Committee Reports > List of Committees > Joint > 2001 > Committee on European Affairs > Report - The Treaty of Nice

TITHE AN OIREACHTAIS

An Comhchoiste um Ghnóthaí Eorpacha

Tuarascáil maidir le Conradh Nice

HOUSES OF THE OIREACHTAS

Joint Committee on European Affairs

Report on the Treaty of Nice

(Pn.9987)

Bealtaine, 2001

May, 2001

TITHE AN OIREACHTAIS

An Comhchoiste um Ghnóthaí Eorpacha

Tuarascáil maidir le Conradh Nice

HOUSES OF THE OIREACHTAS

Joint Committee on European Affairs

Report on the Treaty of Nice

Bealtaine, 2001

May, 2001

Contents

1. INTRODUCTION

1.1The Treaty of Nice was signed by the Foreign Ministers of the fifteen Members States of the European Union on 26 February, 2001.

1.2The Dáil and Seanad have passed the necessary legislation in order for the question of ratifying the Treaty to be put to the people, by way of a referendum on an amendment to the Constitution.

1.3The wording of the proposed constitutional amendment to Article 29 is as follows:

"7° The State may ratify the Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts signed at Nice on the 26th day of February, 2001.

8° The State may exercise the options or discretions provided by or under Articles 1.6, 1.9, 1.11, 1.12, 1.13 and 2.1 of the Treaty referred to in subsection 7° but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.".

1.4The date for the referendum has been set for June 7.

1.5The Joint Committee agreed on 28 March to place advertisements in the national newspapers seeking written submissions on the Treaty of Nice. All written submissions received were considered by the Committee.

1.6The Joint Committee on European Affairs was also addressed by a number of organisations and other bodies on this matter.

1.7A special meeting of the Joint Committee was held on Thursday, 24 May to discuss this draft report.

2. WRITTEN SUBMSSIONS TO THE JOINT COMMITTEE

2.1The Joint Committee conscious of the need to encourage a full debate on the provisions of the Treaty of Nice and anxious to ensure that all views were heard, agreed on 28 March, 2001, to place an advertisement in the national newspapers seeking written submissions on the Treaty of Nice. A copy of the advertisement, as published, is contained in Appendix III.

2.2.1In response to the advertisement submissions and other correspondence were received from the following:

•Mr. Patrick O’Connor;

•Colonel James Mortell;

•Professor Eamon O’Dwyer;

•Professor John Maguire;

•Ms. Dolores Taaffe;

•Mr. Myles Tierney;

•Mr. Noel Conway;

•D.S. O’Buachalla;

•Action From Ireland (Afri);

•Dr. Patricia Conlan;

•NEART;

•Mrs. Lelia O’Flaherty;

•Proinsias De Rossa TD, MEP;

•Patricia McKenna, MEP;

•Mr. Michael Sheehan;

•Irish Farmers’ Association.

2.2.2The Joint Committee considered these submissions and agreed that they be included in this Report. In addition, further to consideration by the Joint Committee of the written submission from Afri, that organisation was invited to make an oral presentation to the Committee.

2.3The Joint Committee also received three written submissions which were either anonymous or considered by the Committee to be of a frivolous and vexatious nature. The Joint Committee agreed that these submissions are not to be included in this Report.

3. PRESENTATIONS TO THE JOINT COMMITTEE

3.1In consideration of likely time constraints the Joint Committee agreed on 28 March, 2001, that, in addition to the placement of the advertisement, it should proceed and invite certain organisations that it considered to have a special interest in the Treaty of Nice to make an oral presentation to the Committee.

3.2 Irish Business and Employers Confederation (IBEC)

3.2.1On 4 April, 2001, the Joint Committee heard a presentation from Mr. Arthur Forbes and Ms. Heidi Lougheed of IBEC. The presentation covered the extension of majority voting, voting procedures in the Council, reform of the Commission, enhanced co-operation and enlargement.

3.2.2IBEC supports the enlargement process and, accordingly, the Treaty of Nice. IBEC states that it is unimaginable that Ireland, the Member State that has benefited more than any other from membership of the EU, would consider trying to veto accession to the EU of the poorest countries on the Continent of Europe.*

3.3 European Movement Ireland

3.3.1The Committee was addressed by Mr. Alan Gillis and Ms. Patricia Lawler of European Movement Ireland at its Meeting of 25 April, 2001. The presentation focused on the enlargement process, the benefits to Ireland, the provisions of the Treaty and the Referendum debate.

3.3.2European Movement Ireland is of the opinion that “it is in Ireland’s national interest that this Treaty be ratified. A positive vote by Irish citizens will also send a clear message of welcome to our neighbours in central and eastern Europe”.*

3.4 Peace and Neutrality Alliance (PANA)

3.4.1A delegation from the Peace and Neutrality Alliance consisting of Mr. Roger Cole and Mr. Feargus MacAogáin also addressed the Joint Committee on 25 April, 2001.

3.4.2PANA stated that it will be campaigning for a “No“ vote in the referendum. The objective of such a campaign is to have the Treaty re-negotiated and to include a Protocol excluding Ireland from involvement with or payment for the European Rapid Reaction Force.*

3.5 The National Platform

3.5.1Mr. Anthony Coughlan made a presentation to the Joint Committee on 2 May, 2001 on behalf of The National Platform. In his presentation Mr. Coughlan outlined the position of The National Platform and its opposition to the Treaty on the grounds that it creates a two-tiered Europe and alters the balance of power in favour of the larger Member States.

3.5.2Mr. Coughlan furnished the Committee with copies of The National Platform publication “The Alternative White Paper on the Treaty of Nice” * in which it is stated that “we have to fulfil our obligation to democracy and the rest of Europe by rejecting this divisive and unbalanced Treaty”

3.6 Irish Congress of Trade Unions (ICTU)

3.6.1On 2 May, 2001, the Joint Committee also heard a presentation from Mr. Peter Cassells, Ms. Patricia O’Donovan and Mr. Frank Vaughan of ICTU. The presentation addressed the issues of enlargement, free movement, the Charter of Fundamental Rights, Qualified Majority Voting and Irish Neutrality.

3.6.2ICTU offered that it will be supporting the Nice Treaty and will recommending to workers and their families to vote “yes” in the forthcoming Referendum to enable the Treaty to be ratified.

3.7 Institute of European Affairs

3.7.1The Committee was addressed by a delegation comprising Mr. Joe Brosnan, Ms. Brigid Laffan, Mr. Patrick Keating and Ms. Jill Donoghue of the Institute of European Affairs at its meeting of 9 May, 2001.

3.7.2The Institute of European Affairs supports the Treaty of Nice and has published a number of Reports in the matter. These Reports* entitled “Enlargement: Challenges and Opportunities”, “What the Treaty of Nice Means” and a summary of the latter were circulated to Members of the Committee.

3.8 Action From Ireland (AFRI)

3.8.1The Committee also heard a presentation from Mr. Joe Murray and Mr. Andy Storey of AFRI on 9 May, 2001. AFRI has stated that it will be campaigning for a “No” vote in the forthcoming Referendum. In its presentation, AFRI focused on the issue of the militarisation of the EU area.

3.8.2AFRI concludes that “to halt the insecurity-inducing trend of current policies, and to begin the process of promoting genuine security through greater attention to conflict prevention and peace-building activities, would be a greater service to prospective new members than would unthinking ratification of the Treaty of Nice”.*

3.9 Irish Creamery Milk Suppliers Association (ICMSA)

3.9.1A delegation from the Irish Creamery Milk Suppliers Association comprising Mr. Pat O’Rourke and Mr. Ciarán Dolan addressed the Joint Committee on 16 May, 2001. In addition to the likely impact (of the Treaty) upon Irish Agriculture, the presentation addressed a number of aspects of the Treaty such as the proposed changes to the Commission, the Presidency of the Commission and the re-weighting of Council Votes.

3.9.2Mr. O’Rourke concluded by advising that the ICMSA will to recommend a “yes” vote in the Referendum on the treaty of Nice, provided ICMSA receives a firm assurance from the Government that EU funding for agriculture and rural development will be adequate to fully meet the obligations under the Agenda 2000 Agreement and safeguard the financing of the European Model of Agriculture post 2006, after enlargement. *

4. CONCLUSION

4.1The Joint Committee engaged in this process of seeking written submissions and hearing presentations as a means of facilitating greater public debate on the Treaty of Nice. Considering the response to its advertisement and the number of oral presentations made, the Committee is satisfied that it has achieved the initial objective of encouraging a wide ranging debate.

4.2The Joint Committee is grateful to those who responded to the advertisement placed in the national newspapers and to those organisations that made oral presentations to the Committee as it ensured that a wide variety of opinion and expertise on the Treaty was made available to the Committee to assist it in its deliberations.

4.3.1The Joint Committee has given careful consideration to the various opinions offered and submissions made.

4.3.2The Joint Committee having considered all the submissions made concludes that the ratification of the Treaty of Nice is in Ireland’s economic, social and political interest and in the interest of the European Union and the applicant countries generally.

________________

Bernard J. Durkan

Chairman

24 May, 2001

Appendix I

JOINT COMMITTEE ON

EUROPEAN AFFAIRS

List of Members

Joint Committee on European Affairs

Orders of Reference

(1) (a)That a Select Committee, which shall be called the Select Committee on European Affairs, consisting of 14 members of Dáil Éireann (of whom 4 shall constitute a quorum), be appointed to consider such –

(i)Bills, the statute law in respect of which is dealt with by the Department of Foreign Affairs, and

(ii)proposals contained in any motion, including any motion within the meaning of Standing Order 149(A) concerning the approval by the Dáil of international agreements involving a charge on public funds, as shall be referred to it by Dáil Éireann from time to time.

(b)For the purpose of its consideration of Bills under paragraph (1)(a), the Select Committee shall have the powers defined in Standing Order 78A(1), (2) and (3).

(c)For the avoidance of doubt, by virtue of his or her ex officio membership of the Select Committee in accordance with Standing Order 84(1), the Minister for Foreign Affairs (or a Minister or Minister of State nominated in his or her stead) shall be entitled to vote.

(2) (a)The Select Committee shall be joined with a Select Committee to be appointed by Seanad Éireann to form the Joint Committee on European Affairs to—

(i)consider such matters arising from Ireland’s membership of the European Communities and its adherence to the Treaty on European Union, as it may select,

(ii)consider such—

(I)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)acts of the institutions of those Communities,

(III)regulations under the European Communities Acts, 1972 to 1998,

(IV)other instruments made under statute and necessitated by the obligations of membership of those Communities,

as it may select,

(iii)consider such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas, and

(iv)represent the Houses of the Oireachtas at the Conference of European Affairs Committees (COSAC),

and shall report thereon to both Houses of the Oireachtas.

(b)The quorum of the Joint Committee shall be 5, of whom at least 1 shall be a member of Dáil Éireann and 1 a member of Seanad Éireann.

(c)The Joint Committee shall have the following powers:

(i)the powers defined in Standing Order 78A(1) to (9) inclusive, and

(ii)the power to refer a proposal for EU legislation which has been considered by it (and which has been concluded to be of sufficient national importance to require further scrutiny) to a Select Committee on which has been conferred the power defined in Standing Order 78A(4) to consider such proposals.

(d)The following persons may attend meetings of the Joint Committee and of its sub-Committees and may take part in proceedings without having a right to vote or to move motions and amendments:

(i)members of the European Parliament elected from constituencies in Ireland (including Northern Ireland),

(ii)members of the Irish delegation to the Parliamentary Assembly of the Council of Europe, and

(iii)at the invitation of the Joint Committee or of a sub-Committee, as appropriate, other Members of the European Parliament.

(3)The Chairman of the Joint Committee, who shall be a member of Dáil Éireann, shall also be Chairman of the Select Committee.

(1) (a)The Select Committee shall be joined with a Select Committee to be appointed by Seanad Éireann to form the Joint Committee on European Affairs to—

(i)consider such matters arising from Ireland’s membership of the European Communities and its adherence to the Treaty on European Union, as it may select,

(ii)consider such—

(I)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)acts of the institutions of those Communities,

(III)regulations under the European Communities Acts, 1972 to 1998,

(IV)other instruments made under statute and necessitated by the obligations of membership of those Communities,

as it may select,

(iii)consider such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas, and

(iv)represent the Houses of the Oireachtas at the Conference of European Affairs Committees (COSAC),

and shall report thereon to both Houses of the Oireachtas.

(b)The quorum of the Joint Committee shall be 5, of whom at least 1 shall be a member of Dáil Éireann and 1 a member of Seanad Éireann.

(c)The Joint Committee shall have the following powers:

(i)the powers defined in Standing Order 65(1) to (9) inclusive, and

(ii)the power to refer a proposal for EU legislation which has been considered by it (and which has been concluded to be of sufficient national importance to require further scrutiny) to a Select Committee which has been conferred the power defined in Standing Order 65(4) to consider such proposals.

(d)The following persons may attend meetings of the Joint Committee and of its sub-Committees and may take part in proceedings without having a right to vote or to move motions and amendments:

(i)members of the European Parliament elected from constituencies in Ireland (including Northern Ireland),

(ii)members of the Irish delegation to the Parliamentary Assembly of the Council of Europe, and

(iii)at the invitation of the Joint Committee or of a sub-Committee, as appropriate, other Members of the European Parliament.

(2)The Chairman of the Joint Committee, who shall be a member of Dáil Éireann, shall also be Chairman of the Select Committee.

Appendix II

Appendix III

Appendix IV

Appendix IV – Presentations to the Joint Committee

▪Irish Business and Employers Confederation [April 4] – together with copy of the Irish Business Bureau European Monthly Newsletter;

▪European Movement Ireland [April 25] – together with a briefing Paper on the Rapid Reaction Force;

▪Peace and Neutrality Alliance [April 25];

▪The National Platform [May 2];

▪Institute of European Affairs [May 2];

▪Irish Congress of Trade Unions [May 9] see summary;

▪AFRI [May 9] see written submissions in Appendix III;

▪Irish Creamery Milk Suppliers Association [May 16];

* A copy of the IBEC submission and its European Monthly Newsletter (March, 2001) is appended to this report.

* A copy of the European Movement Ireland submission and a briefing note on the Rapid Reaction Force is appended to this report

* A copy of the PANA submission is appended to this report.

* A copy and summary of this publication is appended to this report.

* The reports are available through the Institute of European Affairs at a cost of £10. The Summary is also available at a cost of £5.

* A copy of AFRI’s written submission on which this presentation was made is appended to this report (see Appendix III).

* A copy of the ICMSA submission is appended to this report.