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TITHE AN OIREACHTAIS

An Comhchoiste um Ghnóthaí Eorpacha

TUARASCÁIL BHLIANTÚIL 2005

Aibreán 2006

HOUSES OF THE OIREACHTAS

Joint Committee on European Affairs

ANNUAL REPORT 2005

April 2006

TITHE AN OIREACHTAIS

An Comhchoiste um Ghnóthaí Eorpacha

TUARASCÁIL BHLIANTÚIL 2005

Aibreán 2006

HOUSES OF THE OIREACHTAS

Joint Committee on European Affairs

ANNUAL REPORT 2005

April 2006

Annual Report 2005

Table of Contents

1. Content and Format of Report

This report has been prepared pursuant to paragraphs 3, 4, 5 and 6 of Standing Order 84, Dáil Éireann and paragraphs 3, 4, 5 and 6 of Standing Order 69, Seanad Éireann which provides for the Joint Committee reports and work programme as follows-

• review its procedure and its role
• annual work programme
• lay minutes of proceedings
• making an annual report.

At its meeting on 26^th April 2006 the Joint Committee agreed that all these items be included in this annual report.

2. Functions and Powers

The Dáil Select Committee on European Affairs was established by Order of Dáil Éireann of 27^th June 2002 to consider such Bills the statute law in respect of which is dealt with by the Department of Foreign Affairs; and 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.

Under an Order of 11^th November 2002 The Dáil Select Committee was enjoined with a Select Committee of Seanad Éireann, established by Order of Seanad Éireann of 17 October 2002, to form the Joint Committee on European Affairs. Among the principal functions of the Joint Committee are to consider

• scrutinise, in the context of European Union issues and measures to be taken by the Council of Ministers of the European Union
• 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;
• consider such

- acts of the institutions of the European Communities, regulations under the European Communities Acts, 1972 to 1998




- other instruments made under statute and necessitated by the obligations of membership of the European Communities,,



• and it may select

- consider such other matters as may be referred to it from time to time by both Houses of the Oireachtas;




- represent both Houses of the Oireachtas at the Conference of European Affairs Committees (COSAC);




and shall report thereon to both Houses of the Oireachtas.

The Orders of Reference of the Dáil Select Committee and the Joint Committee are set out at Appendix 1.

3. Chairman, Vice-Chairman, Convenors and Membership

Deputy John Deasy – (replaced Gay Mitchell, by order of the Dáil on 20th October 2004) was elected as Chairman of the Joint Committee on 20^th October 2004. Deputy Barry Andrews – (replaced Deputy Seán Haughey, by order of the Dáil on 25 November 2004) was elected as Vice-Chairman of the Joint Committee on 25^th November 2004. The Chairman of the Joint Committee is also Chairman of the Dáil Select Committee.

Deputies Dan Wallace and Aengus Ó Snodaigh are the Convenors of the Committee whose function it is to ensure the availability and attendance of Members or their substitutes for meetings of the Committee and, in particular, to ensure Members’ availability for divisions.

The Members of the Joint Committee are set out at Appendix 2

4. Sub-Committee on European Scrutiny

Standing Order 81(3) (Dáil) and Standing Order 65(3) (Seanad) confer on Committees the power to appoint sub-Committees and to refer to such sub-Committees any matter covered by its orders of reference and to delegate any of its powers to such sub-Committees, including power to report directly to the Dáil and Seanad.

The Sub-Committee considers Scrutiny of EU Legislative Proposals. The Sub-Committee consists of 7 Members (5 Dáil and 2 Seanad). The Orders of Reference of the Sub-Committee are set out in Appendix 1. The Members of the Sub-Committee are set out in Appendix 4.

At its first meeting on 4^th November 2004 Deputy Bernard Allen replaced Deputy Gay Mitchell as Chairman.

5. Meetings, Attendance and Recording

Meetings of the Joint Committee, Select Committee and Sub-Committee took place in the Committee rooms in Leinster House 2000. Meetings were in public unless otherwise ordered by the Committee.

Televised coverage of public meetings of the Committee were broadcast live within the Leinster House complex and was available for subsequent public broadcasting.

An Official Report (Parliamentary Debates) of the public meetings of the Committees is published and may be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2. The Official Reports may also be viewed on the Houses of the Oireachtas website at www.irlgov.ie/oireachtas.

Copies of other reports published by the Joint Committee may be obtained from the Clerk, Joint Committee on European Affairs, Kildare House, Kildare Street, Dublin 2. A list of these reports is set out at paragraph 9.

6. Number and Duration of Meetings

The Joint Committee met on 34 occasions in the year under report. The number of hours discussion involved in these meetings was in excess of 50 hours. The date and subject matter of each meeting is set out in paragraph 7 below and at Appendix 3.

The Dáil Select Committee did not meet in the year under report, as the committee examined no Bills or Estimates.

The Sub-Committee on European Scrutiny met on 17 occasions during the year and the number of hours discussion involved in these meetings was in excess of 9 hours. The date and subject matter of each meeting is set out in paragraph 7 below and at Appendix 7.

Minutes of proceedings of the Joint Committee and Sub-Committee meetings in public session are attached at Appendix 8 and Appendix 10 respectively.

7. Work of the Committee

7.1 Joint Committee

On the 34 occasions the Joint Committee met, it dealt with the following matters:

• Meetings of the General Affairs and External Relations Council.
• Public Awareness of the EU Constitution
• The social dimension of the Lisbon Strategy
• Ratification of the Constitutional Treaty
• The level of Public engagement with the Constitutional Treaty
• The Human Rights situation in Zimbabwe and Information Note, Advice and Com(2005)18. Proposal for a Council Decision extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement
• Discussion with Commissioner Margot Wallström, European Commissioner for Institutional Relations and Communication Strategy, on the Commission’s Work Programme and the Role of National Parliaments
• Preparations for “XXXIII” COSAC; The Subsidiarity Test
• Update on the Referendum on the Draft EU Constitutional Treaty
• The death of an Irish National in Spain.
• Scrutiny of EU Proposals
• The European Union Financial Perspectives 2007 – 2013
• The Growth & Stability Pact with Officials from the Dept. Finance.
• General Affairs and External Relations Council – Tsunami: Follow up on the EU Action Plan and Development Cooperation “Cluster”.
• Report on the XXXIII COSAC - Presentation by Senator John Dardis
• Exchange of Views with Commissioner Hubner: Update on the Financial Perspectives (2007-2013), and the negotiation of future Cohesion policy
• Genetically Modifed products across the Member States of the European Union: Scrutiny of EU legislative proposals relating to Genetically Modified Foods COM (2005)161 to COM(2005) 169 inclusive
• European Monitoring Centre for Drugs and Drug Addiction and also COM(2005)45, Communication from the Commission to the European Parliament and the Council on a EU Drugs Action Plan (2005-2008)
• Report on Crans Montana Forum, 13-15 April 2005, Zagreb, Croatia
• “The Frontiers of Europe” with Ms. Salome Zourabichvili, Foreign Minister of the Republic of Georgia
• Draft Second Annual Report of the Sub-Committee on European Scrutiny
• Joint Committee’s contribution to the period of reflection on the future of the European Union.
• European Aspects of the Draft Animal Remedies Regulations 2005
• Migration Issues and Human Trafficking.
• Report on the Conference of Chairpersons of European Affairs Committees of the member states of the European Union and the European Parliament (COSAC) during the UK Presidency of the European Union
• Exchange of views on matters of mutual interest, with a delegation from the Parliament of Switzerland
• European Union Neighbourhood Policy in Belarus, Moldova, Ukraine and the Caucasus.
• Presentation and exchange of views on matters of mutual interest, with the President of the Republic of Cyprus, Mr Tassos Papadopoulos.
• The implementation of EU legislation through national regulations: an exchange of views in relation to the draft nitrates regulations.
• European Agency for Fundamental Rights COM(2005)208).

A copy of the Joint Committee’s work programme for 2006 is at Appendix 11

7.2 Dail Select Committee

The Dáil Select Committee did not meet in the year under report, as the committee examined no Bills or Estimates.

7.3 Sub-Committee on European Scrutiny

On the 17 occasions that it met, the Sub-Committee on European Scrutiny dealt with the following matters:-

• Scrutiny of EU Legislative Proposals

8. Groups and Individuals attending before Committee

In the period under report, the Joint Committee met with the following organisations, groups and individuals:

• Mr. Dermot Ahern T.D., Minister for Foreign Affairs
• Mr. Willie O’ Dea T.D., Minister for Defence
• Mr. Michael McDowell, Minister for Justice, Equality and Law Reform
• Mr. Noel Treacy T.D., Minister of State for Foreign Affairs
• Mr. Conor Lenihan T.D., Minister of State
• Representatives from the Community Platform

Mr. Robin Hanan, Coordinator, European Anti Poverty Network Ireland




Ms. Orla O’ Connor, Policy Officer, National Women’s Council of Ireland




Mr. Eric Conroy, General Secretary, Irish National Organisation of the Unemployed



• Mr. Alan Dukes, Institute of European Affairs
• Professor Richard Sinnott, University College Dublin
• Delegation from Amnesty International

Mr. Andrew Furlong, Chairman of Amnesty International, Zimbabwe Section




Mr. Michael Hanly, Member of Amnesty International Zimbabwe Section




Ms. Neltah Chadamoyo, Member of Amnesty International Zimbabwe Section




Mr. Lloyd Mudiwa, Member of Amnesty International Zimbabwe Section




Ms. Kieran Clifford, Membership Officer Amnesty International, Irish Section



• Commissioner Margot Wallström
• Dr. Maeve Pomeroy

Mr. Denis O’Callaghan



• Mr. John Morahan, Department of Foreign Affairs
• Mr. Bobby Mc Donagh, Department of Foreign Affairs

Mr. Stephen O’Sullivan, Department of Finance




Mr. Tony Burke, Department of Agriculture




Dermot Nolan



• Mr. Donal Mc Nally, (Second Secretary) Department of Finance
• Professor Danuta Hübner, Commissioner for Regional Policy
• Mr. Tom O’Mahony, Assistant Secretary, Environment Heritage and Local Government

Dr. Tom Mc Loughlin, Environment Protection Agency




Mr. Pat O’Mahony, Chief Specialist in Biotechnology, Food Safety Authority of Ireland




Ms. Joan Regan, Assistant Principal Officer, Dept Health and Children




Mr. John Downey, Department of Agriculture and Food




Mr. Oisin Coghlan, Director, Friends of the Earth




Mr. Michael O’Callaghan, Gm-free Ireland Network




Mr. John Heney, National Rural Development Chairman, ICSA (Irish Cattle and Sheep Farmers Association)




Mr Gerry Lohan



• Ms. Catherine Byrne, Department of Justice, Equality and Law Reform

Ms. Kathleen Stack, Department of Community, Rural and Gaeltacht Affairs




Mr. David Moloney, Department of Health and Children



• Ms. Dianne Grammer, International Organisation for Migration (Overview and work of the IMO)

Ms. Delfine O’Keeffe, Migrant Rights Centre Ireland (Trafficking for the purposes of labour)




Ms. Deirdre Coughlan, Migrant Rights Centre Ireland (Trafficking for the purposes of labour)




Ms. Gillian Wylie, Trinity College Dublin (trafficking for the purposes of sexual exploitation)




Ms. Kathleen Fahy, Director, Ruhama




Mr. David Joyce, ICTU




Ms. Pia Prütz Phiri, The United Nations High Commission for Refugees in Ireland



• Ms. Salome Zourabichvili, Foreign Minister of the Republic of Georgia
• Mr. Seamus Healy, Assistant Secretary, Department of Agriculture and Food

Mr. Richard Healy, Principal Officer, Department of Agriculture and Food



• Mr. Paul Burns, Immigration Policy, Department of Justice, Equality and Law Reform

Ms. Catherine Byrne, Drugs and Organised Crime Division, Department of Justice, Equality and Law Reform




Mr. Paul Murray, Criminal Law Division, Department of Justice, Equality and Law Reform




Mr. Brian O’Raghallaigh, Assistant Director General, Department of Social and Family Affairs




Ms. Denise Charlton, Immigrant Council of Ireland




Ms Delphine O’Keeffe, Migrant Rights Centre Ireland




Mr David Joyce, Irish Congress of Trade Unions




Ms Esther Lynch, Irish Congress of Trade Unions




Mr. Sean Ward, Principal Officer, Department of Enterprise, Trade and Employment




Mr. Sean Murray, Principal Officer, Department of Enterprise, Trade and Employment



• Delegation from the Parliament of Switzerland

Mrs. Thérèse Meyer-Kaelin, President of the Conseil National




Mr. Hans Fehr, Member of Delegation




Dr. Johannes Randegger, Member of Delegation




Dr. Felix Walker, Member of Delegation




Mr. John Clerc, Member of Delegation



• Mr Andreas Herdina, Head of Unit, European Neighbourhood Policy, European Commission
• Delegation from the Parliament of the Republic of Cyprus

Mr. Tassos Papadopoulos, President of the Republic of Cyprus



• Mr. Gerry O’Hanlon, Central Statistics Office

Mr. Thomas Whelan, AP Department of Social and Family Affairs




Mr. Brendan Shanahan, Department of Enterprise, Trade and Employment




Ms. Maura Conneely, Principal Officer, Office of the Revenue Commissioners



• Mr John Sadlier, Department of Environment Heritage and Local Government

Mr Seamus Crosse, TEAGASC




Mr Michael O’Donovan, Department of Agriculture and Food




Mr Tom Quinlivan, Department of Agriculture and Food




Mr. John Dillon, President of the Irish Farmers Association




Mr Pat O’Keeffe, Chairman of IFA Pig Committee




Mr James Brady, Executive Secretary to the IFA Pig Committee




Mr. Tom Hanrahan, (Pig Farmer that attended along with IFA representatives)



• Dr. Maurice Manning, President of the Irish Human Rights Commission

Mr. Frank Boughton, Principal Officer, Department of Justice, Equality and Law Reform

The Sub-Committee on European Scrutiny met with the following groups or individuals.

• Paul Hickey, Assistant Secretary General, International Policy

Division, Department of Justice, Equality and Law Reform.




Fergus O’Callaghan, Principal Officer, International Policy




Division, Department of Justice, Equality and Law Reform.




John Roycroft, Principal Officer, International Policy Division, Department of Justice, Equality and Law Reform.




Paul Burns, Principal Officer, Immigration Policy Division, Department of Justice, Equality and Law Reform.




David Costello, Principal Officer, Asylum Policy Division, Department of Justice, Equality and Law Reform.




Vera Kelly, Principal Officer, Civil Law Reform Division, Department of Justice, Equality and Law Reform.

9. 9.1 Joint Committee Reports

During the period under report, the Joint Committee published the following reports:

Joint Committee Reports

• EU scrutiny report no. 3 report on the scrutiny of proposals at EU level with implications for tax harmonisation including COM (2002) 410, proposal for a Council directive to introduce special tax arrangements for diesel fuel used for commercial purposes and to align the excise duties on petrol and diesel fuel
• EU scrutiny report no. 4 report on COM (2003) 400, preliminary draft general budget of the European Communities for the financial year 2004
• EU scrutiny report no. 6 COM (2004) 629 proposal for a regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation and economic cooperation
• EU scrutiny report no. 7 scrutiny of proposals related to the European Union financial perspectives 2007 - 2013 COM(2005)108, COM(2004)505, COM(2004)501, COM(2004)496, COM(2004)495, COM(2004)492, and including additional related proposals COM(2004)630, COM(2004)628, COM(2004)627, COM(2004)494, COM(2004)493, COM(2004)487
• Ninth report report on the Lisbon strategy, (part 2) strengthening the social dimension
• Tenth report statement human rights in Zimbabwe
• Work programme 2005 part II revised September 2005
• Second annual report on the operation of the European Union scrutiny act 2002 1 January 2004 to 31 December 2004

Sub-Committee Meeting Reports

• Thirty fourth report: Report of the meeting of 17 June 2004 Sub-Committee on European Scrutiny
• Thirty fifth report: Report of the meeting of 1 July 2004 Sub-Committee on European Scrutiny
• Thirty sixth report: Report of the meeting of 21 July 2004 Sub-Committee on European Scrutiny
• Thirty seventh report: Report of the meeting of 9 September 2004 Sub-Committee on European Scrutiny
• Thirty eight report: Report of the meeting of 30 September 2004 Sub-Committee on European Scrutiny
• Thirty ninth report: Report of the meeting of 7 October 2004 Sub-Committee on European Scrutiny
• Fortieth report: Report of the meeting of 14 October 2004 Sub-Committee on European Scrutiny
• Forty first report: Report of the meeting of 4 November 2004 Sub-Committee on European Scrutiny
• Forty second report: Report of the meeting of 25 November 2004 Sub-Committee on European Scrutiny
• Forty third report: Report of the meeting of 16 December 2004 Sub-Committee on European Scrutiny
• Forty fourth report: Report of the meeting of 27 January 2005 Sub-Committee on European Scrutiny
• Forty fifth report: Report of the meeting of 17 February 2005 Sub-Committee on European Scrutiny
• Forty sixth report: Report of the meeting of 9 March 2005 Sub-Committee on European Scrutiny
• Forty seventh report: Report of the meeting of 24 March 2005 Sub-Committee on European Scrutiny
• Forty eight report: Report of the meeting of 14 April 2005 Sub-Committee on European Scrutiny
• Forty ninth report: Report of the meeting of 28 April 2005 Sub-Committee on European Scrutiny
• Fiftieth report: Report of the meeting of 11 May 2005 Sub-Committee on European Scrutiny
• Fifty first report: Report of the meeting of 2 June 2005 Sub-Committee on European Scrutiny
• Fifty second report: Report of the meeting of 16 June 2005 Sub-Committee on European Scrutiny
• Fifty third report: Report of the meeting of 29 June 2005 Sub-Committee on European Scrutiny

Work in Progress

• Joint Committees Report on Migration Issues
• Joint Committees Contribution to Europe Day

10. Travel

The Joint Committee undertook the following travel in accordance with its Orders of Reference in connection with its work programme.

11. Functions and Powers

The Joint Committee will continue to consider its present procedures and role.

T.D.

John Deasy T.D.

Chairman of the Joint Committee on European Affairs

26/04/06

APPENDIX 1
Orders of Reference

Joint Committee

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. 1. 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—
      
      1. such Bills the statute law in respect of which is dealt with by the Department of Foreign Affairs;

      and

      
      
      2. 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.

      
      
   2. 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).
   3. 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. 1. 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-
      
      1. scrutinise, in the context of European Union issues and measures to be taken by the Council of Ministers of the European Union-
         
         1. any proposals under the Community treaties for legislation by the Council or the Council acting jointly with the European Parliament,
         2. any document which is published for submission to the European Council, the Council or the European Central Bank,
         3. 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,
         4. 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,
         5. 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

         
         
         6. 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;

         
         
      2. 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;
      3. consider such -
         
         1. acts of the institutions of the European Communities,
         2. regulations under the European Communities Acts, 1972 to 1998,
         3. other instruments made under statute and necessitated by the obligations of membership of the European Communities,

         as it may select;

         
         
      4. consider such other matters as may be referred to it from time to time by both Houses of the Oireachtas;

      and

      
      
      5. represent both Houses of the Oireachtas at the Conference of European Affairs Committees (COSAC);

      and shall report thereon to both Houses of the Oireachtas.

      
      
   2. The Joint Committee shall have:
      
      1. the powers defined in Standing Order 81(1) to (9) inclusive;
      2. 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;

      and

      
      
      3. 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.
   3. 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—
      
      1. Members of the European Parliament elected from constituencies in Ireland (including Northern Ireland);
      2. members of the Irish delegation to the Parliamentary Assembly of the Council of Europe;

      and

      
      
      3. at the invitation of the Joint Committee or of a sub-Committee, as appropriate, other Members of the European Parliament.
   4. 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.’.”

*Seanad Éireann on 17 October 2002 ordered:

1. 1. That a Select Committee consisting of 4 members of Seanad Éireann shall be appointed to be joined with a Select Committee of Dáil Éireann to form the Joint Committee on European Affairs to -
      
      1. scrutinise, in the context of European Union issues and measures to be taken by the Council of Ministers of the European Union,
         
         1. any proposals under the Community treaties for legislation by the Council or the Council acting jointly with the European Parliament,
         2. any document which is published for submission to the European Council, the Council or the European Central Bank,
         3. 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,
         4. 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,
         5. 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

         
         
         6. 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;

         
         
      2. 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;

      
      
      3. consider such -
         
         1. acts of the institutions of the European Communities,
         2. regulations under the European Communities Acts, 1972 to 1998,
         3. other instruments made under statute and necessitated by the obligations of membership of the European Communities,

         as it may select;

         
         
      4. consider such other matters as may be referred to it from time to time by both Houses of the Oireachtas;

      and

      
      
      5. represent both Houses of the Oireachtas at the Conference of European Affairs Committees (COSAC);

      and shall report thereon to both Houses of the Oireachtas.

      
      
   2. The Joint Committee shall have:
      
      1. the powers defined in Standing Order 65 (1) to (9) inclusive;
      2. 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 65(4) to consider such proposals;

      and

      
      
      3. 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.
   3. 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—
      
      1. members of the European Parliament elected from constituencies in Ireland (including Northern Ireland);
      2. members of the Irish delegation to the Parliamentary Assembly of the Council of Europe;

      and

      
      
      3. at the invitation of the Joint Committee or of a sub-Committee, as appropriate, other Members of the European Parliament.
   4. 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.
2. The Chairman of the Joint Committee shall be a Member of Dáil Éireann.

*Seanad Éireann on 23rd October 2002 ordered:

That the Orders of Reference of the Select Committee on European Affairs be amended in paragraph 1(a) by the substitution of '6 members' for '4 members'."

APPENDIX 2
Members of the Joint Committee

Joint Committee on European Affairs

List of Members

APPENDIX 3
Members of the Select Committee

Select Committee on European Affairs

List of Members

APPENDIX 4
Members of the Sub Committee

Sub-Committee on European Scrutiny

List of Members

Alternates

APPENDIX 5
Meetings of the Joint Committee

APPENDIX 6

There were no meetings of the Dáil Select Committee

APPENDIX 7
Meetings of the Sub-Committee on European Scrutiny

APPENDIX 8
Minutes of the meetings of the Joint Committee on European Affairs

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 27 January 2005

Members present:

Also in attendance: Minister for Foreign Affairs Mr. Dermot Ahern T.D.

The committee commenced in Public Session at 12.34p.m.

1. Discussion with Dermot Ahern, Minister for Foreign Affairs on the forthcoming General Affairs and External Relations Council

The Chairman welcomed the Minister to the meeting and noted that the following material had been circulated to members in advance of the meeting;

• Briefing received from the Department of Foreign Affairs
• Conclusions and ‘A’ points agreed at the previous meeting of the GAERC council
• Conclusions of the extra meeting of the GAERC Council on 7 January regarding the Tsunami in the Indian ocean.

The Chairman invited the Minister to make a presentation on the General Affairs and External Relations Agenda.

The Minister first took the opportunity to mark the anniversary of the liberation of Auschwitz sixty years ago and noted that it serves as a reminder as to why Europe must work together into the future to ensure the protection of human rights.

The Minister outlined the contents of the Agendas which covered among others the following topics;

- The Annual operational programme of the Council/Annual work programme of the Commission




- The financial perspective 2007 – 2013




- External relations with the Middle East, Iraq, Ukraine, Sudan, Guinea-Bissau and the Western Balkans region




- Earthquake and tsunami in the Indian Ocean and




- The EU – Africa Dialogue

Following the Minister’s presentation the Chairman invited questions from members of the Committee.

A question and answer session took place after which the Chairman thanked the Minister for his attendance.

The committee went into private session at 3.55 pm

The committee resumed in Public session at 4.24 pm

10. Adjourn

The committee adjourned at 4.25 pm until Wednesday 2^nd February at 2.00 p.m.

[Meeting with the European Anti Poverty Network regarding social inclusion in the Lisbon Agenda.]

John Deasy TD

Chairman

2 February 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 2 February 2005

Members present:

Also in attendance: Minister of State, Mr. Noel Treacy T.D.

The committee commenced in Public Session at 2.08 p.m.

1. Public Awareness of the EU Constitutional Treaty

The Chairman noted that he had requested that this item be put on the agenda for the meeting at short notice and thanked the Minister of State Mr Noel Treacy for making himself available. The Chairman made some introductory remarks regarding the need for a public awareness campaign and the results of a recent Euro barometer pole which suggested that awareness in Ireland was poor and much less than in some other member states.

The Chairman noted that there are a number of organisations that are involved in the debate on the Constitutional Treaty for example

the Institute of European Affairs,

the Referendum Commission,

the European Commission,

the European Parliament,

the Department of Foreign Affairs and

the European Movement.

The Chairman noted that with this meeting the Committee is starting its preparations for its own work on the Constitutional Treaty and proposed that the Committee should hear from the organisations listed above and should consider ways in which the committee can strengthen public awareness. It was proposed that the Committee should consider advertising for submissions from the public and conducting hearings based on submissions received.

The Committee heard a presentation from the Minister of State Mr. Treacy outlining the plans in place in his department to handle the ratification of the Treaty and to increase National awareness of the issues.

The presentation was followed by a question and answer session with the members during which the Minister answered member’s questions.

Finally the Chairman thanked the Minister of State for attending and noted that Professor Richard Sinnott from the school of Politics in UCD had been invited to attend the Joint Committee as part of the committee’s consideration of the matter.

The committee suspended at 2.54 pm until 2.56 pm

2. Discussion with Representatives of the Community Platform on strengthening the social dimension of the Lisbon Strategy.

The Chairman welcomed the witnesses representing the Community platform and noted that members had been circulated with a submission prior to the meeting.

Mr. Robin Hanan – Coordinator, European Anti Poverty Network Ireland

Ms. Orla O’ Connor – Policy Officer, National Women’s Council of Ireland

Mr. Eric Conroy - General Secretary, Irish National Organisation of the Unemployed

The Chairman noted that, while Members of this Committee have absolute privilege, the same privilege does not extend to witnesses appearing before it and members were reminded of the Parliamentary Practice to the effect that Members should not comment on, criticise or make charges against a person outside the House or an official by name in such a way as to make him/her identifiable.

The Committee heard a presentation from Mr. Robin Hanan, Ms. Orla O’ Connor and Mr. Eric Conroy which was followed by a question and answer session during which the witnesses responded to questions from members.

The Chairman thanked the witnesses for attending and for the submission presented to the committee.

It was agreed that the Joint Committee specifically include the social dimension in its monitoring of the implementation of the Lisbon Agenda as part of its work programme and that the Joint Committee would write to the relevant Departments to offer the view that the social dimension be given appropriate weight in the context of the Mid term review of the Lisbon Agenda due to take place in early March.

It was also proposed that the Joint Committee consider agreeing a short statement in the form of a report of the Joint Committee and attached the submission received as an Appendix.

The committee suspended at 3.29 pm until 3.31 pm

3. Minutes

The Minutes of the meetings of 27 January 2005 were circulated and agreed.

4. Correspondence

1. Submission on Financial Perspectives / Draft Structural Funds received from the Chairman of the EAPN Structural Funds Task Force.

- It was agreed to note this correspondence.



2. Letter of thanks received from the Slovenian National Assembly in relation to a visit to Dublin on the 8^th December 2004.

- It was agreed to note this correspondence.



3. Correspondence received from Mr. Claus Larsen – Jensen in relation to an issue raised at the previous COSAC in November on greenhouse gases.

- It was agreed to note this correspondence and to forward to the Joint Committee on the Environment and Local Government



4. Correspondence received from Mr. Robert Smolen inclosing a Desideratum adopted by the European Affairs Committee of the Sejm of the Republic of Poland.

- It was agreed to note this correspondence.



5. Correspondence received from Alfredas Pekeliunas stating his election to Chairman of the Committee on European Affairs of the Seimas of the Republic of Lithuania.

- It was agreed to note this correspondence.

The committee went into private session at 3.32 pm

The committee adjourned at 3.40 pm.

John Deasy TD

Chairman

16 February 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 9 February 2005

Members present:

Also in attendance: Pat Carey TD, Simon Coveny MEP, Prionsias De Rossa MEP, Avril Doyle MEP, Mary Lou McDonald MEP and Eoin Ryan MEP.

Witnesses: Mr Alan Dukes, Institute European Affairs, (accompanied by Ms Jill Donoghue, Research Director Institute European Affairs)

The committee commenced in Public Session at 2.33 p.m.

1. Ratification of the Constitutional Treaty: Presentation by Mr. Alan Dukes, Institute of European Affairs

For the benefit of the witness it was noted that, while Members of the Committee have absolute privilege, the same privilege does not extend to witnesses appearing before it and members were reminded of the Parliamentary Practice to the effect that Members should not comment on, criticise or make charges against a person outside the House or an official by name in such a way as to make him/her identifiable.

The chairman welcomed Mr Dukes to the meeting and his colleague Ms Donoghue. After brief introductory remarks the Chairman invited Mr Dukes to give an outline of the current status of ratification of the Constitutional Treaty in the member states and the institute’s plans for dealing with the Treaty in Ireland.

The Committee heard a presentation from Mr. Dukes. The presentation was followed by a question and answer session with the members during which Mr. Dukes answered member’s questions.

Finally the Chairman thanked Mr Dukes for his presentation and noted the draft programme of meetings planned by the Institute for the coming months which had been circulated to members and noted that many topics of interest to the committee are included.

The committee suspended from 4.06pm to 4.07pm

2. Minutes

It was agreed that consideration of the minutes of the meeting of 2 February 2005 be deferred to the next meeting.

3. Correspondence

1. Correspondence received from the Parliament of Finland, in relation to a seminar on The Implementation of Europe’s Northern Dimension. Thursday 7^th April 2005, Oulu.

- It was agreed that, although it was not proposed that a member of the committee should attend this conference, convenors should inform the secretariat of any members with a particular interest.



2. Correspondence received from the European Commission, enclosing a Preliminary Programme for a European Forum on ‘Science in Society’ to be held on 9th – 11th March 2005, Brussels.

- It was agreed to forward a copy of this correspondence to the Joint Committee on Education and Science for information.



3. Letter received from Mr. Brian Earls, Irish Embassy Turkey.

- The Joint Committee noted this correspondence and noted that the clerk had informed the embassy that they will be kept informed of all arrangements.



4. Invitation to a Parliamentary meeting on The Lisbon Strategy in Brussels on St Patrick’s Day

- It was agreed to put this item of correspondence on the agenda for the next meeting.

4. Any Other Business

There was no other business and it was agreed to go into private session to discuss a number of matters relating to committee business.

The committee went into private session at 4.10 pm

The committee adjourned at 4.13 p.m.

John Deasy TD

Chairman

16 February 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 16 February 2005

Members present:

Also in attendance: Noel Treacy, Minister of State for European Affairs, Pat Carey TD

The committee commenced in Public Session at 2.36 p.m.

1. Proposed issues for discussion by the Joint Committee at a later date.

Irelands participation in European Union battlegroups.

The Chairman noted that in November 2004 the EU agreed to create 13 rapid reaction ‘battle groups’ to be used in operations by 2007 and further noted participation has particular issues for the neutral member states including Ireland.

The Chairman noted that he asked for this matter to be specifically proposed as an agenda item because it also has relevance for the Constitutional Treaty.

The Chairman also noted that the Minister for Defence had agreed to meet with the committee and also proposed that the committee invite academics with an interest in this topic to meet with the committee also.

It was agreed to put this on the agenda and to invite the Minister for Defence to meet with the Committee.

EU China Arms Embargo

The Chairman noted that the Vice Chairman had requested that this proposal be placed on the agenda for the meeting and invited the Vice Chairman Deputy Andrews to make some remarks on the matter.

The Vice Chairman noted that indications are that the embargo will be lifted and that there are some remaining issues to be considered. Deputy Andrews proposed that this matter be considered in the context of the European Union’s Code of Conduct on arms exports.

It was agreed that the relevant Minister would be invited to meet with the Committee to discuss both matters on the same day and that the secretariat should make arrangements to provide briefing for members in advance.

2. Discussion in advance of the forthcoming General Affairs and External Relations Council (GAERC) with the Minister of State for European Affairs, Mr Noel Treacy TD

The Chairman welcomed the Minister and his officials to the meeting.

Before inviting the minister to make his presentation the Chairman noted a newspaper article announcing the Minister of states plans to provide information to citizens on the Constitutional Treaty. The Minister made some remarks which was followed by a question and answer session during which the Minister of State answered questions from members.

The Chairman invited the Minister of state to begin his presentation on the forthcoming General Affairs and External Relations Council.

Following the Ministers presentation there was a question and answer session with members where the Minister answered questions put by members and noted their comments in relation to the items on the GAERC Agenda. In particular the Minister agreed to send a briefing note to the committee next month on an aspect of the UN oil for food programme raised by Deputy Sexton.

The Chairman thanked the Minister of State for his attendance.

The committee suspended from 3.45 to 3.46 pm

3. Minutes

The minutes of the meetings of 2 February 2005 and 9 February 2005 were circulated and agreed.

The committee went into private session at 3.47 pm

The committee adjourned at 4.01 pm

John Deasy TD

Chairman

2 March 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 2^nd March 2005

Members present:

The committee commenced in Public Session at 2.34 p.m.

1. Presentation by Professor Richard Sinnott on “The level of Public engagement with the Constitutional Treaty”

The Chairman welcomed Professor Sinnott and made some opening remarks regarding the Joint Committee’s work on the Constitutional Treaty.

For the benefit of the witness it was noted that, while Members of the Committee have absolute privilege, the same privilege does not extend to witnesses appearing before it and members were reminded of the Parliamentary Practice to the effect that Members should not comment on, criticise or make charges against a person outside the House or an official by name in such a way as to make him/her identifiable.

Professor Sinnott’s presentation covered areas such as;

Comparison of Irish Attitudes to EU membership to the European Average

The level of Knowledge of the European Union within Ireland and

The relationship between knowledge and attitudes

The committee suspended from 2.57 to 2.59 pm to resolve technical difficulties with the Visual Display Unit

At 2.59 pm Professor Richard Sinnott resumed his presentation.

Following the Presentation there was a question and answer session with members of the committee and the discussion touched on how to raise knowledge and promote interest in the EU, the role of the media in the debate and how to encourage a high turnout.

Members also raised the role of the referendum commission and the importance of political leadership in promoting debate.

At the conclusion of the discussion the Chairman thanked Professor Sinnott on behalf of the committee for attending and for his very detailed and interesting presentation.

The committee suspended from 3.57 to 4 pm

2. Presentation by Amnesty International Zimbabwe Group on the Human Rights Situation in Zimbabwe and

Consideration of Commission document COM(2005)18, Proposal for a Council Decision extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement forwarded to the Joint Committee by the Sub-Committee on EU scrutiny.

The Chairman welcomed the following witnesses to the meeting

- Mr. Andrew Furlong – Chairman of Amnesty International, Zimbabwe Section

- Mr. Michael Hanly – Member of Amnesty International Zimbabwe Section

- Ms. Neltah Chadamoyo – Member of Amnesty International Zimbabwe Section

- Mr. Lloyd Mudiwa – Member of Amnesty International Zimbabwe Section

- Ms. Kieran Clifford – Membership Officer Amnesty International, Irish Section

For the benefit of the witnesses it was noted that, while Members of the Committee have absolute privilege, the same privilege does not extend to witnesses appearing before it and members were reminded of the Parliamentary Practice to the effect that Members should not comment on, criticise or make charges against a person outside the House or an official by name in such a way as to make him/her identifiable.

The Joint Committee agreed to

- Note the document COM(2005)18 concerning measures against Zimbabwe which was forwarded to the Joint Committee by the Sub-Committee on EU scrutiny.

- Note that agreement on the document, was reached at the General Affairs and External Relations Council on 21 Feb 2005; that measures against Zimbabwe had been extended for a period of twelve months; and that the text of a letter to the President of Zimbabwe was also agreed at that meeting (a copy of which was circulated to members.)

- Support the text agreed at Council and to forward a copy of the text along with a copy of the presentation made to this committee today to the Joint Committee on Foreign Affairs for the information of that committee.

- To refer the specific issue raised regarding Asylum and Immigration to the Joint Committee on Justice Equality Defence and Women’s Rights

- To undertake to raise this ongoing issue with the minister for Foreign Affairs in the context of the committee’s meetings in advance of each General Affairs and External Relations Council.

- To consider a statement on the matter

The committee suspended from 4.42 to 4.44 pm

The committee resumed in private session at 4.44 pm

The committee adjourned at 4.45 p.m.

John Deasy TD

Chairman

23 March 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 10^th March 2005

Members present:

The committee commenced in Public Session at 2.36 p.m.

1. Discussion with Commissioner Margot Wallström, European Commissioner for Institutional Relations and Communication Strategy, on the Commission’s Work Programme and the Role of National Parliaments

The Chairman welcomed Commissioner Wallström on behalf of the committee, thanked her for attending and invited her to make a presentation

The Commissioner outlined the strategic objectives of the Commission and the contents of the Work Programme for 2005. The Commissioner noted that Europe’s citizens want prosperity, security, and solidarity and to achieve this the steering principle of the work of the commission is sustainable development while the main task is to restore growth and create more and better jobs.

The Commissioner introduced the Work Programme of the Commission and noted that the priority list published in the Work programme contains only items that are expected to be reached in the coming year and that all proposals initiated will be accompanied by an Impact assessment.

The Commissioner also urged national parliaments to make their views known on the consultation documents contained in the Work programme.

Commissioner Wallström noted that she has a special responsibility for relations with National Parliaments and that this is the first time a Commissioner has had this specific mandate. Ms Wallström wants to create a culture of cooperation and informed the committee that the three key objectives of the commission for cooperation with national parliaments are mutual service (continuous and open dialogue), concrete networking to make full use of expertise and connecting with people and their elected representatives because“ a greater voice for parliaments is a greater voice to Europe’s citizens”.

The Commissioner discussed the steps that the European Commission is taking to strengthen the relationship between the European Commission and National Parliaments and circulated a paper entitled detailing the commission’s targets.

A number of measures to be taken by the Commission were also noted as follows;

• commissioners and commission officials will strive to make themselves accessible and be prepared to offer assistance to National Parliaments in their consideration of EU Policy,
• regular newsletter for distribution to the commission administration and national parliaments highlighting the Commission’s activities regarding relations with National Parliaments,
• review of systems for exchange of information,

Finally Commissioner Wallström noted that the Chairpersons of European Affairs Committees at a recent meeting of COSAC agreed to commence a Pilot Project working along the lines that would be suggested by the Draft Constitutional Treaty to test a specific legislative proposal for compliance with the principle of Subsidiarity and that the Commission would assist this project as far as possible.

A question and answer session followed Commissioner Wallström’s presentation.

A number of members raised the issue of Subsidiarity and noted the pilot test agreed at COSAC. It was noted that cooperation between National parliaments and the commission is important in this context and the Commissioner agreed to bring back to her colleagues the suggestion made that audio visual links could facilitate this dialogue.

There was one specific issue raised by a number of members regarding State Aid and recent case with regard to state aid to Intel, a company based in Ireland.

Ms Wallström gave an undertaking to the Joint Committee to bring the matter to her colleague responsible in order to provide a more detailed reply for the Joint Committee as the EU State Aid policy is not part of Ms Wallström’s brief.

On behalf of the committee the Chairman thanked Commissioner Wallström for her presentation and specifically thanked her for the undertaking she gave to bring the specific concerns raised by the Joint Committee with respect to the EU Policy on State Aid and its application in the particular case raised to the attention of the relevant Commissioner.

The committee suspended from 3.37 to 3.38 pm

2. Report on the 4th Inter Parliamentary Conference on Security and Co-operation in the Mediterranean attended by Senator Don Lydon

The Chairman noted Senator Lydon’s report on the meeting and invited the Senator to make some remarks.

Senator Lydon introduced his report following which the Chairman and members of the committee thanked the senator for his work and the interesting report produced.

3. Minutes

It was agreed to defer consideration of the minutes of the meeting of 2 March 2005 to the next meeting.

4. Correspondence

1. Invitation to a meeting of the European Parliament temporary committee on Policy Challenges and Budgetary Means of the Enlarged Union 2007-2013. The meeting will be to discuss the financial perspectives 2007 - 20013

It was agreed that a maximum of two members attend since the Committee as part of its work programme intends to consider the financial perspectives and a report on this meeting would be very useful to the committee.

5. Any Other Business

There being no other business it was agreed to proceed in Private session to discuss committee business.

The Committee went into Private Session at 3.45 p.m.

The Committee Adjourned at 3.50 p.m.

John Deasy

Chairman

23^rd March 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 23^rd March 2005

Members present:

The committee commenced in Private Session at 2.48 p.m.

The Committee Adjourned at 3.25 pm.

John Deasy

Chairman

7^th April 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 13th April 2005

Members present:

The committee commenced in Private Session at 2.03 p.m.

The Committee Adjourned at 3.00 p.m..

John Deasy TD

Chairman

13^th April 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 20^th April 2005

Members present:

The committee commenced in Public Session at 2.35 p.m.

1. Discussion in advance of the forthcoming General Affairs and External Relations Council (GAERC) and an update on the Referendum on the Draft EU Constitutional Treaty with the Minister of State for European Affairs, Mr Noel Treacy TD

The Chairman welcomed the Minister and his officials to the meeting.

Before inviting the minister to make his presentation on the General Affairs and External relations Council the Chairman asked the Minister for an update on progress with regard to the Draft Constitutional Treaty.

The Minister outlined for members the current position with regard to the referendum on the Draft EU Constitutional Treaty. This was followed by a question and answer session during which the Minister of State answered questions from members.

The Chairman invited the Minister of State to begin his presentation on the forthcoming General Affairs and External Relations Council.

Following the Minister of State’s presentation there was a question and answer session with members where the Minister of State answered questions put by members and noted their comments in relation to the items on the GAERC Agenda.

The Chairman thanked the Minister of State for his attendance.

2. Minutes

The minutes of the meeting of 13 April 2005 were circulated and agreed.

3. Correspondence

It was agreed to defer consideration of the correspondence to the next meeting

The Committee Suspended From 4.23 till 4.26 pm and Resumed in Public Session at 4.26 p.m.

4. Any other business

As there was no other business to be dealt with in public session it was agreed to go into private session to deal with some private committee business.

The committee went into private session at 4.27 p.m.

The committee adjourned at 4.32 p.m.

John Deasy TD

Chairman

25^th May 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 27^th April 2005

Members present:

The committee commenced in Private Session at 2.02 p.m.

The committee suspended from 2.49 till 2.51 p.m. when the committee resumed in public session

2. Discussion on action that might be taken by the Committee regarding the death of an Irish National in Spain

The Chairman made some opening remarks regarding the death of Mr Daniel O’Callaghan who died while on holiday in Gran Canaria in May 2003 and welcomed the late Mr O’Callaghan’s family Dr Maeve Pomeroy, Mr Denis O’Callaghan and Ms Marie-Louise O’Callaghan to the meeting.

The Chairman noted that Mr O’ Callaghan’s family had expressed serious concerns about the investigation carried out by the Spanish authorities and that the Joint Committee had discussed the matter in Private Session.

The Joint Committee while noting the large numbers of Irish Citizens who regularly travel on holidays to destinations in Spain and the strong links between Ireland and Spain that have developed over many years, did however express its concern at some of the elements in this particular case.

The Chairman noted for the benefit of members that since the Joint Committee issued its agenda the Spanish Authorities had contacted Mr O’Callaghan’s family and confirmed that the case would be reopened. However the Chairman noted that there is no clarity at the exact status of the enquiry

The Chairman invited the Minister for Justice, Equality and Law Reform, Mr Michael McDowell (who clarified that he had assisted Dr Pomeroy in his capacity as a TD for Dr Pomeroy’s constituency) to make some remarks about his knowledge of the case. The Chairman invited Dr Pomeroy (Mr O’ Callaghan’s mother) to address the Committee.

The Joint Committee, in consideration of the point made by members and based on the information provided by Dr Pomeroy and Deputy Michael McDowell, agreed the following;

1. That the committee would write to the Spanish Ambassador to invite him to attend a meeting of the Joint Committee to discuss the matter and requesting that a full investigation be carried out by the Spanish authorities particularly in light of the circumstances surrounding Mr O’Callaghan’s death. In addition it was agreed to seek clarification from the Ambassador as to the current status of the investigation. It was noted that Mr O’ Callaghan’s family would seek to meet with the responsible Minister in the Spanish government. The Minister for Justice offered to clarify from his perspective the current status of the investigation.
2. That the committee would offer its support to the Minister for Foreign Affairs in his efforts to bring about a resolution. It was agreed to write to the Department of Foreign Affairs regarding the proposal that there should be a protocol (which would be made known to the general public) in place for handling cases such as these by the Department and suggesting that officials of the Department meet with the Committee to discuss the issue. It was noted that Mr O’ Callaghan’s family had sought a meeting with the Minister of Foreign Affairs regarding this matter.
3. To seek a briefing from the Department of Justice, Equality and Law Reform on the current position in relation to victims rights in the European Union and on initiatives, if any, to promote common standards across the member states of the European Union with regard to the minimum level of investigation that should apply in cases such as this.
   The Joint Committee also agreed to consider asking the consultant to the Joint Committee (once appointed), in consultation with victim support groups to report to the Committee on this subject in order to inform any future debate of the matter.

The Chairman thanked the witnesses for attending

The committee suspended from 3.27 to 3.29 p.m. when the committee resumed in public session

3. Discussion with Oireachtas representatives to the Convention on the Future of Europe

It was agreed to defer this item of the committee’s business to a later date given that the first item on the agenda had overrun.

4. Minutes

It was agreed to defer consideration of the minutes to the next meeting

5. Correspondence

1. Proposal to amend the Rules of Procedure of COSAC, to allow for Ukraine to participate as observer

- It was agreed to defer this correspondence pending further information.



2. Decisions taken at the meeting of the Sub-Committee on European Scrutiny on 9^th March 2005 and 14^th April 2005

- It was agreed to note this correspondence since no proposals were specifically referred for further scrutiny.



3. Correspondence received from the Department of Foreign Affairs, regarding the attendance of an official at the meeting of the committee on 4^th May 2005

- It was agreed to note this correspondence



4. Correspondence received from Mr Gay Mitchell T.D. MEP, regarding COM (2004) 629 which is a proposal for a single financial instrument for development co-operation and economic co-operation

- It was agreed to note this correspondence which was relevant to the proposed meeting of the Joint Committee of 4^th May 2005.



5. Articles from The Parliament Magazine – Issue 201, 11 April 2005, which may be of interest to the Joint Committee

- It was agreed to note this correspondence



6. A Report prepared by Kevin Leydon on the joint meeting between the European Parliament and the National Parliaments of the Member States on the Financial Perspectives

- It was agreed to note this correspondence



7. Agenda for the meeting of the National Forum on Europe

- It was agreed to note this correspondence



8. Tacis Information & Communications Activities Newsletter

- It was agreed to note this correspondence



9. Correspondence received from the Department of Foreign Affairs, regarding the attendance of official’s at the meeting of the committee on 11th May 2005

- It was agreed to note this correspondence



10. A note from the Department on Foreign Affairs, regarding Investigations into allegations of wrongdoing in the implementation of the Iraq Oil for food Programme.

- It was agreed to note this report which was requested by a member of the Joint Committee at a recent meeting.



11. Draft Agenda for the forthcoming COSAC meeting, which will take place in Luxembourg 16^th – 18^th May.

- It was agreed to note this correspondence

The Joint Committee agreed to continue in private session to discuss private committee business.

The committee went into private session at 3.31PM

The committee adjourned at 3.33 pm

John Deasy TD

Chairman

25^th May 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 4^th May 2005

Members present:

The committee commenced in Public Session at 2.35 p.m.

1. Scrutiny of Commission proposal for a Regulation COM (2004) 629, establishing a financing instrument for development cooperation and economic cooperation.

The meeting was attended by Mr John Morahan from the Department of Foreign Affairs who was accompanied by Mr Peter E Smyth also from the Department.

The Chairman welcomed Mr Morahan to the meeting and introduced the topic for discussion noting that the proposal for consideration is part of the 2007-2013 financial perspectives and concerns the establishment of a new structure for external assistance over the period. The Chairman also noted that the proposal had been rejected by the European parliament’s development Committee, and that Deputy Gay Mitchell MEP had forwarded material to members for their information.

The Chairman invited attention to the fact that members of this Committee have absolute privilege, but this same privilege does not apply to witnesses appearing before the Committee and that the Committee cannot guarantee any level of privilege to witnesses appearing before it. The Chairman further noted that, under the Salient Rulings of the Chair Members should not comment on, criticise or make charges against a person outside the House or an official by name in such a way as to make him or her identifiable.

The Chairman invited Mr Morahan to make his presentation during which the following main points were made

- The regulation should have a clear overarching objective, set out in its first article, aimed at the eradication of poverty and guided by the main development objectives and principles agreed at various UN conferences - in particular, the 2000 Millennium Development Summit and the 2002 World Summit for Sustainable Development.

- It should avoid listing possible areas of intervention.

- Co-operation with developing countries should be clearly separated from co-operation with industrialised countries, as regards objectives, scope, policy measures and financial provisions.

- The 2000 EC development policy statement should be identified as the policy basis for implementing the regulation.

- The European Development Fund should NOT be integrated into the Community budget in order not to risk the EDF’s strong focus on low income and least developed countries, as well as the fact that country allocations under the fund are based on need and performance criteria.

Following the presentation there was a Question and Answer session during which Mr Morahan answered questions from members.

The Chairman thanked Mr Morahan and Mr Smyth for their attendance and for the presentation made to the committee.

Conclusions

The Joint Committee agreed to support the general principles outlined by the Department as to its approach to the further negotiation of the proposal. The Joint Committee also agreed to ask the Department of Foreign Affairs to keep it informed of further developments with regard to this measure.

In particular the Joint Committee noted the financial impact of the proposal and supported the Department’s view that the European Development Fund should remain outside of this proposed financial instrument.

It was agreed that a Draft report of the discussion would be prepared for circulation to members and agreement at the next opportunity.

The committee suspended from 3.14 till 3.16 p.m.

2. Minutes

It was agreed to defer consideration of the minutes to the next meeting

3. Correspondence

1. Decisions taken at the meeting of the Sub-Committee on European Scrutiny on 29^th April 2005

- It was agreed to scrutinise COM(2005)108 as referred by the Sub-and to note the other documents considered by the Sub-Committee at its meeting of 28 April 2005.



2. Correspondence received from the Department of Transport regarding the Third Railway Package

- It was agreed to note this correspondence



3. Correspondence received from José Manuel Barroso regarding relations between national parliaments of EU Member States and the European Commission

- It was agreed to note this correspondence



4. Correspondence received from Mr René van der Linden, enclosing copies of Resolution 1427 (2005) and Recommendation 1696 (2005) on plans to set up a Fundamental Rights Agency of the European Union

- It was agreed to forward this correspondence to the Joint Committee on Foreign Affairs for the particular attention of the Sub-Committee on Human rights and to ask the secretariat to seek a briefing note from the relevant government department for consideration.

The Committee went into Private Session at 3.18 PM

The Committee Adjourned at 3.21 pm

John Deasy TD

Chairman

11^th May 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 11^th May 2005

Members present:

Apologies:

The committee commenced in Private Session at 2.05 pm

The committee went into Public Session at 2.15 pm

1. Scrutiny of The European Union Financial Perspectives 2007 – 2013

- Briefing from the Department of Foreign Affairs, the Department of Finance and the Department of Agriculture.

The following witnesses attended the meeting to assist the committee with its consideration of the financial perspectives;

- Mr Bobby Mc Donagh, Department of Foreign Affairs

- Mr Stephen O’Sullivan, Department of Finance

- Mr Dermot Nolan, Department of Finance

- Mr Tony Burke, Department of Agriculture and Food

The Chairman drew the attention of the meeting to the fact that members of the Committee have absolute privilege, but this same privilege does not apply to witnesses appearing before the Committee. The Committee cannot guarantee any level of privilege to witnesses appearing before it. The Chairman further noted that, under the Salient Rulings of the Chair, members should not comment on, criticise or make charges against a person outside the House or an official by name in such a way as to make him or her identifiable.

The Chairman invited Mr Mc Donagh to open the presentation followed by Mr O’Sullivan.

Mr Mc Donagh explained that the Department of Foreign Affairs has overall responsibility for the negotiation of the financial perspectives in the General Affairs and External Relations Council while the Department of Finance has primary policy responsibility and that Ireland’s position is developed in close consultation with the Departments of Agriculture and Food, Enterprise, Trade and Employment and the Taoiseach. Mr Mc Donagh reminded the committee that the Luxembourg presidency had set the European Council on 16-17 June as the target date for agreement, a target supported by the Irish Government. Mr Mc Donagh went on to outline some of the key policy areas of interest to Ireland such as the Common Agricultural Policy, cohesion policy, the needs of the worlds least developed countries and the importance of a continued EU focus on the objectives of poverty reduction and the achievement of the Millennium Development Goals.

Mr O’Sullivan gave the committee a background to the financial perspectives and noted that while the European Commission’s proposal is for a contribution of 1.26% of GNI (Gross National Income) that six of the main contributing countries have indicated that contributions should be no more that 1%. Mr O Sullivan noted that this is one of the main issues in the negotiations and that Irelands position is that it would not be possible deliver the most desirable package with a 1% contribution. Another issue highlighted is that of the European Union’s “own resources” system.

Mr O’Sullivan also outlined the priorities for Ireland in the negotiations, of which the main priority is to ensure the protection of the 2002 agreement on the Common Agricultural Policy perhaps followed in importance by ensuring that that there is a limit to any proposed financial correction mechanisms to alleviate what are deemed to be excessive budgetary contributions by some member states. Mr O’Sullivan reiterated that Ireland is also strongly supportive of the EU Commission’s cohesion proposals with regard to Greece Portugal and the new member states.

Following the introduction made by Mr Mc Donagh and the presentation made by Mr O’ Sullivan the Chairman invited questions from members of the committee.

A question and answer session followed during which all of the witnesses contributed to the discussion and answered the specific questions raised by members. The main additional points raised were as follows;

- That the witnesses and the committee agreed that any move to fund the CAP through co-financing should be strongly opposed.

- That the amalgamation of the Natura/Life Plus funding and the funding for rural development is a matter of concern and Mr Burke of the department of Agriculture and Food undertook to consider an issue regarding the legal basis of the proposal raised by Ms Avril Doyle MEP.

The discussion also covered issues such as the EU Solidarity Fund, funding for cross border cooperation and the establishment of a European Neighbourhood and Partnership Instrument.

Finally the Chairman thanked the witnesses for attending and for the presentations made.

Decisions taken by the Joint Committee

1. The Joint Committee broadly supported the approach outlined by the Departments in their presentation notwithstanding the points raised regarding co-financing of the CAP and the amalgamation of funding for proposals for environmental protection and rural development
2. The Joint Committee also agreed to ask the relevant Departments to keep the Committee informed of significant developments with regard to the advancing of the package of proposals.
3. It was agreed that the secretariat prepare a Draft report of the discussion to be circulated to members and agreed at the next opportunity and that the report should outline as follows;

The Joint Committee has considered six documents referred to it for further scrutiny namely;

- COM (2005) 108 [European Union Solidarity Fund]

- COM (2004) 501 [The Communities own resources]

- COM (2004) 505 [Operation of the own resources system]

- COM (2004) 492 [Regional Development Fund / Social Fund & the Cohesion Fund]

- COM (2004) 495 [Regulation on the Regional Development Fund]

- COM (2004) 496 [Cross border cooperation]

The Joint Committee broadly supports the approach being taken with regard to these proposals but wishes to be kept informed of developments in the negotiations.

Furthermore the Joint Committee noted the documents forwarded by the Sub-Committee for information namely;

- COM (2004) 487 [Commission communication on the financial perspectives]

- COM (2004) 627 [Instrument for Pre Accession Assistance]

- COM (2004) 628 [European Neighbourhood and Partnership Instrument]

- COM (2004) 630 [Instrument for Stability]

- COM (2004) 493 [European Social Fund]

- COM (2004) 494 [Cohesion Fund]

The committee suspended at 4.05 and resumed in Public Session at 4.08 p.m.

2. Minutes

The minutes of the meeting of 4^th May 2005 were circulated and agreed.

3. Correspondence

1. Correspondence received from the Chairman of the standing committee on Economic Affairs of the House of Representatives of the States General, The Hague. Regarding the 15th Eureka Inter Parliamentary Conference

- It was agreed to refer this matter to the Joint Committee on Education and Science since the subject matter is more appropriate to the Orders of reference of that Committee.



2. Correspondence received from the Bulgarian Ambassador, regarding a letter from His Excellency Associate Professor Borislav Velikov, regarding the signature of the Treaty of Accession of Bulgaria and Romania to the European Union.

- It was agreed to note this correspondence.



3. An invitation from the Finnish Parliament for members to attend an Inter-Parliamentary Tennis Tournament

- It was agreed to note this correspondence.



4. A letter received from the newly elected Chairman of the European Affairs Committee, from the Parliament of Denmark

- It was agreed to note this correspondence.



5. An article taken from ‘the Parliament magazine’, issue 202, 25 April 2005, entitled Balancing the Books, by Commissioner Hübner

- It was agreed to note this correspondence.

4. Any other business

It was noted that the next plenary session of COSAC would take place on Tuesday and Wednesday 17 – 18 May 2005 and that the Joint Committee will be represented by Senator Dardis. It was further noted that Senator Dardis would present the committee’s findings in respect of the Subsidiarity Test on the Third Railway package and that the secretariat will report back to the Joint Committee on the outcome of the session.

5. Adjournment

The committee adjourned to Thursday 19th May when the Committee would discuss the forthcoming General Affairs and External Relations Council with the Minister for Foreign Affairs.

The committee adjourned at 4.11 pm

John Deasy TD

Chairman

25^th May 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 19^th May 2005

Members present:

The committee commenced in Private Session at 10.54 a.m.

The committee suspended from 10.57 until 11.03 am and resumed in public session at 11.03 p.m.

4. Discussion in advance of the forthcoming General Affairs and External Relations Council (GAERC) with the Minister for Foreign Affairs, Mr. Dermot Ahern TD, Minister of State at the Department of Foreign Affairs, Mr. Conor Lenihan TD, and the Minister for Defence, Mr. Willie O’Dea T.D.

The Chairman welcomed the Ministers and their officials to the meeting.

The Chairman invited the Minister for Foreign Affairs, Dermot Ahern to begin his presentation on the forthcoming General Affairs and External Relations Council.

Following the Ministers presentation, it was agreed that the Minister for Defence, Willie O’Dea would make his presentation and that the Minister of States presentation and the question and answer session to the Minister for Foreign Affairs take place when the Minister for Defence had finished making his presentation.

Following the Ministers presentation, there was a question and answer session with members where the Minister answered questions put by members and noted their comments in relation to the items on the GAERC Agenda relating to Defence issues.

The committee suspended from 11.47 a.m.until 12.05 p.m. and resumed in public session at 12.05 p.m. due to dail vote

The Minister for Defence returned to continue answering questions put by members and noted their comments in relation to the items on the GAERC Agenda relating to Defence issues.

The Chairman thanked the Minister for Defence for his attendance and invited the Minister of State, Conor Lenihan to begin his presentation to the Committee.

Owing to time constraints the Minister of State did not have adequate time to finish his presentation and take all the members questions and the Chairman invited the Minister of State to return before the Committee at some time in the future to raise these issues. The Minister of State agreed to the Chairman’s request and the Chairman thanked the Minister for Foreign Affairs, the Minister of State and the department officials for attending the meeting.

5. Adjournment

The committee adjourned to Wednesday 25th May at 2.00pm when the Committee would meet with Officials from the Department of Finance to discuss the current status in relation to the Growth and Stability Pact.

The committee adjourned at 12.33 pm

John Deasy TD

Chairman

19^th May 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 25^th May 2005

Members present:

The committee commenced in Private Session at 1.55 p.m.

The committee went into public session at 2.03 pm

4. Discussion on the Stability & Growth Pact with officials from the Department of Finance

The meeting was attended by Mr Donal Mc Nally, and Mr Ronnie Downes, of the Department of Finance.

The Chairman welcomed the witnesses before inviting Mr Mc Nally to begin his presentation noted that members of the Committee have absolute privilege, but that the same privilege does not apply to witnesses appearing before the Committee. The Chairman further noted that the Committee could not guarantee any level of privilege to witnesses appearing before it. The Chairman also noted that, under the Salient Rulings of the Chair Members should not comment on, criticise or make charges against a person outside the House or an official by name in such a way as to make him or her identifiable.

The Chairman invited Mr Mc Nally to make his presentation following which there was a question and answer session during which Mr Mc Nally answered questions from members.

The Chairman thanked the witnesses for attending and for the briefing provided to members.

The committee suspended from 2.55 until 3 pm and resumed in public session at 3 p.m.

5. GAERC – Tsunami: Follow up on the EU Action Plan and Development Cooperation “Cluster”, with the Minister of State for Overseas Development and Human Rights, Mr Conor Lenihan TD,

The Chairman welcomed the Minister of State to the meeting and thanked him for making himself available to the committee so soon after his last visit.

The Chairman invited the Minister of State to make his presentation following which there was a question and answer session during which the Minister of State answered questions on items in relation to relevant items on the agenda for the General Affairs and External Relations Council earlier in the week.

6. Adjournment

The committee adjourned to Thursday 2 June at 2.00pm when the Committee would meet with the EU Commissioner for Regional Policy Ms Danuta Hubner

The committee adjourned at 3.48 pm

Barry Andrews TD

Chairman

2 June 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 2^nd June 2005

Members present:

The committee commenced in Private Session at 2.05 p.m.

The committee went into public session at 2.14 pm

6. Report on the XXXIII COSAC - Presentation by Senator John Dardis

The Chairman noted that Senator Dardis represented the committee at the recent plenary meeting of COSAC and invited the Senator to make some comments for the benefit of the committee regarding the outcome of the meeting.

The Chairman also noted that the Ceann Comhairle had also asked that the committee make reference to a measure to promote debate in Plenary of European Union issues and requested that Senator Dardis include this in his presentation.

Senator Dardis outlined the contribution he made to the COSAC Conference which included the background to the test in the Oireachtas the decisions taken by the Joint Committee and the recommendations for action made. Senator Dardis confirmed that the Joint Committee’s recommendation that COSAC call on the European Commission to provide more detailed justification of compliance with the principal of subsidiarity in the explanatory memoranda accompanying legislative proposals was reflected in the final contribution of the Conference.

Senator Dardis also noted that following from the Conference of Speakers of Parliament in Budapest, the Ceann Comhairle had asked the Joint Committee to mention at COSAC an initiative to promote plenary debate in National Parliaments of European Union issues.

Following the presentation, the Chairman thanked Senator Dardis for his report and for his contribution to a successful conference from an Oireachtas point of view.

A draft report on the meetings of COSAC during the Luxembourg Presidency was circulated to members and it was agreed that the report as circulated be laid before both Houses pursuant to the Orders of reference of the Joint Committee.

The committee suspended from 2.22 until 2.45 pm and resumed in public session at 2.45 p.m.

7. Exchange of Views with Commissioner Hubner: Update on the Financial Perspectives (2007-2013), and the negotiation of future Cohesion policy

The Chairman welcomed Commissioner Hubner to the meeting and requested that in her presentation that she include her views with regard to the recent referenda in France and the Netherlands on the proposed European Union Constitutional Treaty.

Following the Commissioner’s presentation there was a question and answer session during which Commissioner Hubner answered questions from members.

Finally the Chairman thanked the Commissioner for attending and for her interesting presentation.

8. Adjournment

The committee adjourned to Wednesday 15 June at 2.00pm when the Committee would meet to discuss the issue of GM foods

The Committee Adjourned at 3.48 pm

Barry Andrews TD

Chairman

15 June 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Joint meeting with the

JOINT COMMITTEE ON ENVIRONMENT AND LOCAL GOVERNMENT

Minutes of Meeting, 15^th June 2005

Members present:

The Joint meeting commenced in Private Session at 10.03 am

The Joint meeting went into public session at 10.20 am

1. Discussion with interested parties on the authorisation of Genetically Modified products across the Member States of the European Union: Scrutiny of EU legislative proposals relating to Genetically Modified Foods COM (2005)161 to COM(2005) 169 inclusive.

The Chairman welcomed all participants to the Joint meeting of two Oireachtas Committees, the Joint Committee on European Affairs and the Joint Committee on Environment and Local Government and thanked the Chairman (Deputy Sean Haughey) and members of the Joint Committee on Environment and Local Government for facilitating the Joint meeting of committees.

The Chairman introduced the topic which was the scrutiny of nine EU legislative proposals referred by the Sub-Committee on European Scrutiny to the Joint Committee on European Affairs for further scrutiny. He noted that one of the proposals related to the authorization of a Genetically Modified product COM(2005)163 and a further eight proposals related to national bans on certain GM products in some member states, COM(2005)161 to 169. The Chairman noted that it was also an opportunity to hear a range of views on the wider issue of GM Foods and GM bans.

The following witnesses were in attendance at the meeting and made presentations to members;

- Tom O’Mahony of the Department of the Environment Heritage and Local Government

- Dr Tom Mc Loughlin, Environment Protection Agency

- Mr Pat O’Mahony, Chief Specialist in Biotechnology, Food Safety Authority of Ireland

- Mr Oisin Coghlan, Director, Friends of the Earth and

- Mr Michael O’Callaghan, Gm-free Ireland Network

The following witnesses also attended and were available to answer questions from members and contribute to the debate;

- Ms Joan Regan, Assistant Principal Officer, Dept Health and Children

- Mr John Downey and Mr. Gerry Lohan, Department of Agriculture and Food and

- Mr John Heney, National Rural Development Chairman, ICSA (Irish Cattle and Sheep Farmers Association)

The Chairman having outlined the proposed format of the meeting drew attention to the fact that members of Oireachtas committees have absolute privilege, but that the same privilege does not apply to witnesses appearing before a committee. He confirmed that a committee cannot guarantee any level of privilege to witnesses appearing before it and that under the Salient Rulings of the Chair members should not comment on, criticise or make charges against a person outside the House or an official by name in such a way as to make him or her identifiable.

Following the presentations made by the witnesses attending the Chairman opened the discussion to members. There followed a question and answer session during which witnesses responded to questions from members.

It was noted that the matter would again come up for consideration in the context of a briefing by the Minister for the Environment, Mr Dick Roche TD to the Joint Committee on Environment and Local Government in advance of the forthcoming EU Environment Council.

It was agreed that in the meantime a letter should issue to the Minister enclosing the transcript of the meeting in order to allow him to have regard to the entirety of views expressed. In addition it was agreed that specific reference should be made to the fact that a consensus emerged in the meeting that the member states who had imposed bans on certain products should be supported at the forthcoming Council.

2. Adjournment

The joint meeting adjourned at 12.43 pm. sine die.

The committee adjourned at 12.43 pm

John Deasy TD

Chairman

29 June 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting, 15^th June 2005

Members present:

The committee commenced in Private Session at 12.46 pm

The committee adjourned at 12.50 pm

John Deasy TD

Chairman

29 June 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting

29^th June 2005

Members present:

The committee commenced in Private Session at 2.13 pm

The committee went into public Session at 2.22 pm

4. Report on Crans Montana Forum, 13-15 April 2005, Zagreb, Croatia

A report of the Crans Montana Forum held in Zagreb, Croatia on the 13^th – 15^th April 2005 (at which the Joint Committee was represented by Deputy Bernard Allen) was circulated to members. The Chairman invited Deputy Allen to make some comments on the report.

Deputy Allen commented that the conference focussing on the south-eastern region of the European Union covered topics such as enlargement, regional stability, the promotion of democracy and the rule of law, boosting economic growth and investment and regional stability. Deputy Allen went on to say that the conference was very successful and explained that the prospect of accession to the EU is a positive force for reform in the region and stressed the need for further economic development.

Deputy Allen also noted that views were expressed highlighting concerns in some quarters that the EU is still absorbing its most recent enlargement and that questions are posed as to the possible negative effects of further enlargement in the short term, (e.g., on jobs, competitiveness and immigration).

Following Deputy Allen’s presentation the Chairman invited questions from members and in the context of Deputy Allen’s remarks on the conference the Joint Committee touched on the debate on the Future of Europe and as to how the Joint Committee could contribute.

The Chairman also briefly outlined for the information of members an initiative of the Ceann Comhairle aiming to promote debate in plenary sessions in National Parliaments of EU issues which would be proposed to the Dail Committee on Procedure and Privileges and while noting that the proposal had not yet been agreed or finalised informed members that it was likely that one day would be set aside in the autumn to discuss EU issues in the chamber and that the Joint Committee would assist in framing the topic for debate.

The committee suspended from 2.41 – 2.43 pm

5. Discussion on the European Monitoring Centre for Drugs and Drug Addiction and also COM(2005)45, Communication from the Commission to the European Parliament and the Council on a EU Drugs Action Plan (2005-2008)

The Chairman welcomed the following witnesses to the meeting;

• Ms Kathleen Stack, of the Department of Community, Rural and Gaeltacht Affairs
• Ms Catherine Byrne of the Department of Justice, Equality and Law Reform
• Mr David Moloney of the Department of Health and Children

The Chairman who noted that this matter is the responsibility of a range of government Departments outlined for members that the Department of Community, Rural and Gaeltacht Affairs has a coordinating role with regard to the National Drugs Strategy, the Department of Health and Children are responsible for the EU Monitoring Centre and the “Demand for Drugs” while the Department of Justice Equality and Law reform look after the supply reduction side of the problem.

Before inviting the witnesses to speak the Chairman stated that the committee would be interested in what the EU Drugs Action Plan for 2005 – 2008 (welcomed at the recent EU summit) means for Ireland and the current strategies in place. The Chairman also specifically mentioned the EU Monitoring Centre and asked witnesses to mention what changes if any are in store if the regulation on the establishment of the agency is recast.

Ms Stack began by outlining the Irish context and gave an overview of the role of the Department of Community, Rural and Gaeltacht Affairs. Ms Stack also covered the recent mid term review of the National Drugs strategy and confirmed the addition of a fifth pillar to the strategy (Supply Reduction, Prevention, Treatment, and Research). The additional pillar Rehabilitation is in line with the EU Action plan.

Ms Catherine Byrnes, Department of Justice, Equality and Law Reform gave an overview of the EU Drugs Action Plan and specifically on the supply reduction objectives. Ms Byrne went through the actions contained in the EU Action plan and confirmed that many of the actions listed in the action plan are already in place in Ireland in so far as they are the responsibility of member states.

Mr Moloney briefly outlined the demand reduction activities in the EU Action plan and again confirmed that the National Drugs strategy addresses those objectives. Mr Moloney also referred to the activities of the EU Monitoring Centre.

The Chairman thanked the witnesses for their presentations and invited questions from members.

A question and answer session followed during which the witnesses answered questions from members on a range of topics such as community policing, European cooperation in the fight against drugs given different national arrangements, the relationship between An Garda Siochana and the Customs Office, funding for alternative crops, statistics on drug related deaths, regional variations in drug use and minimum sentences for drug offences.

The Chairman thanked the witnesses for their attendance.

6. Adjourn

The committee adjourned to Wednesday 13 July when it was agreed that the committee would meet in advance of the forthcoming General Affairs and External Relations Council.

It was noted that it might be necessary to meet in the morning and it was agreed that the secretariat would notify members as soon as possible.

The committee adjourned at 3.46 pm

John Deasy TD

Chairman

21^st September 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

13^th July 2005

Members present:

The committee commenced in Private Session at 10.00 am

The committee went into Public Session at 10.07 am

4. Discussion in advance of the forthcoming General Affairs and External Relations Council (GAERC) with the Minister of State for European Affairs, Mr Noel Treacy TD

It was noted that members had been circulated with briefing provided by the Department of Foreign Affairs along with the conclusions of the last meeting of the GAERC on 13 June 2005 and a document detailing the UK’s presidency priorities.

The Chairman invited the Minister of State to begin his presentation on the forthcoming General Affairs and External Relations Council.

Following the Minister of State’s presentation there was a question and answer session with members where the Minister of State answered questions put by members and noted their comments in relation to the items on the GAERC Agenda. The topics discussed included the emerging situation in Zimbabwe, CAP reform, Turkey’s accession to the EU, better regulation in the EU, the UK’s presidency priorities and Irelands participation in a rapid reaction force.

The Chairman thanked the Minister of State for his attendance.

5. Adjourn

The committee adjourned at 11.11 am sine die.

John Deasy TD

Chairman

21^st September 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

21 September 2005

Members present:

The committee commenced in Private Session at 2.30 pm

The committee adjourned at 2.50 pm

Barry Andrews TD

Vice Chairman

28 September 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

28 September 2005

Members present:

The committee commenced in Public Session at 2.40 pm

3. Discussion with Minister for Foreign Affairs Mr. Dermot Ahern T.D. in advance of the forthcoming meeting of the General Affairs and External Relations Council.

The Chairman welcomed the Minister for Foreign Affairs and noted that the Department had provided the usual briefing to members in relation to the forthcoming GAERC. The Chairman then invited the Minister to make a presentation.

Following the Minister’s presentation the Chairman invited questions from members of the committee. The following members contributed to the debate that followed; John Deasy (Chairman), Bernard Allen, Ruairi Quinn, Barry Andrews, Aengus O’Snodaigh, Feargal Quinn and Mae Sexton.

In conclusion the Chairman thanked the Minister of State and his officials.

The Joint Committee suspended at 3.45

The committee recommenced in Private Session at 3.46

The committee adjourned at 3.53pm.

John Deasy TD

Chairman

5 October 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

5 October 2005

Members present:

The committee commenced in Public Session at 2.05 pm

1. Discussion with interested parties on the subject of Human Trafficking.

The Chairman made some opening remarks following which he welcomed the witnesses to the meeting and thanked them for attending.

The following witnesses attended the meeting to discuss this issue;

Ms. Dianne Grammer, Chief of Mission, International Organisation for Migration

Ms. Delfine O’Keeffe, Migrant Rights Centre Ireland

Ms. Deirdre Coughlan, Dublin City University (conducting research for the Migrant Rights Centre Ireland)

Ms. Gillian Wylie, Trinity College Dublin

Ms. Kathleen Fahy, Director Ruhama

Ms. Pia Prütz Phiri, UNHCR and

Mr. David Joyce, Irish Congress of Trade Unions

The Chairman invited Ms Grammer to start the meeting by making her presentation. Ms Grammer defined trafficking, presented an overview of the problem and explained the International Organisation for Migration’s involvement in counter trafficking both in Europe and Worldwide. This presentation was followed by that of Ms. O’Keeffe who focussed on Trafficking for the purposes of forced labour.

Ms Wylie went on to describe results of research into trafficking for the purposes of sexual exploitation and was followed by Ms. Fahy who gave members an outline of the experience of Ruhama in Ireland in dealing with the victims of trafficking for this purpose.

Ms. Prütz Phiri and Mr Joyce also made presentations on the matter followed by Ms Coughlan who briefly described her initial views based on her research so far.

Following the presentations the Chairman invited questions from the floor. The Chairman and the following members took part in the ensuing debate; Deputies Ruairi Quinn, Bernard Allen, Paudge Connolly, Seamus Kirk, Mae Sexton, Barry Andrews and Aengus O’Snodaigh and Senator Mary Henry.

The specific matters raised included;

• the definition of trafficking as distinct from smuggling and the importance of this distinction in the context of any future legislation
• the legal framework in place in Ireland to deal with the problem
• support services and social protection
• legislation pertaining to work permits and the Employment Permits Bill
• difficulty in confirming the extent of the problem numerically

Following the debate the Chairman thanked the witnesses for attending and for their presentations and invited all hose attending to send submissions to the Joint Committee on the topic of trafficking and the wider topic of migrant workers in Ireland should they wish to do so.

The Joint Committee suspended at 3.59 p.m. and recommenced in public Session at 4.02 p.m.

2. Report on visit to Czech Republic, 19th to 23rd June 2005.

It was agreed to defer consideration of this report to the next meeting of the committee.

3. Minutes

The minutes of the meeting of 28 September 2005 were circulated and agreed.

4. Correspondence

The next item on our agenda is correspondence received by the Joint Committee and circulated since the last meeting

36.Draft agenda as well as registration and hotel booking forms for Interparliamentary Conference: “Free Movement of Workers within the European Union” to be held in Prague.

- It was agreed that two members should attend this conference in light of its relevance to the committee’s current examination of migratory issues.

37.Correspondence received from Ms. Sinéad McCann RE: Sub-committee on European Scrutiny, Decisions taken 21st September 2005.

- The Joint Committee noted the decisions taken at the meeting of the Sub-Committee on 21^st September 2005 and in particular noted document SEC(2005)547 regarding the preliminary Draft general budget of the EU for 2006 which was referred to the Joint Committee on Finance and the Public Service for further scrutiny and forwarded to the Joint Committee on European Affairs for information.

38.Correspondence received from Mr. Séan Aylward, Secretary General of the Department of Justice Equality and Law Reform in relation to participation at the next meeting of the JCEA.

- The Joint Committee noted that representatives of the Department of Justice would meet with the Joint Committee on 26^th October 2005.

39.Correspondence received from the Senate of the Republic of the Philippines regarding Rules of Procedure for ASEP III (Asia Europe Parliamentary Partnership).

- It was agreed to note this correspondence seeking a factual amendment to a document of the Asia - Europe Parliamentary Partnership.

40.Correspondence received from Deputy Aengus Ó Snodaigh, T.D. in relation to the Joint Committees forthcoming meeting, 5th October 2005.

- It was agreed to note this correspondence.

41.Correspondence received from the Chairman of the Committee on European Integration of the Bulgarian National Assembly.

- It was agreed to note this correspondence.

The committee went into private session at 4.03 p.m.

The committee adjourned at 4.10 p.m.

John Deasy TD

Chairman

19 October 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

13 October 2005

Members present:

The committee commenced in Public Session at 10.35 am

1. Presentation, followed by an exchange of views on “The Frontiers of Europe” with Ms. Salome Zourabichvili, Foreign Minister of the Republic of Georgia

The Chairman welcomed Ms Zourabichvili to the meeting and noted that members would be interested to hear her views on the frontiers of Europe and the interaction she expects between Georgia and the European Union in the coming years. Following these opening remarks the Chairman invited Ms Zourabichvili to make her presentation to the committee.

The Minister outlined for members the current situation in Georgia explaining that Georgia is in a significant period of development and is involved in the process of establishing the institutions and instruments of the modern European state and is working toward membership of the Union. Ms Zourabichvili went on to say that European aspiration is one of the main driving forces behind the current reforms aimed at the consolidation of democracy. In her presentation the Minister also noted that Georgia is considering the European Union’s neighbourhood policy and is ready to be partners with the EU in designing an effective neighbourhood policy. Ms Zourabichvili also outlined the strategic importance of Georgia and its neighbouring countries as a transit route for trade with the European Union and making stability in the region an important issue in which she welcomes the Union’s involvement and support.

Following the Minister’s presentation the Chairman opened the floor to members and the following members engaged in the ensuing discussion; Deputies John Deasy (Chairman), Ruairi Quinn, Joe Walsh, Dan Wallace and Senators Feargal Quinn and Don Lydon; all of whom joined with the Chairman in welcoming the Foreign Minister to Ireland and to the meeting. During the discussion members raised matters such as Georgia’s relations with Russia; border management and the situation in Abkhazia.

Finally the chairman and members thanked Ms Zourabichvili for meeting with the committee and noted that that this was the first occasion a Foreign Minister from Georgia had visited Ireland.

The Joint Committee suspended at 11.22 a.m. and recommenced in public Session at 11.23 a.m.

2. Draft Second Annual Report of the Sub-Committee on European Scrutiny

It was agreed to defer consideration of the report to the next meeting of the Joint Committee.

3. Minutes

It was agreed to defer consideration of the minutes of the previous meeting to the next meeting of the Joint Committee.

The committee went into private session at 11.25 a.m.

The committee adjourned at 11.27 a.m.

John Deasy TD

Chairman

19 October 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

19 October 2005

Members present:

The committee commenced in Private Session at 2.03 pm

The Joint Committee went into public session at 3.01 pm

4. Draft Second Annual Report of the Sub-Committee on European Scrutiny

The Chairman invited Deputy Bernard Allen, Chairman of the Sub-Committee on European Scrutiny to comment of the report. Deputy Allen briefly outlined the evolution of Oireachtas Scrutiny and the work of the Sub-Committee. Deputy Allen made particular reference to the volume of work undertaken by the members of the Sub-Committee and thanked them for their dedication to the task. Deputy Allen also thanked the staff of the Sub-Committee for their work in facilitating the work.

Following Deputy Allen’s remarks the Chairman opened the floor to members. A discussion of the report followed in which the importance of scrutiny was emphasised. The way in which EU directives are transposed in Ireland and the potential impact on competitiveness was specifically raised and Deputy Allen suggested that the Sub-Committee, as an exercise might consider how Ireland compares to other jurisdictions in the way directives are applied.

The Chairman and members of the committee thanked the members of the Sub-Committee on the work done in the previous year and on the report presented,

It was agreed that the report as circulated be laid before both Houses of the Oireachtas

5. Joint Committee’s contribution to the period of reflection on the future of the European Union

This matter was dealt with in Private session earlier in the meeting

6. Draft Report of the Joint Committee’s meeting with the European Affairs Committees of the Parliament of the Czech Republic.

The Chairman made some opening remarks on the report of the Joint Committee’s meeting with the European Affairs Committees of the Parliament of the Czech Republic in Prague in June 2005. Following the Chairman’s remarks it was agreed that the report as circulated be laid before both Houses of the Oireachtas.

7. Draft Report on the Scrutiny of the Draft Preliminary Budget 2004

A Draft Report of this Committee’s consideration of the Draft General Budget of the European Communities for the financial year 2004 was circulated to members and it was agreed that the report as circulated be laid before both Houses of the Oireachtas.

8. Minutes

The minutes of the meetings of 5^th October 2005 and 13^th October 2005 were circulated and agreed

9. Correspondence

49.Newspaper – EU Reporter, 10^th – 23^rd October 2005.

- It was agreed to note this correspondence.

50.Correspondence received by the Chairman, from the Minister for European Affairs, Mr Noel Treacy T.D., regarding Oireachtas scrutiny and the period of reflection in the European Union.

- It was noted that this correspondence was received by all Chairmen of Oireachtas Committees and that the Committee would support the Minister of States emphasis on the importance of effective scrutiny of EU legislation. It was also noted that the Committee has already considered what role it should play in the period of reflection.

It was agreed to note this correspondence.

It was also noted that Oireachtas Committee’s are being encouraged to finalise any outstanding scrutiny matters referred to them and that the Joint Committee has a small number of items to finalise. It was agreed that the secretariat would report to the committee the work on hand

51.Email correspondence forwarded by Deputy Bernard Allen regarding Commission Regulation (EC) No 2064/97 establishing detailed arrangements for the implementation of Council Regulation (EEC) No 4253/88 as regards the financial control by Member States of operations co-financed by the Structural Funds (Copy of regulation also attached for information)

and

52.Email correspondence forwarded by Senator Feargal Quinn, also in relation to Commission Regulation (EC) No 2064/97.

- It was noted that the secretariat had circulated the text of the regulation referred to in the correspondence. It was agreed to seek further information on this matter from the Department of Finance and to instruct the secretariat to acknowledge receipt of this correspondence confirming that further inquires are being made.

53.Correspondence received from the Finnish Parliament regarding ASEP IV (Fourth Asia - Europe Parliamentary Partnership Meeting) to be held in Helsinki in May 2006.

- It was agreed to note this correspondence.

54.Correspondence received regarding the visit of a delegation of members of the Swiss parliament on 21 - 26 November 2005.

- It was agreed to meet with the delegation from the Swiss Parliament on Wednesday 23 November at 2.00pm.

55.ASAM Analysis Bi-Weekly News Brief, September 1-30, 2005.

- It was agreed to note this correspondence.

56.Correspondence received from Ms. Delphine O’ Keeffe, from the Migrant Rights Centre Ireland, in relation to the Joint Committee’s proposed meeting on the 26th October 2005.

- It was agreed to confirm to Ms O’Keeffe that a representative of the Migrant Rights Centre Ireland could attend the meeting of the Committee planned for 26^th October.

10. Any Other Business

The Joint Committee agreed to meet outside of the normal meeting time if that would facilitate the Minister of Agriculture and Food in attending regarding the Draft Veterinary Medicines Regulations.

11. Adjourn

The Committee adjourned at 3.28 pm until Wednesday 26^th October 2005 at 2.00pm

John Deasy TD

Chairman

2 November 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

25 October 2005

Members present:

The committee commenced in Public Session at 1.04 pm

1. Discussion with Officials from the Department of Agriculture and Food re: European Aspects of the Draft Animal Remedies Regulations 2005

The Chairman noted that it had been agreed at the last meeting of the Committee to discuss European Aspects of the Draft Animal Remedies Regulations 2005 with the minister for Agriculture and Food if she was available or with officials from the Department.

The Chairman noted that the Minister due to previous commitments was unable to attend and thanked the witnesses from the Department of Agriculture and Food for attending at such short notice.

The meeting was attended by

– Mr Seamus Healy – Assistant Secretary, Department of Agriculture and Food and

– Mr Richard Healy – Principal Officer, Department of Agriculture and Food

The Chairman made some opening remarks and asked some preliminary questions which it was hoped would be addressed by the witnesses. The Chairman then invited Mr Healy to make a presentation to the Committee.

Following Mr Healy’s presentation a question and answer session took place with the members of the Committee during which the witnesses answered questions.

The Joint Committee was broadly satisfied with the clarification received from the witnesses on this issue and welcomed the recent positive clarifications in relation to the proposals earlier announced. Though some reservations were expressed, particularly with respect to wisdom of gambling on a positive outcome at the expert committee, the Joint Committee wished the Department success in the approach taken by the Minister with regard to the matter.

It was agreed that the Department of Agriculture and Food would keep the Joint Committee informed of progress with regard to the negotiations and specifically inform the committee of the decision to be taken at EU level with regard to a possible list of exempted medicines.

The Chairman thanked the witnesses for attending and for their contribution.

The Joint Committee suspended between 2.25 pm – 2.26 pm

2. Any Other Business

Next weeks meeting

It was agreed to meet with the Minister of State for European Affairs in advance of the General Affairs and External Relations Council outside of the normal meeting time, at 11.30 am on Wednesday 2^nd November 2005.

3. Adjourn

The Committee adjourned at 2.27 pm until Wednesday 26^th October 2005 at 2.00pm

John Deasy TD

Chairman

26 October 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

26 October 2005

Members present:

The committee commenced in Private Session at 2.07 pm

The committee commenced in Public Session at 2.09 pm

1. Discussion with Government Departments and other interested parties on Migration Issues and Human Trafficking.

The Chairman welcomed the witnesses to the meeting and following some opening remarks invited the witnesses to make their presentations. The following witnesses attended the meeting;

Department of Justice Equality and Law Reform

– Mr. Paul Burns – Immigration Policy

– Ms. Catherine Byrne – Drugs and Organised Crime Division

– Mr. Paul Murray – Criminal Law Division

Department of Social and Family Affairs

– Mr. Brian O’Raghallaigh – Assistant Director General

– Mr. Tim Quirke – Principal Officer

– Mr. Leonard Burke – Principal Officer

Department of Enterprise, Trade and Employment

– Mr Sean Ward, Principal Officer

– Mr Sean Murray, Principal Officer

Immigrant Council of Ireland

– Ms. Denise Charlton

Migrant Rights Centre Ireland

– Ms Delphine O’Keeffe

Irish Congress of Trade Unions

– Ms Esther Lynch, Legislation and Public Affairs Officer

– Mr David Joyce

Presentations were made by the officials from the Department of Justice, Equality and Law Reform; Mr. Brian O’Raghallaigh of the Department of Social and Family Affairs; the officials from the Department of Enterprise Trade and Employment; Ms Charlton of the Immigrant Council of Ireland followed by Ms O’Keeffe of the Migrant Rights Centre Ireland and finally Ms Lynch of the Irish Congress of Trade Unions.

Following the presentations the Chairman invited questions from the floor. The Chairman and the following members took part in the ensuing debate; Deputies Bernard Allen, Barry Andrews, Seamus Kirk and Michael Mulcahy

The specific matters raised included;

– social welfare benefits/habitual residence clause

– investigations of exploitation by the department of Enterprise trade and Employment

– “ownership” of work permits

– access to information

– cross agency cooperation/coordination

Following the debate the Chairman thanked the witnesses for attending and for their presentations and invited all those attending to send submissions to the Joint Committee on the topic of trafficking and the wider topic of migrant workers in Ireland should they wish to do so.

The Chairman further noted that it had been proposed that the joint committee produce a report on the topic and that a proposal would be put to the Committee shortly.

2. Draft Report on the Scrutiny of COM(2002)410: Proposed Council Directive introducing special tax arrangements for diesel fuel used for commercial purposes and to align the excise duties on petrol and diesel fuel.

It was agreed that the report as circulated be laid before both Houses of the Oireachtas.

3. Minutes

The minutes of the meeting of 25^th October 2005 were circulated and agreed.

The committee suspended from 3.34 – 3.35 pm

The committee resumed in private session at 3.36 pm

The committee adjourned at 3.39 pm

John Deasy TD

Chairman

2 November 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

2 November 2005

Members present:

The committee commenced in Private Session at 12.50 pm

The committee suspended from 12.54 – 1.01 pm

The committee commenced in Public Session at 1.01 pm

1. Discussion in advance of the forthcoming General Affairs and External Relations Council (GAERC) with the Minister of State for European Affairs, Mr Noel Treacy TD

The Chairman welcomed the Minister of State and his officials to the meeting and noted that members had been circulated with briefing provided by the Department of Foreign Affairs along with the conclusions of the last meeting of the GAERC.

The Chairman invited the Minister of State to begin his presentation on the forthcoming General Affairs and External Relations Council.

Following the Minister of State’s presentation there was a question and answer session with members where the Minister of State answered questions put by members and noted their comments in relation to the items on the GAERC Agenda.

The Chairman also raised an issue that the Joint Committee had dealt with in Private session regarding the European Commission’s case against Italy for discrimination against non-national university teaching staff. The Minister of State confirmed that a decision regarding attendance of an Irish representative at the case would be taken in due course.

The Chairman thanked the Minister of State and his officials for his attendance.

2. Any Other Business

There were no matters raised under any other business.

3. Adjourn

The committee adjourned at 2.14 pm, sine die

Barry Andrews TD

Vice-Chairman

9 November 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

9 November 2005

Members present:

The committee commenced in Private Session at 2.04 pm

The committee suspended from 2.54 – 2.55 pm and commenced in Public Session at 2.55 pm

5. Draft Report on the Conference of Chairpersons of European Affairs Committees of the member states of the European Union and the European Parliament (COSAC) during the UK presidency of the European Union.

The Chairman invited Deputy Mulcahy to report on the meetings of COSAC during the UK Presidency. Following Deputy Mulcahy’s remarks there was a discussion with other members of the Joint Committee on various aspects of the meetings inter alia;

• the status of special guests at COSAC and
• the proposal to hold a subsidiarity check

It was agreed to make a minor amendment to the paragraph on special guests and that the report as amended be laid before both Houses of the Oireachtas. [Amendment agreed “aspiring member states” should be amended to “near neighbour states” in section 1.2 paragraph 2].

It was also agreed that the committee may consider the rules of COSAC and the Council regarding guest/observer status and whether the same rules should apply.

It was agreed that the report as amended be laid before both Houses of the Oireachtas.

The committee suspended from 3.19 – 3.20 pm and resumed in Private Session at 3.20 pm

The committee adjourned at 3.33 pm

John Deasy TD

Chairman

1 December 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

16 November 2005

Members present:

The committee commenced in Private Session at 2.35 pm

The committee went into public session at 2.36 pm

4. Discussion in advance of the forthcoming General Affairs and External Relations Council (GAERC) with the Minister for Foreign Affairs, Mr Dermot Ahern TD, Minister of State for European Affairs, Mr Conor Lenihan TD

The Chairman welcomed the Minister for Foreign Affairs Mr Dermot Ahern TD and the Minister of State for Development Cooperation Mr Conor Lenihan TD to the meeting and invited the Minister to make his presentation on the forthcoming General Affairs and External Relations Council.

The Minister noted that this is the fourth full GAERC of the UK presidency and that the agenda for the discussions is quite heavy. The Minister noted that the November Council (as is traditional) would discuss ESDP issues and that the Minister for Defence Mr Willie O’Dea would attend the Council to deal with these matters. The Minister also noted that one session would concern development cooperation issues and that Minister of State Lenihan would represent Ireland in these negotiations.

Minister Ahern before outlining the matters to be discussed at the Council proper noted that Ministers would meet in the Civilian Capabilities Improvement Conference format to review personnel commitments made by member states for civilian crisis management operations in the framework of ESDP, progress on which was a priority for the Irish presidency.

The Minister went on to outline the major issues such as;

• the future financial perspectives of the European Union and the securing of a deal protecting the October 2002 agreement on the Common Agricultural policy and securing adequate funding for regions in transition.
• the agenda for the European Council 16^th – 17^th December
• Post-tsunami follow-up
• The Middle East Peace process concentrating on developments in relation to the proposed EU mission to provide assistance with the operation of crossings at Gaza’s borders
• preparations for the EUROMED summit in Barcelona on 27 and 28 November at which the Taoiseach will represent the Government
• the situation in Iraq following the approval by referendum of the new constitution and in the context of preparations for new democratic elections on 15 December 2005 and the continuing concern at the security situation
• developments in regard to Bosnia-Herzegovina and the hope that the EU will open negotiations on a stabilisation and association agreement on 21 November 2005
• EU- Iran relations focussing on developments concerning the Iranian nuclear programme
• preparations for the EU-Canada summit and the EU-Ukraine summit
• the WTO ministerial meeting and the Doha development agenda

The Minister also noted the main items on the agenda for Ministers for Defence; military capabilities, civil and military issues and the European Defence Agency.

Following the Minister’s presentation the Chairman invited Minister of State Conor Lenihan TD to address the development cooperation matters on the council agenda including

• the updating of the EU’s development policy and the new development policy statement
• the trading capacity of least developed countries and the “aid for trade” package
• debate to discuss the effectiveness of EU external action focussing on ways to improve the effectiveness of its aid and set out concrete milestones to be met in the coming year
• conclusions on the long-term global strategy towards Africa and
• a review of EU capacity to respond to humanitarian disasters

Following the presentations made there was a question and answer session with members where the Minister and Minister of State answered questions put by members and noted their comments in relation to the items on the GAERC Agenda.

• Irelands participation in rapid response groups
• the EU’s engagement in the situation in Iraq
• the Future financial perspectives and the long term effect of enlargement on contributions
• Protection of the Common Agricultural policy (CAP) in the context of the WTO talks
• EU Ukraine relations
• the decision making process at Council level in the enlarged EU

The Chairman thanked the Minister and Minister of State for attending.

The committee suspended from 4.07 – 4.08 pm and resumed in Private Session at 4.08 pm

The committee adjourned at 4.10 pm

John Deasy TD

Chairman

30 November 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

23 November 2005

Members present:

The committee commenced in Public Session at 2.05 pm

1. Exchange of views on matters of mutual interest, with a delegation from the Parliament of Switzerland

The Chairman welcomed the delegation and thanked them for making themselves available to meet with the committee. The Chairman went on to introduce the following members of the delegation;

• Mrs. Thérèse Meyer-Kaelin, President of the National Council,
• Mr. Hans Fehr,
• Dr. Johannes Randegger,
• Dr. Felix Walker,
• Mr. John Clerc, Deputy Secretary General, accompanying the delegation,

The Chairman invited Ms Meyer-Kaelin to make some opening remarks. The President made a statement regarding Switzerland’s relations with the European Union which she explained is based on a series of bilateral agreements mainly to secure market access but also covering co-operation in policy areas such as internal security, legal assistance, asylum, culture and the environment. The President also gave the committee an overview of the history and current situation with regard to Swiss membership of the EU. Ms Meyer-Kaelin’s opening remarks were followed by a contribution from her colleague Mr Randegger.

The chairman opened the floor to members and a question and answer session followed during which all members of the delegation contributed to the debate in response to questions from the Joint Committee which covered inter alia the following topics;

• neutrality and Swiss involvement in peace keeping and peace enforcement missions
• the partnership for peace
• whether Switzerland perceives any disadvantage in not being a member of the EU and public opinion and perceived stumbling blocks with regard to membership
• the Swiss parliamentary model and
• the Swiss contribution to the social and cohesion fund for new member states

In conclusion the Chairman thanked the delegation for the exchange of views and wished them well for the remainder of their visit.

The committee went into private session at 3.19 pm

The committee adjourned at 3.36 pm

John Deasy TD

Chairman

30 November 2005

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

30 November 2005

Members present:

The committee commenced in Public Session at 2.04 pm

1. Presentation by Mr Andreas Herdina, (European Commission) on the European Union Neighborhood Policy in Belarus, Moldova, Ukraine and the Caucasus.

The Chairman welcomed Mr. Herdina to the meeting and made some opening remarks noting that the Joint Committee was considering the European neighborhood Policy in the context of the period of reflection and the future of the European Union. Following these opening remarks the Chairman invited Mr. Herdina to make a presentation to the committee.

Mr. Herdina outlined development to date of the European Neighborhood policy and noted that the rationale behind the Policy is to engage with neighbours in supporting and encouraging reform towards good governance, the rule of law, institutional reform and building administrative capacity overcoming common challenges such as illegal migration and organised crime. Mr. Herdina went on to note that the Policy is designed to be distinct from enlargement and does not hold out the offer of accession but cooperates with neighbors on the basis of agreed action plans promoting reform and increasing stability and prosperity.

Mr. Herdina went on to outline the countries covered by the European Neighborhood Policy (ENP) and noted that in the coming months the Commissioner responsible plans to report to the European Council on the state of play of the ENP will be available to the plenary session of the European Parliament (January) to answer questions on the policy. In the longer term it was noted that the Commission intends to publish progress reports at the end of 2006 on the implementation of commitments made in the actions plans agreed with countries covered by the policy.

Following the presentation the Chairman opened the floor to members for a question and answer session during which Mr. Herdina answered questions on the topic covering such matters as;

• EU Russia relations in the context of the ENP
• the possibility of raising expectations in neighborhood countries with regard to accession and the sensitivities regarding the capability of the European Union to further absorb new members
• the emphasis of the security objective of the Policy, and
• the role of national parliaments in the process

Finally the Chairman thanked Mr Herdina for attending and for his interesting contribution.

The committee suspended from 2.55 pm – 3.05 pm and resumed in public session at 3.05 pm

2. Presentation and exchange of views on matters of mutual interest, with the President of the Republic of Cyprus, His Excellency Mr Tassos Papadopoulos.

The Chairman thanked the President for attending and welcomed him and his delegation to Ireland. The Chairman then invited Mr. Papadopoulos to make a presentation to the committee.

His Excellency, Mr Papadopoulos made some brief remarks following which he invited questions from members of the Joint Committee.

A Question and answer session followed during which, the following topics among others were discussed;

• The Republic of Turkey’s accession to the European Union
• Possible assistance that could be offered to Cyprus in relation to creating a united Cyprus
• Trade and Tourism between Ireland and Cyprus
• Progress towards economic and monetary union and
• The political system in Cyprus

The Chairman again thanked the President for meeting with the committee and for the welcome and assistance the committee received when visiting Cyprus in the previous year.

The committee went into private session at 3.55 pm

The committee adjourned at 4.24 pm

John Deasy TD

Chairman

8^th February 2006

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

1 December 2005

Members present:

The committee commenced in Public Session at 11.15am

1. Scrutiny of COM(2005)375: Proposed Regulation on Community statistics on migration and international protection.

• Mr. Gerry O’Hanlon, Director of demographic and social statistics and Ms. Helen Cahill statistician responsible for population estimates and projections – Central Statistics Office
• Mr. Thomas Whelan –Department of Social and Family Affairs
• Mr Brendan Shanahan and Ms Aedin Doyle – Department of Enterprise, Trade and Employment and
• Ms. Maura Conneely –Office of the Revenue Commissioners

The Chairman noted that the discussion of COM 375 is in the context of work that the Joint Committee is doing on Migration and related issues about which the Joint Committee is compiling a report and that during discussions with other relevant parties concern had been expressed regarding the compilation of accurate statistics for migrant workers.

Mr O’Hanlon, making a presentation to the Committee, gave an overview of the population migration statistics which the CSO is publishing and the proposed regulation of the European Parliament and Council on Community statistics on migration and international protection and how it will impact on the CSO.

In terms of the proposed directive COM 375 Mr OHanlon made the following points;

• It is currently possible for Ireland to produce most of the data required, with the exception of certain variables such as citizenship and country of birth of emigrants.
• The proposal will create some difficulties for the CSO but these matters have been raised with the commission such as

– the proposed reference period (one calendar year) will be problematic for Ireland because the current reference period is the 12 months to mid-April




– proposed additional socio-economic breakdowns some of which are not available from the QNHS



• In general, the proposed regulation will not have major implications for what we do at present but it will cause some difficulties.

Following Mr O’Hanlon’s presentation the Chairman opened the floor to members of the committee for a question and answer session during which the witnesses responded to questions from members. The discussion focussed mainly on the difficulty in assessing the numbers of migrant workers in Ireland and the methodology used by the CSO. Essentially the CSO is satisfied with the way statistics on migration are being compiled and regards the results as robust.

The issue of people working under false identities (which is a matter for the Department of Social and Family Affairs) was also raised and it was noted that the Department is developing a strategy to combat this and tighten up the system.

The Chairman thanked the witnesses for attending.

Sitting suspended at 12.17 p.m. and resumed at 12.23 p.m.

2. The implementation of EU legislation through national regulations: an exchange of views in relation to the draft nitrates regulations.

The Chairman welcomed the following witnesses to the committee;

• Mr Pat Duggan and Mr John Sadlier – Department of Environment Heritage and Local Government
• Mr Seamus Crosse – TEAGASC
• Mr Michael O’Donovan, Mr Matt Sinnott and Mr Tom Quinlivan of the Department of Agriculture and Food
• Mr Pat O’Keeffe, Chairman of IFA Pigs Committee and Mr James Brady, Executive Secretary to the IFA Pigs Committee
• Mr. John Dillon, President of the Irish Farmers Association
• Mr. Tom Hanlon

The Chairman noted that the Joint Committee’s particular perspective on this issue arises from a concern raised in committee discussions on numerous occasions at the way in which EU directives are implemented in Ireland and whether the implementation goes beyond what was originally intended by the directive.

The Chairman then invited the witnessess to make a presentation to the committee. Mr Sadlier from the Department of Environment Heritage and Local Government began followed by Mr. John Dillon, president of the IFA and Mr. Pat O’Keeffe Chairman of IFA Pigs Committee

A question and answer session followed during which members raised questions which were addressed by all witnesses attending.

It was agreed to ask the witnesses to put together an indication on how they plan to assist farmers with the implementation of the regulations and to report back to the Committee.

The Chairman also asked that departments take into account the opinions expressed both by farmers but also members of the Joint committee and agreed to send a copy of the transcript to the Departments concerned for information.

Finally the Chairman thanked the witnesses for attending

The committee went into private session at 2.28 pm

The committee adjourned at 2.31 pm

John Deasy TD

Chairman

23 February 2006

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

8 December 2005

Members present:

The committee commenced in Public Session at 11.15am and immediately suspended to allow for Votes in the Dail.

The Committee recommenced in public session at 12.05pm

1. Progress Report on the Draft Report of the Joint Committee on Migration issues. Discussion with Ms Katherine Meenan, consultant to the Committee on the progress of the Draft Report

The Joint Committee agreed to postpone consideration of Item 1 on the agenda to later in the meeting.

2. Discussion with Minister of State, for Foreign Affairs Mr Noel Treacy T.D., in advance of the forthcoming General Affairs and External Relations Council

The Chairman welcomed the Minister of State for European Affairs Mr Noel Treacy TD to the meeting and invited the Minister of State to make his presentation on the forthcoming General Affairs and External Relations Council.

The Minister of State noted that the meeting of the General Affairs and External Relations Council, GAERC, will be the final full meeting under the UK Presidency and will be mainly concerned with the preparation of the European Council on 15 and 16 December and went on to outline the major issues to be discussed inter alia;

• The Financial perspectives 2007 – 2013 including issues such as the British Budgetary rebate, and the protection of the agreement on the Common Agricultural Policy,
• preparations for the European Council (which will deal with the financial perspectives, the future direction of Europe, Africa, a global approach to migration, counter-terrorism, sustainable development, climate change and sustainable energy, growth and jobs and external relations and an EU Presidency statement on better regulation,
• recent developments in the area of enlargement including the Commission’s enlargement strategy paper, emphasises the need for rigorous conditionality which Ireland broadly supports
• in External Relations an EU-Africa strategy; the peace process between Ethiopia and Eritrea and recent developments with regard to Kosovo will be discussed
• The Commissioner for External Relations and European Neighbourhood Policy, Ms Benita Ferrero-Waldner, will present an oral report, outlining the main achievements of the European neighbourhood policy during 2005 and setting out priorities for 2006
• sixth World Trade Organisation ministerial talks

Following the Minister of State’s presentation the Chairman opened the follow to members of the Committee for a question and answer session during which the Minister of State responded to questions which touched on all of the issues above. In addition the following points were raised during the debate;

In the context of the financial perspectives the future of cohesion funding was raised and it was also noted that the total cost to the taxpayer of the European project is not burdensome. In the context of “Better regulation” the view was expressed that this should take into account protection from a “race to the bottom”. Future enlargement of the European Union also featured in the discussion as did the National debate on the Future of Europe; (it was agreed that the report of the Austrian presidency on the future of the European Union should be made available to the Joint Committee),

Following the debate the Chairman thanked the Minister of state for his attendance and for the useful discussion.

The committee suspended from 1.31 – 1.33 pm and resumed in private session at 1.33 pm

The committee adjourned at 2.00 pm

John Deasy TD

Chairman

15 February 2006

JOINT COMMITTEE ON EUROPEAN AFFAIRS

Minutes of Meeting,

14 December 2005

Members present:

The committee commenced in Private Session at 2.01 pm

The committee went into public session at 2.38 pm

2. Discussion with officials from the Department of Justice, Equality and Law Reform and a representative of the Irish Human Rights Commission on the proposal to establish a European Agency for Fundamental Rights (COM(2005)208).

The Chairman welcomed the following officials from the Department of Justice, Equality and Law Reform and the Irish Human Rights Commission:

• Mr. Frank Boughton, Principal Officer – Department of Justice, Equality and Law Reform
• Mr. Michael Kelly, Assistant Principal – Department of Justice, Equality and Law Reform
• Dr. Maurice Manning – President of the Irish Human Rights Commission

The Chairman invited Mr Boughton to make a presentation to the Committee and Mr Boughton gave a brief overview of the background to the proposal, outlined the progress achieved to date in the negotiations at Council working party level in Brussels and then outlined the key articles in the proposed Council regulation.

Mr Boughton noted that though discussions are at an early stage the main issues emerging are;

• the remit of the agency with respect to third countries
• how to avoid overburdening the new body in the early stages after establishment;
• the areas of activity of the agency and the Commission’s role in formulating the proposed five-year multi-annual framework programme of work;
• the agency’s relationship with bodies such as the Council of Europe and the United Nations and how to avoid duplicating the activities of these bodies;
• and the structure and management of the agency and how to ensure its independence;
• the legal base of the proposal; (the views of the Office of the Attorney General on the legal base issue have been requested)

Mr Boughton further noted that while Ireland broadly welcomes the Commission’s proposals, they are the subject of ongoing examination to assess the implications for Ireland and that the Joint Committee may wish to revisit the issue at a later stage.

Mr Manning then put forward the views of the Irish Human Rights Commission on the matter and noted that the European group of national human rights institutions had examined the proposals in detail (copies of its observations were circulated to members) and in principle welcomes the proposal but also has serious misgivings particularly around the issue of the independence of the new agency and that the agency’s range of activities will be limited by the multi-annual framework determined by the EU Commission. However Mr Manning stated that many of these concerns such as those expressed in other national parliaments are being listened to and referring to Mr Boughton’s point that this is a proposal which is still in flux and the agency, as it develops over time, may well transform itself into a true human rights agency

It was agreed that the Department of Justice, Equality and Law Reform would keep the Committee informed of developments.

The committee suspended from 3.29 – 3.30 pm and resumed in private session for the remainder of the meeting

The committee adjourned at 3.35 pm

John Deasy TD

Chairman

15 February 2006

APPENDIX 9
Minutes of the meetings of the Select Committee on European Affairs

There were no meetings of the Select Committee

APPENDIX 10 Minutes of the meetings of the Sub Committee on European Affairs

The minutes of the Sub-Committee on European

Scrutiny are available to view in the Annual Report 2005 of the Sub-Committee on European Scrutiny

¹ Bernard Allen replaced Jim O’Keeffe by order of the Dáil on 20 October 2004

² Barry Andrews was elected Vice Chairman on 25 November 2004

³ Paudge Connolly replaced Marian Harkin by order of the Dáil on 16 June 2005

⁴ John Deasy replaced Gay Mitchell by order of the Dáil on 20 October 2004 and was elected as Chairman on 20 October 2004

⁵ Michael Mulcahy replaced Seán Haughey by order of the Dáil on 18 November 2004

⁶ Ruairí Quinn replaced Jack Wall by order of the Dáil on 7 November 2002

⁷ Dan Wallace replaced Michael Mulcahy by order of the Dáil on 16 November 2004

⁸ Joe Walsh replaced Pat Carey by order of the Dáil on 16 November 2004

¹ Bernard Allen replaced Jim O’Keeffe by order of the Dáil on 20 October 2004

² Barry Andrews was elected Vice Chairman on 25 November 2004

³ Paudge Connolly replaced Marian Harkin by order of the Dáil on 16 June 2005

⁴ John Deasy replaced Gay Mitchell by order of the Dáil on 20 October 2004 and was elected as Chairman on 20 October 2004

⁵ Michael Mulcahy replaced Seán Haughey by order of the Dáil on 18 November 2004

⁶ Ruairí Quinn replaced Jack Wall by order of the Dáil on 7 November 2002

⁷ Dan Wallace replaced Michael Mulcahy by order of the Dáil on 16 November 2004

⁸ Joe Walsh replaced Pat Carey by order of the Dáil on 16 November 2004

¹ Bernard Allen replaced Jim O’Keeffe by order of the Dáil on 20 October 2004 and was elected Chairman of the Sub-Committee on 4 November 2004

² Michael Mulcahy replaced Seán Haughey by order of the Dáil on 18 November 2004

³ Joe Walsh replaced Pat Carey by order of the Dáil on 16^th November 2004

⁴ Paudge Connolly replaced Marian Harkin by order of the Dáil on 16 June 2005

⁵ Barry Andrews was elected Vice Chairman of the Joint Committee on 25 November 2004

⁶ John Deasy replaced Gay Mitchell by order of the Dáil on 20 October 2004 and was elected Chairman of the Joint Committee on 20 October 2004

⁷ Dan Wallace replaced Michael Mulcahy on the Joint Committee by order of the Dáil on 16th November 2004

⁸ Ruairí Quinn replaced Jack Wall by order of the Dáil on 7^th November 2002