in the referendum. This will give us the stability we require and allow the Government to continue the programme for economic recovery.

I have found the debate illuminating and wish the public could hear more of it. One of the difficulties will be getting the message across to allow the people to make up their minds in a relatively short period.

This morning I paid my household charge. As I wrote the cheque I thought of all the people who did not have the €100, who might only have €10 in their pockets. I accept this has nothing to do with the referendum but try to explain that to those who are down on their uppers. They will ask what the European Union has done for us. The same will apply in cases in which loved ones have emigrated, but one can say Irish people have always emigrated in their thousands. In the current climate the following questions will certainly be asked. What does the European Union mean to us? Why should we rally to the flag? I make these points because we should be very careful not to constrain people who wish to express several views which may not fit in exactly with the modus operandi of the debate on the fiscal compact treaty, but the referendum will allow people to put in context where they are and their vision, if any, for the future.

Years ago I spoke against Ireland joining the European project. I recall standing with the trade union leader Matt Merrigan on a platform in a small provincial town on a drizzly evening when 12 people listened to us. I knew we were not going to make an impact, but when one is young and idealistic, one thinks about sovereignty. My only concern at the time was what would happen to our sovereignty if we joined the European project. In the meantime I have apologised by saying the European Union has been good for us in many ways. If one wishes to be analytical, one can say we have squandered all of the good things it has given us, the benefits have been diluted or they have been undermined by global movements. One can balance this by asking what would have happened if we had not joined. On the positive side, farmers have done exceptionally well; we have benefited in an important trade area and have exceptionally good infrastructure. However, if we had a choice, would we support the treaty today? I genuinely think not. Therefore, if we want it to succeed — it is still a big "if"— we must start from the question of whether we have a choice. Having listened to Senator David Norris's passionate and powerful contribution — I have no doubt both elements will be released into the debate — I am not 100% sure all of the niceties in keeping everything else out of the equation and only debating what is involved will apply. Scaremongering is not what it is about, but there has been some on both sides. Perhaps this is part of the cut and thrust of political debate. I am not sure, however, that we will convince people by asking them whether they want to leave the European Union. That is not on the table, but it is being said and does not help the debate.

With regard to the contents of the treaty, it is like what a bank manager did in pre-Celtic tiger days. When one sought a loan, one literally had to tell him or her what one had eaten for breakfast and when one had changed one's clothes. Perhaps I am being a little extreme, but I can recall sitting in front of a bank manager and enduring a forensic and surgical interrogation when I had sought a loan. At the end of the meeting I had the distinct feeling that I would be able to repay the loan, but I was in hock to the manager and the bank for all time. Until the loan was repaid I felt the bank would own me.

That has nothing to do with the European Union.

We will not have much choice but to support the treaty and will be in hock to the European Union for a long time to come.

From the first day we joined the European project our sovereignty has been diluted, although the extent to which it has been diluted has been overstated. What we have to do now is give hope to the people once again. If we do not and are not seen to be providing jobs and helping people with mortgages which may seem like mundane matters, whether we like it, it will all be linked with the referendum. I hope we will all do what is right for the country.

It is great that so much time is being given to this debate today. I will make a few points in favour of why I believe we need to vote "Yes" for the stability pact. I also want to examine the points that will come up in the "No" campaign, and how they do not really stand up.

My views are framed against the backdrop of Commissioner Olli Rehn's comments yesterday, the timing of which was not good. In the context of the negotiations in which the Minister for Finance, Deputy Noonan, is involved concerning promissory notes, Commissioner Rehn's remarks were most unfortunate. There is a court of public opinion and we all know that the Minister for Finance is doing his best. We could have no better man out there to do the job, but the Commissioner's timing was poor and unhelpful. It is not clear that Olli Rehn is aware of the current sensitivities involved. A "Yes" vote is critical because the treaty will go a long way towards fixing a currently flawed eurozone. The various fiscal policies of the eurozone countries were not close enough to support the currency, but the treaty will remedy this design flaw.

I have listened to quite a few debates on this subject and it is clear that the treaty will not confer new competencies on the European Union — they are already written into the Maastricht treaty — but it will give power to enforce that. We are now part of a euro club and there have to be rules in any club. We know about the rules that apply in GAA clubs or political parties. Entry and exit conditions apply to clubs and we are seeing that now for the first time in the eurozone, although we may not like it. The eurozone was flawed because it did not enforce the conditionality strictly enough on some members before they got in, which was particularly the case with Greece.

The treaty must be passed to allow Ireland to have access to ESM funds in the future. Although it is unlikely that Ireland will need a second bailout, the ESM safety net is needed to reassure those who are willing to invest in Ireland. Why would we cut off our source of funds? We are where we are, as the former Taoiseach, Brian Cowen, kept saying. We know why we are in this position and we know what the other side of the House signed away, but we are now trying to deal with it. We have to pick up those pieces and move on.

It is much better for Ireland to be a party to this treaty than to be the only eurozone country outside it. To remain outside will weaken our influence in Europe. We need the European economy and without the new treaty, our voice will be much weaker on economic issues. Having one eurozone country outside the treaty will weaken the eurozone as a whole, further destabilising the European economy which we need.

We must remember where we are in the world. We are an island nation off the north-west coast of Europe; a small open economy that is reliant on allies to trade. We are not self-sufficient. Our most thriving sector right now is the export industry to Britain, continental Europe and elsewhere. The Vice President of China, Xi Jinping, did not come here because he loves us. He came here because he sees us as the only English-speaking people in the eurozone that could be China's hand-holder into Europe. If we exit the euro, we will immediately cut off that linkage. China has $3.1 trillion in foreign reserves ready to invest. They want to diversify into other currencies, one of which is the euro.

I would like to make one other point. The treaty's fiscal discipline is designed to prevent another crisis like the current one. Once we reach the target deficit levels of the treaty, we will no longer be able to build up an unsustainable deficit like the current one. Would we not have wished for someone to put a brake on us in 2005 and 2006? It was tried with the Bacon report in 2001 but along came the Government——

The Senator is way over time.

I will finish on this point. Along came the Government and it heated up the market again with more tax breaks. There needs to be discipline when we cannot rely on a government to impose discipline and to regulate. Unity among eurozone countries is required now to save the euro. We have to play our best hand but we must also contribute to the European economy.

The Senator is way over time.

I thank the Acting Chairman for his indulgence.

I welcome Dr. Stephen Kinsella, from the Kemmy Business School at the Department of Economics in the University of Limerick, to the House as a rapporteur. In my experience, it is the first time the Seanad has gone in this direction of asserting an independent approach to an important issue.

The context of Senator Healy Eames's speech may apply to future European elections. She is very pro-European Union, rightly so. The comments by Commissioner Olli Rehn and others were unhelpful at this time. This treaty is so vital to the interests of the Irish nation that any statements that could deflect from the treaty itself and take votes from a "Yes" campaign are very damaging at this stage. While it may be unprecedented, the Government should publish the Attorney General's recommendation on why it is necessary for us to have a referendum to ratify this treaty. We are unlike the other 24 countries whose governments and parliaments will have the opportunity to ratify this treaty. It puts us in a very unusual position indeed.

The fact that the €3.1 billion promissory note is materialising at the end of March makes it extremely difficult politically for those in favour of the treaty to secure a "Yes" vote. The Government would be well advised not to hold the referendum until this autumn. That would give the public time to reflect on the consequences of the decision to be made by them. It is an enormous responsibility for every citizen. Fianna Fáil called for this referendum because the people must have a say in this regard. Their future is at stake in this referendum. People will vote according to the information available and in the best interests of the country and in their own best interests. It would be preferable to be inside looking out, rather than outside looking in.

It will be a laborious campaign because each item will be discussed in great detail. Each word will be analysed and everyone will have a view in this regard. A key aspect of this treaty is that 12 countries can ratify it; therefore, we have no veto. The point is that we are either in or we are out. We might decide to stay out on the basis of issues affecting different constituencies, a point made by the Minister for Transport, Tourism and Sport, Deputy Leo Varadkar, who said referendums were fought not on the main issues but on others. We found this to be the case in the first Lisbon treaty referendum when we had to take the decision to go back to the people a second time. The leader of Fianna Fáil, Deputy Micheál Martin, led the second campaign, having carried out meticulous research. I compliment the major Opposition party at the time and also the Labour Party which were in favour of the treaty. In fact, Deputy Joe Costello, now a Minister of State, was very strong on certain aspects of labour law, an issue that arose during the campaign, and his knowledge of that field was very persuasive. Because of our combined efforts, we succeeded, which was very important.

Article 12 of the fiscal compact treaty states: "The Heads of State or Government of the Contracting Parties, other than those whose currency is the euro, who have ratified this Treaty shall participate in discussions of Euro Summit meetings concerning competitiveness for the Contracting Parties". This means that the Taoiseach or the relevant Minister would be left outside the door while the representatives of those countried which had ratified and signed the treaty would be inside discussing the issues to be discussed.

Senator Fidelma Healy Eames asked why the deputy leader of China had come to Ireland. I will explain. The only friend of the Chinese in this region in the 1950s was Mr. Frank Aiken. We led China into the United Nations, even though major pressure was being exerted within the State. However, there was no mistake in the decision he made. I accept that we are an English speaking nation on the western seaboard of Europe and closely linked to America, but we should be very proud of this aspect and recognise the links——

There are reasons, past and current.

In a discussion such as this it is good for us to have a debate across the floor in an orderly manner. I would be happy to see an intervention to confirm the point being made. I am sorry we do not have more time to discuss this issue, but I hope we can work together on it. It will be a tough, hard campaign that will be fought door to door in the next few months and I hope it will be successful.

As I said last week and previously, the referendum to be held will define our future one way or the other. It will either define it positively if we vote in favour and join the fiscal compact treaty, or in a very different way if we reject it. We would then be opting to be in a league that was not centralised and not playing ball with centralised states, a point on which we all need to reflect. We need to realise that, as individuals and leaders within our communities, we have a responsibility to explain the treaty to the people in simple, straightforward, easy to understand language. Unfortunately, the language of previous treaties was complicated rather than straightforward. The first Lisbon treaty referendum would have been successful had it not been for the complexity of language used and the sidestepping by all parties and none but particularly by those opposed to it.

I see the fiscal compact treaty simply as an insurance policy. When people take out an insurance policy on their homes, they sign on the dotted line and agree to certain terms and conditions such as not recklessly leaving windows open or agreeing to set the alarm. With the fiscal compact treaty we are buying into an insurance policy, but in order to make sure it is successful, we must comply with certain obligations. When things go wrong, at least we would have a mechanism in place to support us.

I admire Senators on all sides of the House who have been extremely pro-European Union. I have listened to Senator Terry Leyden speak for many years and his commitment to the European Union is something of which he can be proud. The Fianna Fáil Party has had a very proud leadership role within the Union which must be acknowledged. While we may differ on certain aspects of the issue, the two major parties in the Oireachtas are, by and large, singing from the one hymn sheet. That is good for Ireland and will be pivotal in ensuring the message is delivered effectively and simply during the referendum in order that when the people vote, they will know what they are voting for. This is crucial as, particularly in the first Lisbon treaty referendum, they did not know what they were voting for.

Perhaps they did; perhaps that is why they voted against it.

They did not. If the Senator looks at the research carried out post the referendum, they said they did not have a clue what they were voting for and that was why they had voted "No". Thankfully, in the second Lisbon treaty referendum, enough people were informed because the major political parties took their responsibilities seriously and sold the message in more simplified language which, while not as simplified as I would have liked, was good enough to bring some 68% of the population on board. I would like to see a situation where the compact treaty will be endorsed by a greater number. When the people study exactly what is being proposed, they will realise it is a tidying up exercise to ensure our house will be properly insured and the country will play a central and leading role within the European Union. I understand Ireland is the only country in which a referendum is being held; therefore, the Irish people are the only ones being given an opportunity to exercise their democratic right. When the treaty is passed, as I believe it will be, we will restate our position within the Union in which we have always been to the forefront. We have always punched way above our weight and always played a pivotal role. We have always had much greater influence than a country with a population of approximately 4 million would necessarily have.

I look forward to a robust, well informed debate that I hope will not just take place among those aged 18 years upwards but will percolate through second and primary level because the school pupils concerned will have a key role to play in future years. Not alone do I hope the Referendum Commission will do its job with those eligible to vote but also that it will maintain a keen interest in those who will be eligible to vote in coming years.

Is mór agam an deis seo labhairt ar an ábhar tábhachtach seo le léiriú go bhfuilimid i Sinn Féin ag cur i gcoinne an chonartha áirithe seo agus ba mhaith liom na cúiseanna leis a léiriú. Seachas a bheith ag cur amach raiméise, mar atá curtha go dtí seo, go gcaithfear amach as an euro sinn agus as an Aontas Eorpach sinn mura bhfuilimid sásta glacadh leis an chonradh seo, ba mhaith liom díriú ar na fíricí sa díospóireacht seo. Séard atá sa chonradh seo ná socrú fioscach idir cuid de na tíortha atá san AE, ní hiad ar fad. Tá sé chun an scéal a dhéanamh i bhfad níos deacra do phobal na tíre seo agus táimid chun an ghearchéim eacnamaíoch atá againn a fhadú ar feadh na mblianta fada má leanaimid leis.

On 31 January the Government signed the eurozone austerity treaty and on Thursday, 28 February announced its intention to hold a referendum on the treaty. The reason we have the treaty is that core EU member states such as Germany and France want to impose stricter fiscal discipline on peripheral EU economies such as Portugal, Ireland and Greece. The aim of the treaty is to strengthen the enforcement of existing rules and impose some new ones in terms of government deficits, debt and budgetary policy.

This eurozone austerity treaty is not a European Union treaty. The British Government refused to allow it to become EU law, thus it takes the form of a separate, non-EU, intergovernmental treaty. This means it is outside the scope of European Union law, although, controversially, it alters the manner in which the European Union's policies and institutions operate. Article 3 of the treaty is the most important and states that governments' budgets must be balanced or in surplus. The article makes significant changes to the existing European Union treaty rules on fiscal policy known as the Stability and Growth Pact. Some of these changes were included in a European Union legislative proposal agreed in November 2011 known as the six pack. However, by placing them in an intergovernmental treaty, they are more binding and permanent. This means that if ratified, future governments will be obliged to implement pro-austerity, anti-stimulus budgets in perpetuity. This limits significantly the freedom of decision making of governments in the future, irrespective of the mandate they receive from the electorate. The key provisions of Article 3 includes a new structural deficit target of 0.5%, a restatement of the existing Stability and Growth Pact deficit target of 3%, a debt target of 60% of GDP, a requirement for member states that breach these targets to return to them rapidly and an option for breaching these targets in exceptional circumstances. Put in plain English, this means the ability of future governments to borrow or to run deficits in times of recession will be limited severely if not removed outright. It also means the current Government will be obliged to implement austerity budgets beyond 2015.

Article 4 restates the existing Stability and Growth Pact requirement for estates that breach the 60% debt ceiling to reduce the excess portion of that debt by 5% annually. The preamble to the treaty reminds one of the existing mechanism for enforcing the Stability and Growth Pact targets known as the excessive deficit procedure. Article 5 of the treaty goes further and introduces new measures aimed at compelling member states in breach of the targets to take action deemed necessary by the Commission and the Council. There is a new obligation to enter a budgetary and economic partnership programme involving detailed structural reforms aimed at reducing debt and deficit levels. This essentially is a eurozone version of the troika austerity programmes that member states legally will be obliged to accept when they breach the debt and deficit targets. Articles 7 and 8 make three more changes, the first of which is that the excessive deficit procedure becomes automatic and will require a majority of the European Council to block it. The second change is that member states now can take one another to the European Court of Justice if they believe the debt and deficit rules are not being respected. The third change is that the European Court of Justice can fine an errant member state for not complying with the rules, with such a fine being up to but not exceeding 0.1% of a member state's GDP. In Ireland's case, this would amount to approximately €155 million, based on 2011 GDP figures.

Article 12 creates a new parallel governance structure for the eurozone based on the existing eurozone summit meetings but outside the framework of the existing euro governance framework. This will not apply to all eurozone countries, irrespective of whether they ratify the treaty Article 16 states that the content of the austerity treaty will be incorporated into European Union treaty law within five years of coming into force. The preamble to the treaty makes ratification a condition for accessing future European Union bailout funds from the European Stability Mechanism, ESM. The treaty governing the ESM funds also has been amended. This means that if Ireland says "No" to this treaty, it could be excluded from applying for ESM funds in the future. However, it is unlikely that the European Council would enforce this rule as it would have serious implications for the member states concerned and the eurozone as a whole.

There are two key arguments against this treaty. The first is it will impose greater levels of austerity on citizens for an indefinite period. One economist has estimated it will require, at a minimum, a further €6 billion in cuts and tax hikes after 2015. The second argument is it significantly undermines the choices available to future Governments to manage the State's economic affairs and, in so doing, undermines our sovereignty. Few commentators have managed to summarise this compact in as concise manner as Fintan O'Toole who stated:

The fiscal treaty does not deal in "facts". It is right-wing opinion given the force of law. The "structural deficit" is a highly contested interpretation of complex data — trying to make it a legal concept is nuts.

The treaty effectively is being used to get the French and German Governments over the line for mere political purposes in a year in which they are in election mode. Precious few people believe this treaty will have a positive effect and in recent days, a right-wing conservative Spanish Prime Minister has come out against it and has claimed the rules are far too rigid and draconian. Germany breached the deficit rules in 1994, 1996, 2003 and 2006, as well as in each year since 2009. It has broken the debt-to-GDP rule in each year since 2003. France has broken the deficit rule in each year since 2003 and has breached the debt-to-GDP rule in each year since 2003.

Sin iad na pointí atáimid ag díriú ar an ábhar. Ní bhaineann sé seo le ballraíocht san Aontas Eorpach nó san euro. Baineann sé le rialacha breise fioscach a chur i bhfeidhm ar an tír seo nach bhfuil ar mhaithe leis an tír. Sin an fáth go bhfuil Sinn Féin ag cur ina choinne go láidir.

Were Ireland to reject the treaty, who would support us were we attacked again by market speculators? Moreover, who would lend money to the Government to keep running the services and to pay for social welfare benefits and the salaries of nurses, gardaí and all the other service providers? If no one will lend to us, who will fix the €16 billion deficit straight away? Doing so would cause hardship to the unemployed on a scale beyond anything that has been experienced previously. I have listened carefully to this debate, which I greatly welcome. In particular, I listened to the contribution from Senator Ó Murchú, who spoke of how some people may not have €100 in their pocket at present. Members know of many such people throughout the country. What if, as a country, we were in such a position and did not have the money to pay for the aforementioned services? Senator Ó Murchú also mentioned the time when one was obliged to go to one's bank manager cap in hand. Perhaps, had people been in that position in the recent past, our country would not have been allowed to slip into its present state. We have been led to this point by the lending of money by reckless banks to people for mortgages. When such people were getting their mortgages, the banks also invited them to borrow more money to buy cars or jeeps, to build a garage or to carry out some other work, and this was a new phenomenon in Ireland.

Members are aware of how good the European Union has been to Ireland in the past, particularly in respect of the agriculture sector. Ireland has benefited in a range of ways and I note the single farm payment has brought in billions to the country. Moreover, I refer to our exports across the world and to European countries in particular, where we export 90% of our produce derived from agriculture. Another very important point concerns the Structural Funds received by Ireland and down through the years, Members will have seen the signs along the roads showing where such money was being put in place by the EU. It is extremely important that we remain good Europeans. We must look forward and create jobs but cannot do so without having in place the necessary funding and money. If we are to do anything to stop emigration, it will be important to look in that direction. Some people might argue that Ireland will lose its sovereignty but it is better to lose one's sovereignty in the short term — I note it is lost at present — in a manner that would allow the Government to avoid sacrificing the children in the future and to have in place the necessary funding for the future.

As stated previously, it will be very important to stay with and support the euro. This would take away the fear felt by people a number of months ago when the euro was under threat. I am sure all Members shared my experience of people knocking on my door and wondering what they should do. They were wondering whether they should move money out of the eurozone or buy sterling. There was considerable fear and this measure will dispel it. It also will give Ireland greater bargaining power when the Government is negotiating at the European table, as it has been in recent years. It will give it bargaining power to maintain its position. Moreover, as many speakers already have mentioned, this treaty is an insurance policy for Ireland for the future.

I agree this treaty forms only part of the solution and it pertains to better management of national budgets to restore our confidence. This will go hand in hand with greater efforts to support growth across the rest of Europe. This is what the Government is working towards in Europe in its efforts to create new markets and to reduce bureaucracy and red tape. The Taoiseach also has made clear that this is a once-off decision. Ireland cannot prevent other countries from ratifying the treaty and the train is leaving the station next January. It will leave without us and consequently, it is extremely important that Ireland be on that train.

I am grateful for a working paper provided by Peadar Ó Broin for the Institute of International and European Affairs for much of my contribution because, to a layman, he encapsulates a great deal of the compact's complexities and breaks it down into highly manageable language. Interestingly, he begins by stating, "It is essentially a political vehicle designed to satisfy German politicians who are becoming increasingly unsettled with the burden Germany is carrying in terms of providing liquidity to euro area states that have required emergency funding." However, the good news is that the fiscal compact only creates one extra obligation whereby states will be required in ratifying its provisions to create national debt brakes. Mr. Ó Broin observes that the fact that such brakes can be suspended during periods of economic calamity means that immediate implementation of debt reduction rules under the fiscal treaty can be waived "for the foreseeable future". As Ireland is a programme country, it would not come under these resolutions once the referendum was passed.

Mr. Ó Broin also states another important aspect of this matter is that if all euro area states sign up to the treaty, there may be room for core states — Germany, France, Finland and the Netherlands — to consider implementing ad hoc agreements that might include the European Central Bank stepping up its purchases of sovereign debt, the part-mutualisation of sovereign debt in the euro area and an increase in the effective lending capacity of the EFSF and the ESM. He notes that “Whether this proves to be the case depends on ratification of the fiscal treaty, due to take place in 2012.”

Another interesting aspect of this complex matter is, as Mr. Ó Broin states:

Despite running to roughly ten pages of text [Senator Trevor Ó Clochartaigh quoted liberally from it], the vast majority of the content of the fiscal treaty reproduces provisions that already exist in either the EU Treaties or secondary legislation. In fact, if condensed, the treaty's ‘innovations' [such as they are] could probably fit onto two pages.

Those on the "No" side have been making a big deal of the fact that we are going to suffer a further erosion of our sovereignty and enter a period of semi-permanent austerity. Mr. Ó Broin makes the point:

The treaty is also notable for its promotion of [what is called] the open method of coordination . . . The open method of coordination ensures that Member States remain fully sovereign over their own budgetary processes, but are obliged under the fiscal treaty to share information and, if necessary, accept proposed alterations to national debt reduction plans from other Member States or the Commission.

This is the position in which Ireland, as a programme country, occupies. Mr. Ó Broin continues:

There are essentially four key elements of note in the fiscal treaty: the establishment of a ‘Golden Rule' to ensure budgetary discipline; the policing of the Golden Rule at national level through so-called ‘debt brakes'; the policing of national budgetary control at supranational level through a stricter excessive deficit procedure, including legal penalties and control by the European Court of Justice; and new institutional architecture for euro area governance.

Mr. Ó Broin also states, "The debt brake is the only real innovation in the fiscal treaty." We voted for something similar in this country.

Senator Trevor Ó Clochartaigh referred to the defaults by several states which happened as a result of the Maastricht treaty, under which what was to be a 3% deficit was instituted. Ireland was one of the few countries which adhered to the rules with regard to its deficit. During the period when Germany and France were not adhering to the budget disciplines required, Ireland was running a surplus. In 2006 the then Minister for Finance, Brian Cowen, had a surplus of over €3 billion, some €2 billion of which he used to reduce the national debt. He invested the other €1 billion in the capital programme. It is interesting that in April 2007 the International Monetary Fund observed that the risks to the global economy were "extremely low".

The other aspect of the treaty is that, ostensibly, it represents a strategy on the part of the core member states — those which are providing the money — to ensure the loans made to countries on the periphery. In practice, this means that Greece, Ireland and Portugal and probably Cyprus, Italy and Spain will be required to ratify the treaty if they wish to continue receiving emergency loan disbursements from the euro area's monetary fund. Mr. Ó Broin states Britain's open opposition to the proposal contained in the treaty perhaps stemmed from the referendum lock contained in the European Union Act 2011 which requires the British Government to hold a referendum on any change to the EU treaties' transfer powers from member states to European institutions. He then observes that the Prime Minister, Mr. David Cameron, would not have relished holding such a referendum.

On a number of previous occasions I have referred to a particular book, This Time is Different, the title of which refers to the recurring belief we are now too smart to have crises. The book traces the various financial crises since the 12th century and its authors show that serial default on external debt has been the norm throughout the world since the birth of capitalism. However, they also indicate that after crises of this nature, house prices fall by an average of 35% for approximately six years, unemployment rises by approximately 7% for five years and GDP falls by 9% for two years. They further show that it takes four and a half years for output to reach pre-crisis levels and that average government debt rises by 86% after three years. The last of their observations to which I will refer is the fact that the biggest driver of increases in debt is the inevitable collapse of tax revenues which governments suffer in the wake of deep and prolonged output contractions. This is exactly what happened to Ireland. Voting for the treaty will, at least, ensure we will have some hope of freeing ourselves from the clutches of austerity rather than, as has been suggested by those on the “No” side, falling into a state of semi-permanent austerity.

I welcome the opportunity to contribute to the debate on this important treaty. It is useful that Seanad Éireann is engaging in such a debate at this early stage. What is key is not ensuring the treaty is passed by the people in a referendum in a few months' time but, more importantly, ensuring they vote "Yes" in a progressive and enthusiastic fashion. In that context, the electorate must be extremely well informed. Unlike the position in previous referendums, it must not be the case that the Government will be obliged tothreaten or blackmail the public into voting "Yes" on foot of fears about what would happen if we were to vote "No". We must pursue the political objective of ensuring the vast majority of the people not only vote in favour of the treaty but that they do so because they believe it to be in the very best interests of every citizen throughout the country.

I wonder what the history books 500 years from now will state about the Europe of the 20th and 21st centuries. It will certainly make for interesting reading. I am sure one of the matters on which they will concur is that the project relating to reuniting a continent divided in the wake of two world wars, bringing about the European Union, which resulted in the bringing down of the Berlin Wall and the institution of the common currency was one of the most progressive of its kind in the history of civilisation. Overall, the project has been good for everyone in Europe and we must ensure we will continue to play a central and integral role in it.

The fiscal compact treaty is neither the beginning nor the end of the project. Unlike the treaties of Lisbon, Maastricht and Nice, there is no question of Ireland having a veto. This is because the treaty only needs to be ratified by a majority of eurozone members. It is important that Ireland, given its current economic plight, be centre stage in European policymaking. A resounding "Yes" vote by the people on the treaty would provide a strong guarantee in respect of our continuing to have influence in Europe. It would also ensure that if further supports are required from the European Union, these would be forthcoming.

The debate in which we are engaging is part of the first phase of educating and informing the electorate on what is contained in the treaty, in the first instance, and, probably more importantly, in the second, what it does not contain. We do not want a referendum campaign based on scare tactics. I hope that in advance of the establishment of the Referendum Commission and the holding of the referendum, the Government will, at least, ensure a copy of the treaty and a simple explanatory memorandum will issue to every household in the country. That is not too much to expect. We believe in democracy. However, democracy does not come free of charge. There would be some financial cost in issuing a copy of the treaty to all households, but it should not be beyond our means, even in these straitened times, to ensure this happens in the coming weeks. Like any document, it may not be read in every house but we want to ensure that information is available. Therefore, the educational side of this referendum is important and people must understand what they are voting for. This is about housekeeping. I was at a Fine Gael meeting in Midleton on Monday night and was asked to explain what the treaty was about. It was the last question I expected and I did not have a 20 page reply on hand. In my best hamfisted way, I said I saw the treaty as being about good housekeeping for Europe and Ireland. In the past decade or so, the European and Irish economies saw fiscal responsibility go out of fashion, with excessive borrowing becoming the norm and overspending resulting in people not being able to pay their way. We must ensure that will not happen again.

This is not about an austerity treaty but rather a common-sense treaty to ensure the next generation will not have to go through what the current generation is going through. Rules and regulations will be put in place which are fair but flexible, firm but real. That will be the kernel of the debate once the referendum campaign gets under way. It is understandable that the public is exerting maximum pressure on the Government to ensure problems such as our debt crisis and the promissory notes are put on the agenda, debated and resolved. I have every confidence that the Government is working hard and will make progress on these vital areas in due course. Nevertheless, it is wrong to expect overnight miracles. It took our country a full decade to get into the appalling current economic crisis, and this will not be solved overnight. We require political and economic management at a high level. We are beginning to see progress and the Minister for Finance is doing a good job of turning around the economic ship of state.

With regard to the banking debt and promissory notes, we hope for progress and believe it will come, but the treaty is a stand-alone issue. It is a common-sense treaty that is good for Ireland and Europe. I look forward to more engaged debate when the campaign starts but I appeal to the Government to ensure no voter on referendum day can say he or she does not know what it is about, that he or she is ill-informed and there was no explanatory note or sufficient information from the Referendum Commission. In this case we must ensure that everybody is fully informed.

I became chairman of Eurocommerce, based in Brussels, in 2006 and held the post for three years. That meant I spent much time not just in Brussels but in each of the other 26 member states as well. The respect for Ireland in 2006 was significant and everybody told us how well we were running the economy and what a success we had been. People noted our achievements. By 2009 and 2010, we found ourselves at the other end of the spectrum and people asked how we got it so wrong. We must return to where we were, and we can do so.

I am reminded of a comment from my father when I started in business in 1960. He told me a person's good name is very important and that I should always pay my debts so as not to get a bad name for unpaid debts. That is why I believe Ireland has taken the right steps, in spite of a costly impact on our economy and all the austerity. It is far better that we realise that our good name is more important than the alternative. I can see the number of people in Europe and around the world who are gaining respect for Ireland in spite of the significant cost to its people. I support the austerity movement and that we are paying our debts, although we are being criticised very severely for it. The problem is that austerity will not return wealth to us and we must hope that confidence will return to the European economy. To a large extent, this is a psychological crisis. It was interesting to hear a senior EU official quoted as stating:

It is a matter of confidence. The consumer has abdicated. When you keep hearing talk of Greek default and the end of the euro, you will save your money rather than spend it.

We cannot go on running up massive sovereign debt, which has been part of our system. Professor Philip Lane argues:

The accumulated evidence of the past 30 years is that many governments have suffered from a debt crisis. The electoral cycle means a government may prefer to boost short-term popularity by raising spending or cutting taxes rather than maintaining a low debt level, and such a myopic approach can go on for a long time as the full cost of a high debt level is only revealed during crisis points which happen very rarely.

Governments are also forced to spend surpluses during boom times, and we are well aware of the position here. The public demanded tax cuts during the good years and the minimum wage and social welfare were increased. We became very generous to citizens because we could afford it. Senator Barrett spoke yesterday about the fact that we do not have many economists in the Department of Finance, and very little economic analysis was done, or none at all. It should be said that a former Minister, Charlie McCreevy, had some foresight in creating the National Pensions Reserve Fund, and more structures like it should have been put in place. Those of us who were in these Houses at the time must take the blame, and although we recognised what the Minister was doing, we now recognise it was not enough. The new fiscal governance in the European Union will, I hope, solve such major problems.

Other countries learn from experience. Sweden's good performance during the euro crisis has been partly credited to its fiscal law, which was introduced after its banking crisis in the 1990s. It is almost good to have a crisis as the countries behave afterwards, and I hope we will behave in future. Despite this, all is not clear when we consider what other countries are doing. An interesting development has taken place in Spain, where the Prime Minister told the EU to forget the budget deficit target agreed to by Spain this year. Rather than a 4.4% of GDP deficit, it would aim for a significantly looser 5.8% of GDP target. He made this statement within minutes of agreeing to the previous target and argued it was done to give Spain more breathing space and put money into initiatives like job creation. Is it fair that rules are in place and can be ignored? We do not have the same economic sovereignty but do the actions of Spain show that we could push the EU to allow us do the same? I hope the negotiations, led by the Minister for Finance, Deputy Noonan, on the restructuring of banking debts will be successful. That would mean the burden of losses - the mortgages - could be lifted from some of the banks.

With mortgage debt rising, we must have some sort of debt relief in place sooner or later. That is a coming issue and it will be addressed to a fuller extent in the immediate future. The referendum could have a major effect on our return to the financial markets and we must do everything to regain our sovereignty. We must help Greece as part of the EU. What many people forget is that we are seen as the most successful of the countries to manage our way through crisis. If we reject the new rules, we may require a new bailout and we would not receive assistance under the European Stability Mechanism, ESM.

Last Monday, the Estonian ombudsman asked the country's top court to decide if a special voting procedure within the new permanent eurozone bailout fund, the ESM, is in line with the Estonian constitution. The argument is that the emergency voting procedure favoured big countries and jeopardises the principle of parliamentary democracy. I do not know if there will be a problem but it is interesting to consider how this fits in with the supposed equal status of EU membership.

This may be the first time I have spoken in the Chamber without a Minister present and I am not sure what happened today.

For the Senator's information, this new procedure was agreed with all Members. It was the same with the job creation debate. We are having a debate in the absence of a Minister but with a rapporteur present who will take a note of Senators' contributions and feed them back to the relevant Minister.

I appreciate Senator Bacik's clarification and I am pleased to note the rapporteur is taking a note of our comments. I was unaware the Minister would not be present as I did not understand the procedure that had been agreed. Nevertheless, I am pleased to have had an opportunity to debate the treaty.

I am pleased to have been present for the contributions of Senators Quinn and Bradford and fully subscribe to the views both Senators expressed so well.

The fiscal treaty is a matter of common sense and good housekeeping. We are all conscious of the plight of the country, from which I hope we are slowly but surely recovering. Irish people have instinctively felt part of Europe since we entered the then European Economic Community. We subscribed to the various changes made along the line and adopted various treaties. Ireland is very much part of the eurozone and is one of 17 member states involved therein. We could not countenance not being part of the euro. It is our currency and we have become more than acclimatised to it. We take pride in sharing the same currency with other countries and we would not consider returning to the punt as to do so would result in a major devaluation. Ireland would not be able to stand on its own two feet. By the same token, we could not countenance becoming aligned to sterling, as was the case in the recent past, as to do so would not serve us competitively as regards our export trade.

Being realistic about this issue, I hope the Referendum Commission will do an excellent job in disseminating proper information to every citizen. It is vital that we have a proper and informed debate on this matter because we are at a crucial crossroads. This is an intergovernmental treaty which may proceed once it has been adopted by 12 countries. This means we would be left out if we were silly or stupid enough to reject it.

Many extraneous matters will be brought into the debate. Promissory notes, for instance, are a separate issue. We must deal, in a good housekeeping sense, with the fact that we are spending €14 billion more per annum than we are generating through taxation. The treaty is a sensible exercise in good housekeeping. We have been given a number of years to get our house in order by eliminating the current deficit.

On the promissory note, which is a separate matter, we have full confidence in the Minister for Finance, Deputy Noonan, who is doing a good job on the issue. Negotiations are ongoing and, in time, I hope they will reach a successful conclusion under which the maturity date for the notes will be extended and the interest rate reduced. However, it should be recalled that the issue is not tied up in any way with the fiscal stability treaty.

It is very much in our interests to build on the steady progress the country is making. It may be slow but it is also sure. International investor confidence in this country is rising, resulting in many new investments. We are already benefiting from some much needed new jobs and we want this investment to continue. The ratification of the treaty by popular vote will be a vital step in further rebuilding the economy and enhancing our international reputation. We are at a very important stage in our economic recovery. The referendum gives us an opportunity to reaffirm our commitment to membership of the euro, to which we are committed. As I stated, no one seriously countenances leaving the single currency. We must remind ourselves of this because rejection of the treaty would place membership of the common currency at serious risk. The euro is a fundamental pillar of our economic and jobs strategy.

The stronger fiscal rules provided for the eurozone, including Ireland, are good, basic housekeeping standards which we need to reaffirm. Commitment to responsible budgeting is important because we do not want the current problems to be repeated or another Government to inherit the legacy bequeathed to the current Administration. It should be noted, however, that the Fianna Fáil Party has taken a responsible position on the treaty and is moving forward with us in the best interests of the country to have the treaty approved. Financial and budgetary management is key and intertwined with membership of the euro. These issues are of such importance to our economic health that acceptance of the treaty is more than a no-brainer. Membership of the euro and acceptance of the treaty are a get-out-of-jail card, so to speak. I look forward to the remainder of the debate.

I concur with everything Senator Coghlan said. Fianna Fáil is a pro-EU party and is 100% supportive of the fiscal treaty and the Government's position on it. I am a convinced europhile. As a tiny country on the periphery of Europe and at the edge of the Atlantic with a population of 4.5 million, it is critical for our continued economic development that we fully participate in the European Union and eurozone. Since the 1970s, Ireland has attracted multinational investment, primarily from the United States, because we have access to a substantial European market. Recent enlargement has increased the population of the EU to almost 500 million. Being the only English speaking people in the eurozone provides us with a major competitive asset.

The vision of the founders of the European Union has been delivered. Since its foundation, we have had political stability and peaceful relationships between two of the key protagonists in European wars, France and Germany. While Chancellor Merkel and President Sarkozy are fiercely criticised, they work together and are serious about their business. Fianna Fáil is fully behind the treaty. The treaty offers some enhancement with respect to the Stability and Growth Pact rules to prevent a recurrence of the eurozone's sovereign debt crisis. Putting in place a credible commitment to responsible budgeting will keep bond yields low and unlock credit availability for investment in job creation.

As the Cathaoirleach is aware, I have called for credit to be freed up for companies on numerous occasions. As I indicated on the Order of Business this morning, I do not understand the complacency of Government Senators in the face of the current crisis and absence of liquidity in the economy. Companies can only grow their business and create employment if they have access to cash. The most recent figures from ISME are dire. Claims by the Irish Banking Federation and various banks that businesses are securing loans are untrue. I am very disappointed that the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, believes what the banks are saying and does not believe what ISME which represents small and medium businesses are telling him. If the banks give loans, they attach incredible collateral requirements. On the latest requirement about which I heard yesterday, a small businessman who had been dealing with his bank for 25 years was asked for a copy of his passport. His company employs about six workers. It has kept going through thick and thin and having survived the recession, it is farcical that the bank asked for the passport of the man in question. I look forward to the Minister for Finance, Deputy Michael Noonan, being in the House next week when I can ask him what he is doing about getting the banks to deliver. The people have bailed them out and now they are bluffing the Government.

This is not an austerity treaty, as my Sinn Féin colleagues claim. It is totally incorrect to suggest budgetary correction is being imposed by external official lenders and could be avoided if the country retained the ability to borrow in the markets. Without the support of the official lenders, the expenditure cuts and tax increases would have been accelerated. In the next few years there will, unfortunately, be more expenditure cuts and tax increases.

The fiscal compact treaty has been designed as a tighter set of budgetary rules to improve the Stability and Growth Pact which has been much infringed upon and which came into effect following the signing of the Maastricht treaty. It aims to enshrine German-style discipline across Europe, with which I totally concur, with states committing to strive for a balanced budget, with almost automatic punishments if they stray from the path of fiscal rectitude. While there is very little enthusiasm for the initiative outside Germany, for months Chancellor Merkel has been insisting that a new pact is required to anchor a more sustainable fiscal culture in the law of member states. The Czech Republic joined Britain in staying outside the treaty and Britain has only stayed outside it for narrow-minded nationalistic reasons, but the other 24 member states have agreed to participate in it. As a result, it will be an international agreement operating outside the framework of EU law.

Germany is a role model. I started a company during the last recession solely to create employment — that was my agenda, it was not to make money. In the business I gained satisfaction by seeing a person get a job. One could see the physical and mental transformation in a human being on getting a job as there is nothing more awful than being unemployed. It breaks my heart, therefore, that the Government believes what the banks are telling it. If the banks released money into the economy, it would give people hope. One man queuing outside the RDS, when interviewed last week, said there was no hope, that he had a small business and wanted to stay here but could not because people were not being given any hope, no money was available and families were packing up and leaving, which is our loss. I wish the Government every success in seeking to have the treaty passed.

I welcome the opportunity to participate in this debate and debate the treaty in a different environment, namely, in the absence of a Minister, as happened in the debate on job creation, given that the comments we make will be brought to the attention of the relevant Minister. I am grateful for the presence of a rapporteur who will feed back a summary of the ideas raised. I know that the Minister for Enterprise, Jobs and Innovation, Deputy Richard Bruton, indicated to the Leader, Senator Maurice Cummins, that he had found the summary of the ideas raised in the debate on job creation very useful.

It is important that we are debating the treaty in advance of a date for the referendum being set. This gives us an opportunity which I very much welcome to explore in some detail its content. Critically, in the lead in to a referendum campaign, particularly this one, we need to ensure the people are fully informed, that information on the content of the treaty is made available, that the information provided is clear and objective, that copies of the treaty are accessible, that the context for the treaty is explained and that the background to it is explained. The treaty is relatively short. It is certainly much less complex than previous EU treaties. It is not, in fact, an EU treaty, a point to which I will return. Reading it in isolation may not be the best approach, as having some context is necessary.

It is important to highlight a few key messages. Senator Mary White summed up accurately what the treaty was about in terms of setting a goal of having balanced budgets and a corrective mechanism where particular financial disciplinary measures were not reached. If one looks at the treaty in some detail, one can see that, first, there are difficulties with its title which is lengthy. It is commonly referred to as the fiscal compact treaty or the fiscal stability pact. It has been suggested we might most concisely refer to it as the stability treaty. That is a good idea — that we all have a clear title for it from the start. It is important also to note that the recitals in the first eight pages are not part of the meat of the treaty, but they set the context for it and refer to some previous measures adopted at EU level.

It is important to examine the articles of the treaty. Title I, Article 1 deals with the purpose and scope of the treaty. It clearly sets out the three goals or purposes of the treaty, namely, to foster budgetary discipline, to strengthen the co-ordination of economic policies and to improve the governance of the eurozone. Previous speakers described each of these critical goals.

As previous speakers said, this is not an EU treaty, as not all member states have signed up to it. The United Kingdom and the Czech Republic remain outside. It is not an EU treaty because all EU treaties require agreement by all 27 member states, rather its status is that of an intergovernmental treaty which will come into force on 1 January 2013 or an earlier date if and when 12 member states in the eurozone ratify it. This is particularly significant for Ireland because it means we do not have a veto on its adoption. It will be adopted, regardless of whether the referendum is passed in May or June this year.

On Title II which deals with consistency and the relationship with EU law, it is important to note that EU law has primacy over the treaty. Although it is not an EU treaty, clearly, it is very closely linked with EU law. The treaty builds on measures already agreed at EU level, in particular through the six-pack reforms agreed to in late 2011 by EU Ministers to reinforce the Stability and Growth Pact and the continued existence of the euro. At the very helpful Oireachtas Library and Research Service's briefing on the treaty last week it was pointed out that about 90% of what was contained in the stability treaty had already been agreed and was already part of the agreed reforms to the Stability and Growth Pact. There is not a great deal that is new in the treaty because it builds on so much of what has already been agreed. It builds on existing commitments by which Ireland is already bound.

Title III of the treaty sets out the key rules which have been referred to as the three targets, namely, that the government deficit must not exceed 3% of GDP, that the structural deficit must not exceed 0.5% and that the ratio of debt to GDP must not exceed 60%. There is also the small print which covers, for example, how a temporary deviation is permitted in exceptional circumstances and the automatic correction mechanism is triggered, about which we have spoken, which includes the obligation of contracting parties to correct the deviations over a defined period.

While Article 3(2) sets out that the rules must be included in national law within one year after the entry into force of the treaty through provisions of binding force and permanent character and preferably constitutional law — probably the best known phrase in the treaty — Articles 3 and 4 will not have automatic or imminent application in Ireland. As we know, the debt brake, set out in Article 4 with the goal of reducing excessive deficits, will not be applied to Ireland because our programme with the troika takes precedence over the provisions of the treaty. The measures set out in the treaty will not apply to us until after 2015 by which date, as we know, we must reduce our deficit to less than 3%. We will then have a three year grace period to 2018 before the full measures contained in the treaty will kick in. That is a critical point to be made in arguing in favour of the adoption of the treaty.

There is plenty more to say about the treaty which I hope we will discuss again in the weeks and months in the lead-up to the referendum. It is critical to point out that this is a treaty aimed at ensuring greater stability in the eurozone and that we will not again face the crisis we have experienced to date. There is nothing particularly new in it. Even Article 8 which others have mentioned and which enables other member states to take a member state in default to the European Court of Justice is not a new procedure. There is already a mechanism under EU law whereby a member state can take another member state to the European Court of Justice for alleged breaches.

There is much in the treaty that must be teased out. It is hugely important to ratify it in the interests of Ireland and the eurozone. I very much hope there will be a very robust debate on it and that the referendum will be passed with a substantial majority. I believe people will recognise the huge advantages for us and the eurozone generally contained in it. The critical point, that it is first and foremost about stability, must be made and at the forefront of the referendum debate.

Like other speakers, I am delighted to have an opportunity to contribute to this important and significant debate. It is also timely, given that the people will shortly be asked to vote in a referendum that will be significant both to Ireland and the European Union.

The EU fiscal compact has been designed to prevent a repeat of the Greek debt crisis, of which we are all well aware, in any of the member states of the eurozone. Much has been said about the referendum. The treaty was signed by the Taoiseach in the last few weeks and the debate on the referendum will continue in the coming weeks. We are still waiting for a date to be set for the referendum; we are not sure whether it will be before or after the summer recess. When the date is set and the Referendum Commission is established, it is important that the commission inform the people in a clear and concise way about what is contained in the document. Sometimes in the past the commission could have been accused of not providing enough clarity in the information provided. It is, therefore, incumbent on the commission, when established, to ensure the information is clear, concise, to the point and explains what is contained in the treaty in the most simple way possible.

There is a major financial crisis in Europe which the ECB, with the European Commission playing a central role, is trying to control. We are obviously concerned about what is happening across the eurozone and within the European Union, but we are particularly concerned about what is happening here, especially with regard to Ireland's debts relating to the banking sector, including the promissory notes for the former Anglo Irish Bank. It would be wrong to expect that we will receive any guarantees of a write-down of any part of the debt if we vote in favour of the treaty, but the European Commission and the ECB should look with favour at the steps the country is taking to meet all the targets set in the EU-IMF programme. There should be some respite with regard to the banking debt being borne by the country which is so significant and will be paid for with funds either available in Ireland or borrowed.

The major question concerns the manner in which the treaty has been formulated. The country has a deficit of €15 billion in its annual public spending. This deficit is being funded by funds from outside the country under the EU-IMF programme. Some of the money is certainly coming from EU sources in the programme under the two mechanisms in place. The treaty sets out a clear agenda for amalgamating the €500 billion available under these mechanisms with the new European Stability Mechanism. If Ireland opts out or decides not to vote in favour of the treaty, according to how the treaty is structured, we will not be able to access that pot of €500 billion on which we are so heavily dependent.

We should not ask the people to vote for the treaty just for that reason. The issue is much wider than this. The targets, confines and protections attached to the new treaty apply to all member states, not just Ireland. The first two countries to break the terms of the agreement under the Growth and Stability Pact which this treaty is replacing were Germany and France, not Ireland. The treaty, therefore, will also give smaller countries protection. However, it is important that the Government, at every opportunity between now and when the referendum is held, set out clearly to the European Commission and the ECB that we are seeking assistance to try to write-down or provide a respite from some of the banking debts which the country must bear.

Senator Ivana Bacik spoke about Article 8 and some of the changes being made in the treaty. Article 8 sets out the legal action the Commission can take against member states. That is also provided for in the Growth and Stability Pact. However, what concerns me is the fact that the Commission can take a case to the European Court of Justice and the court may impose a penalty appropriate in the circumstances and which does not exceed 0.1% of a country's GDP. Obviously, there is a need to have sanctions, but I hope large member states such as Germany and France would not use this as a wedge with which to attack smaller member states such as Ireland by using their influence at Commission level. While the treaty has been signed and we must accept it, this is something the Government should raise at intergovernmental level with the powers that be in Europe prior to the referendum vote, whether it is in the spring, summer or the autumn. It is imperative and in the best interests of the country that the people vote "Yes" to the treaty, support it and keep open the European Stability Mechanism funds to fund the ongoing programme we entered into with the European Union and the IMF.

We must pass the fiscal compact treaty to remain at the heart of the eurozone. We are the only English-speaking people in the eurozone, which is an advantage in attracting foreign direct investment. I am from Dundalk where it has just been announced that 1,000 jobs will be created by PayPal. I am not saying the Government was totally responsible for this. I make the point because Senator Terry Leyden referred to Frank Aiken who brought the shoe factories to Dundalk. He was a good man. I was very impressed by the contributions of Fianna Fáil Members to this debate. I said to myself: "Here is a party which is going back to its roots." I welcome its support for the treaty.

It is said we should not go any further on this course. However, I was struck by what Giovanni Trapattoni said last week when he was asked if he was going to change course. He said he had set his course, that he knew what he was going to do and that if he was to change course, they would hit the rocks. I believe something similar. I do not suggest the rejection of the fiscal compact treaty would have a single calamitous effect, except that were we to change or fail to remain on course, we would hit the rocks. We would have access to the European Stability Mechanism, were we to need it. As Ireland is paying its way so well, perhaps in time we might drop the word "bailout" and state we have paid our way. A bailout is when one does not pay one's way. Perhaps in time we might collectively be able to state we paid our way.

I was impressed by the point made by Senator Thomas Byrne when he stated Members would be obliged to go a little deeper into what was meant by the term "structural deficit". It is a complex concept that will come up during the debate on the treaty. If I may again quote popular culture, it is akin to the episode of "Father Ted" in which Fr. Dougal is asked whether he has a problem with anything in religion. He replies that he does not, apart from "this God thing". Perhaps deeper consideration must be given to this concept in order to explain it to the people.

I have listened to the debate, the contributions to which have been excellent. It constitutes a further step taken in the Seanad towards explaining the proposed treaty to the people and having it passed for the good of the country.

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