Senator De Búrca contributes to the debate on the referendum legislation seeking the approval of the people to ratify the EU reform treaty

April 30, 2008

I welcome the Minister to the House and the opportunity to debate this Bill which is necessary to enable the State and Irish people to ratify the Lisbon treaty. As we are aware, we are the only country in the European Union that is to have a referendum on the treaty, which places a particular responsibility on us. As we know, the treaty is a legal document which represents a compromise between the interests of 27 member states.It is complex document which takes some reading and understanding and there is a particular responsibility on those of us who belong to the political classes to promote, explain and interpretaspects of the treaty for members of the public. The public must also educate and inform itself over the coming weeks. 

It is a shame other member states in the European Union are not having a referendum. At the time of the drafting of the EU constitution, the Green Party supported the idea of an EU-wide referendum where a double majority would be sought, made up of a majority of states supporting the treaty and a majority of population. Unfortunately that was not supported. I have every confidence that in future we will see these kinds of EU-wide referenda but we must accept that for the moment, the constitutional requirements of other member states are that they do not need to do as Ireland is doing by having a popular referendum. Parliamentary ratification is the mode of ratification for European treaties in other cases. We have an opportunity and responsibility to educate and inform ourselves and I hope the Irish people will participate in this so they can feel they can go to vote on the treaty on 12 June with a very clear idea of what the treaty is about. 

I am obliged to respond to some of the points raised by Senator Norris. I am disappointed to see the Senator join the ranks of people whom I can only describe as demonising the European Union. I do not mind anyone finding fault with the treaty; it is not perfect and is a compromise between the interests of 27 member states. There are areas in the treaty which are of concern to the Green Party and we have not pretended otherwise. However, the list of negative descriptors of the European Union is unfair. 

Senator Norris admitted he has supported previous treaties. There are many ways in which the European Union has been very positive for this country and its people. We have emphasised how it has been very important economically in terms of market access, the attraction of foreign direct investment and protecting those countries in the eurozone from instability in the international financial markets. That is happening today and we have been protected because of our membership of the eurozone. 

We also have influence within organisations such as the World Trade Organisation, the World Bank, the International Monetary Fund and so on. As a small country our influence would be absolutely minimal but as a part of the European Union, we can exert more influence for the good of other parts of the world.

Senator David Norris
I am waiting for the Senator to tell me how I demonised the Union. 

Senator Déirdre de Búrca
Socially, this country has benefited enormously from our EU membership and I am sure Senator Norris would be very aware that most of the progressive employment and equality legislation we enjoy in this country is a direct result of our EU membership. It is easy to forget all that, and it seems the EU is now bad, has evil intentions and just wants to create an army and dominate the rest of the world. I cannot recognise the European Union that both of us know in the description by Senator Norris. 

Senator David Norris
I quoted from some of the leaders. The “demonising” came from the European head bottle washer. 

Senator Déirdre de Búrca
On the environmental side, as far as the Green Party is concerned, the European Union is the best thing to happen to Ireland where protection of the environment is concerned. Most of the positive environmental legislation which we have taken our time in implementing has come directly from the European Union. 

Senator Norris is also very aware that the European Union has united what was previously a divided continent. There has been peace on the continent for the past 50 years and the Union is playing a positive role in other parts of the world, such as Aceh, Bosnia and Kosovo. It is keeping the peace and helping those areas maintain stability in difficult circumstances. It is also the largest donor of financial aid to the developing world, a fact of which Senator Norris is also aware. These are important points to make on a day he is being so critical of the European Union. 

Senator David Norris
The Senator has not answered any of my criticisms. 

Senator Déirdre de Búrca
We must also consider the new emerging world order where there are leading countries such as India, China and Russia with human rights records that do not bear comparison with the European Union. It is important to think of a strong European Union operating on the global stage, promoting values such as democracy, the rule of law, equality, sustainable development, the rights of minorities and their protection, etc. It is important we have a strong European Union operating at a global level. 

I will touch briefly on some elements of the Lisbon treaty. One of the very positive factors of the treaty is the way it sets out the values of the European Union very clearly. It discusses the promotion of human rights, democracy, the rule of law and equality between men and women, which is very important and a value from which Irish women have benefited. 

It speaks of the rights of the child and a commitment to tackling and reducing poverty internationally. There is also the promotion of sustainable development, which will be absolutely essential in an age when we are realising there are limits to economic growth and we must respect the natural limits of our planet. Climate change is one of the factors forcing us to do so. 

The values expressed within the Lisbon treaty are very positive. It is clearly up to us as politicians, as a member state of the European Union and as citizens to push the Union to uphold and promote those values. We should not be complacent and we must ensure they are being implemented and respected in all the actions and policies of the European Union. 

The Lisbon treaty sets about reforming the institutions of the European Union. Some people are crying loudly that Ireland’s influence is being seen to be reduced. There has been a reduction in some of Ireland’s influence in some European institutions but we must consider that the Union has expanded enormously from the community Ireland entered into originally. 

As Ireland becomes accustomed to working with other member states and has increasing confidence in its ability to form alliances and so on, we do not necessarily need to hold on to vetoes. It will become impossible to operate with 27 member states if the veto is to be used in many policy areas. With many of the reforms in the Lisbon treaty, although Ireland may find its influence reduced somewhat, we have the confidence in our own ability to be able to operate. We recognise that for a supranational body such as the European Union, it would not be possible for it to continue to make effective decisions if we held on to some of the decision-making processes in place in the past. 

The Lisbon treaty also makes the European Union more democratic. There is a role for national parliaments in keeping an eye on the subsidiarity principle, ensuring decisions are being made at the right level. There is the citizens’ initiative, where citizens can come together to petition the European Commission to introduce new legislation. There is also the substantially increased powers of the European Parliament, a directly elected institution, so citizens of Europe can ensure the institution that most directly represents them can exercise significant clout in decision-making. 

The Lisbon treaty is also strengthening the European Union’s ability to act globally, and there are a number of different measures in this respect, including the creation of a more permanent Office of President of the European Council. The External Action Service is created by the Lisbon treaty and a legal personality will be given to the European Union that will allow it to sign up to international treaties such as the Kyoto Protocol. There is also the role of the high representative for foreign affairs and security matters. That brings more coherence and concentration to the common foreign and security policy of the European Union. 

There is also a clear and welcome commitment to tackling climate change. Some opponents of the treaty have said it contains only six words in respect of this matter. As far are the Green Party is concerned, however, these are probably the six most important words in the treaty. Without any doubt, climate change is the most serious and gravest threat facing the global community. The European Union has shown great leadership on this issue to date. More needs to be done and the Union must to be able to bring member states with it in the context of making some of the changes that will be necessary. If it is successful in this regard, our economy will be much more adaptable to the new circumstances in which we will find ourselves. There will have to be a “greening” of the European economy and the latter will have to become much more sustainable in the coming decades. The European Union’s track record on climate change indicates that it will be committed and successful in the way it approaches this matter. 

Energy is a new policy area in respect of which the European Union will gain competence under the Lisbon treaty. If the treaty is ratified, the European Union will become a world leader in the area of renewable energy. There is a real need for the latter, particularly because it is one of the serious responses to the threat of climate change and will help us decarbonise our economy. Many new employment opportunities will be created as a result of developments in this regard. 

The Lisbon treaty strengthens the concept of EU citizenship. The Charter of Fundamental Rights clearly sets out the rights and entitlements of EU citizens in respect of health care, education, fair and just working conditions, protection in the event of dismissal, etc. If they examine the provisions of the Lisbon treaty, people will be aware of the particular benefits, rights and entitlements that are theirs as a result of their being citizens of the European Union. 

I commend the Bill to the House.