Dáil Éireann Debate, Wednesday - 15 July 2015
7. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will provide a reading room to enable Oireachtas Members access departmental documentation on the Transatlantic Trade and Investment Partnership; and if he will ensure the EU Commission establishes a reading room for Oireachtas Members in its Dublin office as already provided for Members of the European Parliament in Brussels. [28664/15]
Amharc ar fhreagraTransparency is the ally of the citizen and where there is a lack of transparency and affairs are shrouded in mystery, we see that the interests of the citizens are not upheld.
The IBRC and NAMA are organisations where we see that in practice. The Transatlantic Trade and Investment Partnership is shrouded in secrecy. It is very difficult for elected representatives, even with the discussions we have had in the House, to be fully aware of the details on what is actually happening at negotiation level. Our own Emily O'Reilly, the European Ombudsman, has stated this time and again. What will the Minister do to ensure elected representatives in the Dáil will have access to that information?
To be fair to all concerned there are unprecedented efforts taking place to make the EU-US trade agreement as transparent as possible. All EU text proposals on the EU-US trade negotiations are now published on the European Commission website, generally within a week or two after each negotiating round. The website also includes a wide range of position papers, fact sheets and documents explaining positions. In addition, there is consultation with stakeholders after those rounds. All departmental documentation is available on request, subject to any legal restrictions, and my Department has published relevant documents, such as the recently commissioned study on the economic impact of an agreement on Ireland. I have briefed the committees of the Oireachtas and my officials are available to respond to any requests, subject to any legal restrictions.
The European Commission is obliged under the treaty to keep the European Parliament informed about trade negotiations. The arrangements in place between the European Commission and the European Parliament as regards access to documents, which are governed by the framework agreement between the European Parliament and the European Commission, are a matter for the two institutions concerned. There are not, to my knowledge, any similar framework agreements with national parliaments. However, the rules governing access to EU documents contained in Regulation (EC) No. 1049/2001 have as their purpose the widest possible access to documents. The procedures for applying for access to documents from the relevant EU institutions are set out in the regulation.
By their nature, negotiations are evolving and not all documents considered in such context are for publication. Notwithstanding those constraints, the European Commission is determined to make the process as transparent as possible.
The European Ombudsman, Emily O'Reilly, has established two separate investigations into the European Council and the Commission on the lack of transparency around negotiations. In her report she calls for public access to consolidated negotiations texts, greater proactive disclosure of TTIP documents and increased transparency as regards meetings that Commission officials hold on TTIP with other businesses, organisations, lobby groups and NGOs. This is a big sphere of leverage that is being put onto this particular negotiation. She has also called for the Commission to establish a comprehensive list of public and non-public TTIP documents and for greater proactivity concerning the publication of documents, including agendas and minutes of meetings with lobbyists. Emily O'Reilly has called for the Commission to extend the transparency obligations as a result of meetings with stakeholders to ensure EU officials involved in the TTIP negotiations only meet with interested representatives who are registered with the transparency register. At this stage the US is making some of these documents available through its embassies throughout Europe. Commissioner Malmström has stated it is up to particular governments, that is, the Minister, to ensure access by elected representatives, such as me, have access to these documents. Will the Minister give us access to these documents? Will he give us a reading room?
The position on access for the European Parliament is set out in the framework agreement. Part of the increased transparency is that it will provide broad access to all MEPs, subject to appropriate modalities to be agreed with the Parliament to ensure the confidentiality of the information provided, including taking the appropriate steps in the event of unwarranted disclosure of documents themselves or their content. MEPs are getting a certain privileged access subject to restrictions and obligations upon them. In terms of all other public interest, the Commission has made extraordinary new efforts to open this up. All the documents are provided. A full list of the documents that are going to the European Parliament is shared generally. There is an extensive report on the negotiating rounds. There is online material that explains the negotiating positions. There is engagement with civil society and the public at political and working level and increased communications and outreach efforts, and we are attempting to do the same. I have attended numerous briefings for parliamentarians and non-parliamentarians. We have invited people to contribute to debates and we have exposed everything we have that could contribute to an understanding of the issues. Clearly there are procedures in place whereby if the Deputy wants access to a particular document that is not in the public domain-----
The Minister mentioned that representatives in the European Parliament are getting privileged information. It is a privilege to be a public representative. Access to information which affects the people one represents is not a privilege; it is a right for public representatives. We are always told that nobody takes an interest in the European Union. Now people are taking an interest in particular negotiations and what is happening? There is a battening down of the hatches to try to stop the dispersal of information. This is a massive ceding of sovereignty. This is one of the biggest economic agreements to which the State will ever be party and yet the information we are getting is second-hand and the majority of elected representatives in this particular seomra have no iota of what is happening with TTIP.
What I am asking the Minister is very clear. We have been told by Commissioner Malmström that a reading room where we could gain access to all the documents that are already accessed by MEPs could be made available in this Oireachtas. Will the Government make such a reading room available? Emily O'Reilly has asked what MEPs do with the information once they get to see it in the reading rooms. At present they are prohibited from communicating that information any further than those reading rooms. That issue needs to be addressed. Will the Minister make a reading room available and, if so, will he allow elected representatives use that information in the best interests of citizens?
I have to deny categorically that there is any effort by either the Commission or anyone else to conceal information. There is a huge effort to make the information publicly available.
Why then the investigation of the Ombudsman?
In any such discussions there is confidentiality around individual items. There is commercial confidentiality. There is confidentiality that is recognised in our freedom of information process. Where there is a negotiation or a deliberative process one does not have a right of access to all the papers that might be engaged in. It is recognised in every freedom of information legislation that there is such a deliberative process. In some negotiations there are sensitive issues that have to be dealt with. Obviously the Commission has agreed to give limited access to members of the European Parliament.
Will the Minister give those to us?
As the Deputy rightly said, they are under restriction. If they get access to confidential documents it is to inform them and it is not for them to pass it on.
Will the Minister give access to these?
There are certain restrictions but in general we make everything available that we can and the Commission makes everything available that it can.
The Minister has not answered the question. Will he give access to us?
It has made huge efforts to do so and has a whole document on transparency.
I ask Members to obey the clock as we are way over time.
