ANNEX IV Orders of Reference of the Joint Committee
Joint Committee Orders of Reference
Dáil Éireann on 16 October 2002 ordered:
“That the Orders of Reference of the Select Committee on European Affairs established on 27th June, 2002, be amended by the insertion of the following Orders of Reference in substitution thereof:
(1)(a)That a Select Committee, which shall be called the Select Committee on European Affairs, consisting of 11 Members of Dáil Éireann (of whom four shall constitute a quorum), be appointed to consider—
(i)such Bills the statute law in respect of which is dealt with by the Department of Foreign Affairs; and
(ii)such proposals contained in any motion, including any motion within the meaning of Standing Order 157 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 and proposals under paragraphs (1)(a)(i) and (ii), the Select Committee shall have the powers defined in Standing Order 81(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 90(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)scrutinise, in the context of European Union issues and measures to be taken by the Council of Ministers of the European Union—
(I)any proposals under the Community treaties for legislation by the Council or the Council acting jointly with the European Parliament,
(II)any document which is published for submission to the European Council, the Council or the European Central Bank,
(III)any proposal for a common strategy, a joint action or a common position under Title V of the Treaty on European Union which is prepared for submission to the Council or to the European Council,
(IV)any proposal for a common position, framework decision, decision or a convention under Title VI of the Treaty on European Union which is prepared for submission to the Council,
(V)any document (not falling within (II), (III), or (IV) above) which is published by one Union institution for or with a view to submission to another Union institution and which does not relate exclusively to the consideration of any proposal for legislation, and
(VI)any other document relating to European Union matters deposited in both Houses of the Oireachtas by a Member of the Government or Minister of State,
as it may select;
(ii)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;
(iii)consider such -
(I)acts of the institutions of the European Communities,
(II)regulations under the European Communities Acts, 1972 to 1998,
(III)other instruments made under statute and necessitated by the obligations of membership of the European Communities,
as it may select;
(iv)consider such other matters as may be referred to it from time to time by both Houses of the Oireachtas;
(v)represent both Houses of the Oireachtas at the Conference of European Affairs Committees (COSAC);
and shall report thereon to both Houses of the Oireachtas.
(b)The Joint Committee shall have:
(i)the powers defined in Standing Order 81(1) to (9) inclusive;
(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 Joint Committee on which has been conferred the power defined in Standing Order 81(4) to consider such proposals;
(iii)the power to request the presence of Members of the Government (or Ministers of State nominated in their stead) (or, in the case of the European Council, the Taoiseach or Minister for Foreign Affairs) to attend before the Joint Committee and provide, in private session if so desired by the Member of the Government or Minister of State, oral briefings in advance of Council meetings to enable the Joint Committee to make known its views.
(c)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;
(iii)at the invitation of the Joint Committee or of a sub-Committee, as appropriate, other Members of the European Parliament.
(d)The quorum of the Joint Committee shall be five, of whom at least one shall be a Member of Dáil Éireann and one a Member of Seanad Éireann.
(3)The Chairman of the Joint Committee, who shall be a Member of Dáil Éireann, shall also be Chairman of the Select Committee.’.”