FEBRUARY2007
IRELAND - EU POLITICAL ITEMS
THE NATIONAL PLATFORM EU RESEARCH AND INFORMATION CENTRE 24 Crawford Avenue Dublin 9
Tel.: 01-8305792
Press/Media statement
Wednesday 7 February 2007
Government Ministers and the EU to be given power to decide to have Irish citizens fined and imprisoned without any need for Oireachtas permission - Power grab by the Government and Ministers
The European Communities Bill 2006, which has its second reading in the Dail on tomorrow, Thursday, proposes the most important ever amendment to the European Communities Act 1972. This is the Act which enables Ministerial regulation to incorporate European laws into the domestic law of the State.
Section 3 of the 1972 Act states that "regulations under this section shall not create an indictable offence." Section 2 of the Bill before the Dail tomorrow proposes to delete this section and thereby give the Government and Ministers sweeping power to decide henceforth what shall be criminal offences for Irish citizens under EU law, and what penalties shall attach to committing them, up to ¤500,000 fines and 3 years imprisonment.
For the first time ever this Bill would give Ministers the power to agree to an EU-wide criminal code, if that should be considered necessary to enforce EC law in every area of supranational policy. It would give Ministers the power to decide themselves, without reference to the Oireachtas, what penalties should attach to breaches of such a code.
To be blunt about it, this Bill proposes to give Ministers powers comparable to those which governments have under dictatorships, where there is no need to consult, not to mind get the permission of, elected Parliaments in deciding what are crimes and penalties.
No one knows that the EU Council of Ministers may decide by majoirity vote to regard as a crime in future. The Bill as it stands goes well beyond what is needed to comply with EU/EC legislation. It represents a significant shift of power from the legislative arm of the State, the Oireachtas, which is elected by the people, to its executive arm, the Government and Ministers, and of course from the Oireachats to the EU/EC.
In addition, Sections 3 and 4 of the Bill would give wide powers to Ministers to alter the primary legislation of the Oireachtas, and to do this retrospectively, as long as Ministers can claim that this is necessary to enforce EC laws.
Even if one accepts that the EU Council of Ministers may decide by majority vote what constitutes an EC crime and that a penalty should attach to it, it should be for the Oireachtas and other national Parliaments to decide what that penalty should be - unlike what is provided for in this Bill.
People concerned about democracy and civil liberties will surely agree that it is desirable also that Ministers should be required to notify the Oireachtas in advance of any proposal to attach a penalty to a breach of European law in each particular policy area where EU crimes and sanctions might arise. Instead Section 2 of this Bill proposes to give blanket permission to Ministers to decide what constitutes offences and penalties for Irish citizens over the vast area of EC public policy for the indefinite future.
This Bill marks a watershed in Ireland's relations with the EU. It gives carte blanche to Ministers to elaborate an EU criminal code potentially covering vast areas of EU policy, and to decide when Irish people may be locked up and fined, without the Dail or Seanad having to give their assent.
(Signed)
Anthony Coughlan
Secretary
Ireland to 'keep critical eye' on any constitution changes
22.01.2007 - 17:23 CET | By Helena Spongenberg
EUOBSERVER / BERLIN - Ireland is keeping a watchful eye on any possible changes to the European Constitution calling on member states to maintain the "balance of the entire package", the country's minister for European affairs said in an interview with EUobserver.
"We are very concerned that the balance will be maintained within the whole package," Noel Treacy said, adding that his colleagues in charge of justice and foreign affairs are following the negotiations closely.
"We are keeping a critical eye on it and we will be very watchful of any changes that are proposed," he said at a communications conference in Berlin on Thursday (18 January).
"We are pleased with the constitution. We negotiated the constitution. We didn't agree with all of the things that are in it, nor did we get everything that we wanted, but at the end of the day it is a very conclusive democratic document. And on that basis we believe it should be accepted," he explained.
Although Ireland has not ratified the constitution, Mr Treacy will be present at a meeting organised by Luxembourg and Spain in Madrid on Friday (26 January) for the 18 member states that have already ratified the EU Treaty.
"We are friends of the constitution," explained Mr Treacy, pointing out that it was under the Irish EU presidency during the first half of 2004 that the constitution conclusions were negotiated.
"We hope that our presence at those meetings will bring balance and assistance and experience to the deliberations and ultimately we can find a consensus to how we go forward together," Mr Treacy said, referring to a second meeting on the constitution set to take place in Luxembourg next month involving all 27 member states.
Of the remaining countries, France and the Netherlands rejected the treaty in 2005 leading to the Czech Republic, Denmark, Ireland, Poland, Portugal, Sweden and the UK to put the ratification process on hold.
Irish referendum
Meanwhile, Mr Treacy indicated that Ireland will have a referendum whatever the outcome of the negotiations on the document.
"We are obliged to hold a referendum in our country and we cannot agree to any changes in any treaty situation unless it goes to a referendum for our people," he said.
His words come as some politicians - such as France's centre-right contender in the elections Nicolas Sarkozy - are suggesting that a small pared-down treaty would only have to be ratified by national parliament rather than by referendum.
Ireland voted no to the Nice Treaty in June 2001 largely out of a fear that it would affect the country's neutrality. A year later, however, it voted yes.
But Mr Treacy is not worried that there will be another no to a European treaty from the island.
"Ireland like Europe is very optimistic, we believe that our country has benefited immeasurably from membership of the European Union," he said with a reference to the booming Irish economy.
"On that basis, we are confident that given the right time and the right information the people of Ireland will ratify the constitution in due course."