Committee Reports::Report No. 07 - Review of the Functions of the Joint Committee on the Secondary Legislation of the European Communities::13 February, 1991::Report

REPORT on Review of the Functions of the Joint Committee on the Secondary Legislation of the European Communities

Introduction

1.It is almost 18 years since the Joint Committee was first appointed. Over that period, apart from some procedural amendments (see para 5, particular) and the assignment of a special duty in relation to Member of the European Parliament (MEPs) its Terms of Reference have remained largely unchanged. The Joint Committee in this report examines its operation and evaluates its effectiveness, under its present Terms of Reference, to act as a scrutiny committee on behalf of the Dail and Seanad, having regard to the developments that have taken place in the Communities over the period of review.


In the report, the Joint Committee, in accordance with the special duty assigned to it, deals also with the position of MEPs and the Dail and Seanad.


The report was drawn up for the Joint Committee by its Sub-Committee on Statutory Instruments and Legal Affairs under the Chairmanship of Senator Tom Hussey. The Joint Committee is indebted to Senator Hussey and his colleagues for their painstaking work.


Origin of the Joint Committee

2.Our accession to the European Community (EC) (1) in January, 1973 involved for the Oireachtas a major curtailment of the exclusive legislative autonomy which it had previously enjoyed. The new legal order to which Ireland was obliged to adapt, permitted by amendment of the Constitution, takes precedence over the national system of law-making in the areas covered by the Treaties. In effect, the institutions of the Community possess an independent law-making power which binds Member States and, in some cases, the individual citizens in those States, without the intervention of any domestic legislation.


3.It was against this background that the Joint Committee on the Secondary Legislation of the European Communities was established in 1973 by both Houses of the Oireachtas. The object was to endeavour to influence Community legislation in those areas in which the Houses had surrendered their exclusive legislative powers and to supervise the implementation, where such is necessary, by domestic legislation, of Community law in Ireland.


Constitution of the Joint Committee

4.As the Joint Committee is the main instrument through which the Houses maintain contact with and make recommendations about Community legislation, it is proposed to give a summary of its workings. First its composition. There are 25 Members on the Joint Committee - 18 Deputies and 7 Senators.


The political parties are represented in proportion to their overall strength in the Houses. The Joint Committee is given the duty, inter alia, of examining and reporting to the Houses on:


(i)such programmes and guidelines prepared by the Commission of the European Communities as a basis for possible legislative action and such drafts of regulations, directives, decisions, recommendations and opinions of the Council of Ministers proposed by the Commission,


(ii)such acts of the institutions of those Communities,


(iii)such regulations under the European Communities Act, 1972 (No. 27 of 1972), and


(iv)such other instruments made under statute and necessitated by the obligations of membership of those Communities.


as the Joint Committee may select.


5.The present Joint Committee (1) is the sixth to be appointed by the Houses. There have been some changes both in the Terms of Reference and composition of the various Joint Committees. The Second Joint Committee was the first to be empowered to consider “such programmes and guidelines prepared by the Commission of the European Communities as a basis for possible legislative action” (2). The first Joint Committee had MEPs as ex officio members. However, MEPs have been excluded from membership of all subsequent Joint Committees but MEPs with dual mandates are notified of meetings and may attend and participate without the right to vote. As only two (3) of the present 15 MEPs are dual mandate holders participation by MEPs in the work of the Houses of the Oireachtas is very limited.


6.In order to bridge such voids the third Joint Committee had the additional task devolved on it:


“to examine the question of dual membership of Dail Eireann or Seanad Eireann and the European Parliament and to consider the relations between the Irish representatives in the European Parliament and Dail Eireann and Seanad Eireann and to report thereon to both Houses of the Oireachtas”


The European Communities Acts

7.Directives and decisions usually require national implementing measures. While national primary legislation (ie an Act of the Oireachtas) can and is used to implement Community secondary legislation in Ireland, the most common mechanism employed is special subordinate legislation. This power is provided by Section 3 of the European Communities Act, 1972 (1), which states:-


(1)A Minister of State may make regulations for enabling section 2* of this Act to have full effect.


(2)Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister making the regulations to be necessary for the purposes of the regulations (including provisions repealing, amending or applying, with or without modification, other law, exclusive of this Act).


8.As will be seen the 1972 Act gives extraordinary delegated powers to Ministers to make Statutory Instruments. Effectively, the Government as a policy matter can decide whether to implement European Community legislation by introducing a Bill in either House of the Oireachtas, or allow the relevant Minister make a Statutory Instrument without any need for prior consultation with or debate in either House.


If this delegated power were contained in any other Act it might well be struck down by the Courts as being invalid having regard to Article 15.2.1 of the Constitution. However, the amendment of the Constitution providing for Ireland’s accession to the Communities (1) and the amendment enabling the adoption of the Single European Act (2) are intended to protect Statutory Instruments and Acts of the Oireachtas implementing Community secondary legislation from this kind of attack.


The Joint Committee has expressed its concern about the above process in the following terms:


“The Joint Committee doubts if the general public or even parliamentarians appreciate the extent to which Community law which governs activities in the fields of trade, industry, transport, agriculture and services, is continuously being incorporated into our legal system either directly or through the agency of statutory instruments made by the Ministers. The process by which Community law is produced cannot, in the Joint Committee’s view, be described as democratic. In these circumstances it seems to the Joint Committee that our National Parliament must scrutinise Community proposals and legislation in the interests of the nation and that the only practical means it has of doing this is through a committee such as the one which serves it at present”. (1)


9.Originally a control mechanism was built into the 1972 Act - Section 4. Section 4 was intended to balance this extension of executive power by requiring a new framework of parliamentary control. Any such ministerial regulation made under Section 3 would have statutory effect when made, but would require to be confirmed by Act of the Oireachtas passed within six months after they were made or lapse at the expiration of that period, but without prejudice to the validity of anything previously done thereunder. Provision was made for the Dail to be recalled if necessary to allow for this process of confirmation.


10.Section 5 of the 1972 Act introduced a further degree of control or accountability by requiring that “The Government shall make a report twice yearly to each House of the Oireachtas on developments in the European Communities”. However, debates in the Houses on these reports have been infrequent, tardy and unsatisfactory because pressure of other business has forced debates to be fragmentary. When debates do take place they are diffuse and cursory because of the very comprehensive and broad subject matter of the report. At present there is a serious delay in the presentation of these reports.


11.The experience of the Oireachtas in relation to the first confirmatory Act - European Communities (Confirmation of Regulations) Act, 1973 (1) - was far from satisfactory. The Act contained only two sections and a schedule which listed the 22 Regulations to be confirmed. The Explanatory Memorandum to the Bill was not much more revealing. In any event the question of the compatibility of the confirmation procedure provided for in Section 4 of the European Communities Act, 1972 with EC law or its reconciliation with Ireland’s obligations as a Member State is not free from doubt. For instance, failure to confirm Regulations within the prescribed time limit would cause them to lapse but Ireland’s obligation to implement EC legislation would still remain. Also, where a Community instrument is not directly applicable, an interested party could be deprived of his rights thereunder in the event of failure to confirm the enabling ministerial Regulation within the six month period.


12.In any event it was not necessary for the Oireachtas to evaluate or to become preoccupied with these considerations as the general dissatisfaction evident in both Houses with the confirmation procedure led to the passing of the European Communities (Amendment) Act, 1973. (2) This Act repealed the confirmation procedure in the 1972 Act and replaced it with the following provision (subsection 1b):


“If the Joint Committee on the Secondary Legislation of the European Communities recommends to the Houses of the Oireachtas that any regulations under this Act be annulled and a resolution annulling the regulations is passed by both such Houses within one year after the regulations are made, the regulations shall be annulled accordingly and shall cease to have statutory effect, but without prejudice to the validity of anything previously done thereunder”.


This gives the Joint Committee a statutory function. No other Oireachtas Committee has such a function.


Work Methods of the Joint Committee

13.The Joint Committee operates, in the first instance, through four Sub-Committees:


 

A.

-

Economic, Commercial and Financial Affairs

 

B.

-

Social, Environmental and Miscellaneous Matters

 

C.

-

Agricultural and Fishery Matters

 

D.

-

Statutory Instruments and Legal Affairs.

14.Under long-standing arrangements Government Departments furnish, at the request of the Joint Committee, an Explanatory Memorandum on Community proposals, indicating:-


(a)the effect the adoption of the proposal would have on existing legislation,


(b)the implications the adoption of the proposal would have for Ireland,


(c)the likely time schedule for the consideration of the proposal by the Communities’ institutions, and


(d)any other relevant information.


Departments also, under the arrangements, and subject to certain restrictions provide senior officials to appear before the Sub-Committees to assist Members in their deliberations. The Sub-Committees meet in private.


It has been the practice of the Committee to invite representatives from vocational and representative bodies and, occasionally, members and officials of the European Commission to furnish advice and make representations both oral and written.


Ministers have also accepted invitations to address the Joint Committee.


Debating of Joint Committee’s Reports

15.In 1978 an arrangement was introduced whereby the Joint Committee could arrange for its reports to be debated in either or both Houses if it so requested. To date only three such debates have taken place in the Dail but the position in the Seanad is appreciably better. (1)


16.Output of Joint Committee


The first Joint Committee (1973-1977) adopted 59 reports and the second Joint Committee (1977-1981) adopted 94 reports. The period between May, 1981 and January, 1984 was unproductive largely because of the suspension of the Joint Committee’s work by a succession of General Elections, and delays in its re-appointment. The Third Joint Committee only lasted five months and produced no reports. However, the Fourth Joint Committee (1983 - 1987) got down to a steady routine and produced 36 major reports. The fifth Joint Committee (1987 - 1989) produced 14 reports and the present Joint Committee to date has produced 7, together with two Special Reports.


Participation by Houses in Community Legislation

17.The Houses of the Oireachtas participate in Community legislation through


(a)The operation of the Joint Committee on the Secondary Legislation of the European Communities as described above;


(b)Bills before the Houses implementing Community legislation, where such Bills are necessary;


(c)Debates in the Houses on the bi-annual Government Reports on Developments in the European Communities; and


(d)Other debates in the Houses where Community legislation can be raised relevantly either (i) in the course of a general debate, eg Departmental Estimates or (ii) by means of specific motions or parliamentary questions dealing with particular areas of such legislation.


Relations with the European Parliament

18.In accordance with item 1 (b) of its Terms of Reference the Joint Committee on the Secondary Legislation of the European Communities is empowered to examine (a) the question of dual membership of Dáil Eireann or Seanad Eireann and the European Parliament (hereafter referred to as the “dual mandate”) and (b) to consider the relations between the Irish representatives in the European Parliament and Dáil Eireann and Seanad Eireann and to report thereon to both Houses of the Oireachtas.


At its meeting on 17 October, 1990 the Joint Committee remitted consideration of both these issues to its Sub-Committee on Statutory Instruments and Legal Affairs under the Chairmanship of Senator Tom Hussey. A special meeting with Irish MEPs was held on 03 January 1991. The Committee was also addressed by Mr. Dermot Scott, Head of Office ad interim, European Parliament Office, Dublin and Mr. Noel Fahy and Mr. Michael Hoey of the Department of Foreign Affairs. The Joint Committee is indebted to them for their valuable advice and assistance.


19.Following accession to the European Communities on 1st January, 1973 Ireland was entitled to have 10 delegates in the Assembly of the European Communities (1) who would be Members of either Dail Eireann or Seanad Eireann and accordingly have a dual mandate. The ten delegates were designated by the Houses of the Oireachtas. This position obtained until direct elections to the European Parliament on 7th June, 1979 when the Irish electorate elected 15 representatives from four constituencies. The term of office of the MEPs is five years. Other elections to the European Parliament were held in June, 1984, and June, 1989. The next election is due in June, 1994.


20.Article 21 (3) of the Treaty establishing the European Coal and Steel Community, Article 138 (3) of the Treaty establishing the European Economic Community and Article 108 (3) of the Treaty establishing the European Atomic Energy Community provide that the European Parliament shall draw up proposals for elections by direct universal suffrage in accordance with a uniform procedure in all member States and that the Council shall, acting unanimously, lay down the appropriate provisions, which it shall recommend to Member States for adoption in accordance with their respective constitutional requirements. Having considered proposals drawn up by the European Parliament the Council of Ministers on 20th September, 1976, laid down provisions in relation to direct elections by means of a Decision and an Act annexed thereto. (1)


21.The Act contained provisions regarding representatives to the European Parliament. For example it provided (Article 6) that it will be incompatible with membership of the Parliament to hold certain Community offices or to hold offices in the Government of a Member State.


It provided specifically (Article 5) that membership of the European Parliament “shall be compatible with membership of the Parliament of a Member State”. The Parliament is required (Article 7) to draw up proposals for a uniform electoral procedure to apply in each member State but pending the entry into force of such a procedure and subject to the other provisions of the Act the electoral procedure will be governed in each Member State by its national provisions. In the case of Ireland the latter provisions are contained in the European Assembly Elections Act, 1977 (1) pursuant to which the fifteen Irish representatives to the Assembly were elected on 7th June, 1979.


22.A Table setting out the trend of the Dual Mandate since Direct Elections to the European Parliament in 1979 together with the effect of the intervening General Elections to Dáil Eireann is set out in Appendix 2.


23.National parliaments in the Community have each reacted differently to the problems of communicating with the European Parliament, both at committee level, through the provision of common services, through liaison services and delegations, and by other means.


Most national parliaments have also taken administrative steps to improve their ability to keep their members informed about the European Parliament. Specialist services have been set up either at the level of parliamentary committees, in their research department, or in a special library section. The officials concerned are frequently responsible for operating liaison offices with the European Parliament. These arrangements are co-ordinated through the European Centre for Parliamentary Research and Documentation.


The Centre is a means of building up a network of parliamentary officials responsible for particular sectors, who feel increasingly often that they need to know what is being done in other countries and to maintain liaison at this level between national parliamentary assemblies and with the European Parliament.


24.Contact with the European Parliament by the Houses of the Oireachtas is maintained principally through the aegis of the Joint Committee. The position in other Member State parliaments is set out in Appendix 3.


As already stated, MEPs are excluded from membership of the Joint Committee and as only two MEPs hold a dual mandate the majority of MEPs are effectively excluded from participation in the work of the Dáil and Seanad.


25.In the course of the special meeting with MEPs they made clear their dissatisfaction with their isolation from the national parliament and urged that the position be redressed.


Suggestions put forward ranged from ex officio membership of the Dáil and Seanad (without the right to vote) through right of audience in both Houses to membership of the Joint Committee.


Views of the Joint Committee

26.The establishment of the Joint Committee in 1973 was innovative and at the time was seen as an adequate response by the Houses of the Oireachtas to the challenge of EC membership. Reports of the Joint Committee endeavour to cover practically every aspect of Community activity. It is in considering proposals of the Commission for regulations, directives and decisions of the Council that the Joint Committee should find the opportunity of commenting on the policies enshrined in proposed Community measures as the Joint Committee sees them affecting Ireland and making recommendations accordingly.


Through the Joint Committee it was intended that Irish parliamentarians be provided with the opportunity of forming a view on EC legislation at all stages of the law-making process, from the time the legislative idea first appears in a Commission policy document until its final implementation.


27.Since the Joint Committee was established the Community has gone through a major era of development and reconstruction.


The adoption of the Single European Act in 1987 effectively relaunched the Community. This development paved the way for the completion of the single market and unleashed a flood of legislation for this purpose.


A few years later, the Community is poised for a quantum leap toward achievement of the ideals of its founders. Two Intergovernmental Conferences are under way with a view to the achievement of Economic and Monetary Union and Political Union.


28.All of these developments have serious consequences for national parliaments including the Oireachtas. There is a danger that any shift in the institutional balance of the Community could exacerbate the challenge to democratic accountability which has been identified by the European Parliament as the “democratic deficit”.


29.The restrictive Terms of Reference of the Joint Committee confine its deliberations to EC secondary legislation and this effectively excludes consideration of the macro issues referred to above which are designed to unite the Community and allow it function as an integrated political and economic entity, while ensuring the equitable and cohesive development, socially and economically, of every region. Broadening the Terms of Reference of the Joint Committee is clearly indicated to face this challenge. The Joint Committee needs to be relaunched.


30.The Joint Committee in recent years has been trying to develop contacts with its counterpart bodies in the Member States and with the European Parliament. This development is seen as very important in view of the tendency of the Community to unite. The process will accelerate when the single market is completed. Additionally, the Joint Committee is now called upon to represent the Oireachtas in relation to Community matters, for instance, at the Rome Assises in November, 1990 that preceded the inauguration of the Intergovernmental Conferences.


31.The Joint Committee sees the elements of a revamped Joint Committee based on the following criteria:


(a)the expansion of its Terms of Reference. This could be achieved through reconstitution of the Joint Committee as a European Community Affairs Committee with power to examine all proposals affecting the Community’s development.


The following is suggested as a title for the new Committee: “Joint Committee on European Community Affairs”.


This would overcome the difficulty the Joint Committee was faced with in the past when, because of its restrictive Terms of Reference, it was excluded from considering such major issues as GATT and the effects of German unification. The present Terms of Reference may not facilitate the Joint Committee to consider the outcome of the two current Intergovernmental Conferences.


(b)A reappraisal of the resources of the Joint Committee, both human and material. As the Joint Committee is concerned with the legal aspects of Community legislation, as well as policy issues, it should have recourse, as of right, to legal advice, eg the appointment of a legal consultant, perhaps on a part-time basis. The issues considered by the Joint Committee are frequently complex and in order to keep the Dáil and Seanad fully advised on Community issues greater need of consultancy services is required to produce indept reports on major issues, for instance, in the area of economic and monetary union, CAP and fisheries policy.


(c)A formal mechanism should be put in place for debating the reports of the Joint Committee not later than 10 sitting days after they are presented to the Dáil and Seanad.


(d)An adequate financial allocation should be assigned to the Joint Committee in order to allow it keep in contact with the Community institutions and the European Community Affairs Committees of other Member States parliaments. The Joint Committee has experienced difficulties in the past in relation to the assignment of block allocations for travel by Oireachtas Committees. The result has been to put Committees in competition with each other. The Joint Committee believes that it should be allocated specific and separate funds.


(e)The Joint Committee would wish to see the production by the Minister for Foreign Affairs of the six-monthly reports “Developments in the European Communities” in good time so that debates on Community affairs can take place in the Houses while issues are current. Debates on these reports could follow up provide an opportunity for debates on the Joint Committee’s reports.


(f)The Joint Committee should produce an Annual Report which would serve as a basis for a general debate on EC affairs in both Houses.


32.In relation to the dual mandate, the first Joint Committee considered the question of direct elections to the European Parliament and dealt with, inter alia, the dual mandate. The Joint Committee concluded “The experience of the Members of the Joint Committee who are also Members of the present European Parliament suggests that dual membership will, in fact, be difficult to sustain particularly when the powers of the European Parliament are extended”.(1)


The powers of the European Parliament have, indeed, been extended since that report was presented, particularly following the adoption of the Single European Act. This development, in tandem with the sharp decline in the incidence of the dual mandate, seems to confirm the Joint Committee’s prediction. It is the Joint Committee’s contention that the dual mandate is now virtually impossible to sustain in an Irish context because of the increase in the workload at both national and Community level. Accordingly, the tendency for the dual mandate will probably be to phase itself out altogether or settle at an insignificant level.


However, the Joint Committee regards the holding of the dual mandate essentially as a matter for resolution at the level of the political parties and for that reason makes no recommendation for its prohibition.


33.On the subject of relations between MEPs and the Houses of the Oireachtas, the Joint Committee is seriously concerned about the lack of formal links between the European Parliament and the national parliament. It sees both institutions with a common purpose to ensure democratic accountability in the Community. At a practical level co-operation between Irish MEPs and the national parliament could facilitate a very beneficial and mutually helpful two-way flow of information.


34.In relation to views put forward by MEPs to redress their unsatisfactory situation vis-a-vis the national parliament, the Joint Committee would not incline towards ex officio membership of the Dáil and Seanad as a viable option, not least because amendment of the Constitution would have to be considered.


Right of audience in the Dáil and Seanad was also mooted at the meeting with MEPs. While this suggestion is not without legitimate appeal it has to be acknowledged that no other Member State parliament gives this right to its MEPs so that this proposal does not appear to be a realistic option.


35.The broad consensus at the meeting with MEPs favoured the forging of a link with the Joint Committee, constituted as the agency of the Houses of the Oireachtas dealing with EC Affairs.


The Joint Committee fully supports this proposal. It therefore recommends that a liaison body, comprising members of the Joint Committee, be established, perhaps with the status of a Sub-Committee. Members serving on this body could act as a delegation for relations with the European Parliament and other Community institutions.


In order that the new body could function properly it would be necessary for meetings to take place at various locations, eg Brussels, Strasbourg and Dublin depending on the work schedules of all concerned. The need for adequate financial resources would of course have to be considered in detail.


Provision for the above arrangement would need to be built into any the new Terms of Reference of the Joint Committee.


36.In addition to the above proposals the Joint Committee should allow the right of audience to all MEPs, irrespective of whether they are dual mandate holders or not. Special sittings could be arranged to coincide with Community holidays in order to achieve this end.


In addition it should allow the MEPs of other Member States to participate on the same basis and seek the right to have a reciprocal arrangement with the other Member State parliaments. This link up would introduce a degree of cohesion and common identity at the level of national parliaments. The Joint Committee understands that the European Parliament is moving in this direction by allowing members of the EC affairs committees of national parliaments participate in its Committees.


37.An aspect of the present Terms of Reference of the Committee that may not be fully appreciated is that any member of the Dail or Seanad may participate in the proceedings of the Joint Committee, without the right to vote. This is a distinctive feature of the Joint Committee and manifests the perception held by the Oireachtas of the proximity of Community affairs and domestic affairs.


38.The statutory function assigned to the Joint Committee under the 1973 Act - the power to recommend annulment of ministerial Regulations implementing EC legislation - is a very formal procedure. EC Directives must be implemented domestically and accordingly the Joint Committee’s resort to the annulment procedure has to be very circumspect. The Joint Committee only used this mechanism once. In general, the Joint Committee confines itself to recommending in its reports amendment of any impugned Regulation, usually on a technical basis.


A negative aspect of the Joint Committee’s statutory power is that, as only the Joint Committee can recommend annulment of Regulations under the 1973 Act, members of the Dail and Seanad who are not members of the Joint Committee are excluded from such action which they enjoy in relation to regulations under other Acts. However, such non-members may participate in Joint Committee proceedings as set out at para. 37 above.


Conclusion

39.Oireachtas Committees are an integral part of the legislature. The Dáil and Seanad can delegate functions to Committees for the effective discharge of business. The use of the Committee system in the Oireachtas can be an effective instrument of parliamentary reform.


A major weakness in the Committee system is that Committees go out of existence with the dissolution of the Dáil. There have been delays in the past in re-appointing some Committees following General Elections. This has in fact been the experience of the Joint Committee itself. Steps should be taken to have committees, in particular but not exclusively, the Joint Committee re-appointed as soon as possible after reassembly of the Houses following General Elections to Dáil Eireann and Seanad Eireann.


40.Overall the Joint Committee feels that it has performed modestly well over the period of its appointment having regard to the nature of its present Terms of Reference.


41.The Joint Committee is satisfied that if its Terms of Reference are expanded in keeping with the need for a specific function as a European Community Affairs Committee it could be given a new lease of life and respond to challenges thrown up by the Community which will have an increasing role in the political systems of Europe. However, the element of democratic accountability must be safeguarded and preserved. National parliaments must continue to have a major influence on Community politics. Otherwise there is a real danger that the EC Commission and the bureaucracy of the Council could dominate the Community institutions. This is a compelling consideration for a strong and effective watchdog committee on European affairs at national level in Ireland.


42.The proposed newly constituted Joint Committee must have real powers. Its reports must be debated in good time so that the Dail and Seanad are kept fully apprised of EC developments.


43.A significant part of the armoury of any Committee is its back-up resources. The burden of EC legislation is very heavy. The European Parliament adopts many legislative proposals every year (for example, in 1989, it adopted 261), each of which has been scrutinised in committee, a report presented, amended and adopted, before becoming a Resolution adopted in the plenary. The Joint Committee must, therefore, scrutinise a similar number of proposals and decide which are cruically important to Ireland. These must then be examined rapidly and expert reports prepared. Besides these duties the Joint Committee must keep contact with the 11 National parliaments in the Community and with the European Parliament. It must also prepare general orientation reports on broad issues, such as the Intergovernmental Conferences. It is clear that the Joint Committee, if it is to be effective to carry out its tasks, will require greater secretarial resources and greater scope for employing consultants.


44.The Oireachtas must retain a strong link with the European Parliament. They are natural allies and complementary elements in the democratic system. The Parliaments of the Members States have a common interest - the maintenance of the democratic structure of the Community. Liaison between Member State parliaments must not be underrated. The agency for maintaining and developing this contact is the EC affairs organs of the parliaments. The new Joint Committee must be encouraged to promote this aspect of Community development. A strong net-work of EC affairs committees, in close contact with each other, is an assurance against any undue encroachment on the role of national parliaments and the preservation of the concept of subsidiary. Community activity must not concentrate at the core but must radiate to the regions.


The construction of an integrated and politically unified Europe will take courage, determination and vision. The ordinary voter must not feel intimidated by or out of place in this new edifice in which he/she is a shareholder. The corridor to the new structure is through the national parliamentary systems, with its concourse in the European Parliament.


45.Finally, the Joint Committee asks the Oireachtas to debate this report at an early date with a view to agreeing the proposed new format for the Joint Committee.


_______________________


Peter Barry, T.D.,


Chairman of the Joint Committee


13 February, 1991


(1)The citations European Community, Community and EC are used synonymously with and as collective citations for the Communities established by the EEC Treaty, the ECSC Treaty and the EAEC Treaty, as amended by the Single European Act.


(1)Appointed 6 December, 1989.


(2)Fifty Fifth Report of the First Joint Committee (Prl. 6169), para 4.


(3)Deputies Blaney and de Rossa.


(1)No. 27 of 1972.


2*From the 1st day of January, 1973, the treaties governing the European Communities and the existing and future acts adopted by the institutions of those Communities shall be binding on the State and shall be part of the domestic law thereof under the conditions laid down in those treaties”.


(1)Third Amendment of the Constitution.


(2)Tenth Amendment of the Constitution.


(1)Fifty Fifth Report of First Joint Committee, op. cit., para 3.


(1)No. 5 of 1973.


(2)No. 20 of 1973.


(1)See Appendix 1 for details of debates in the Houses.


(1)Now designated the European Parliament under the Single European Act.


(1)OJL278, 08 October, 1976.


(1)No. 30 of 1977.


(1)First Joint Committee, 7th Report, 4 June 1976 (prl. 4595) para 7.