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JOINT COMMITTEE ON EUROPEAN AFFAIRS díospóireacht -
Friday, 24 Jan 2003

Vol. 1 No. 8

Business of Joint Committee.

I welcome members of the joint committee to this meeting. Those of us who were in Brussels from Monday until Wednesday attending a seminar on the workings of the EU machinery were suitably impressed by the programme organised by committee staff, the European Parliament and the European Commission. The permanent representatives and their briefs with whom we spent a large amount of time also attended. It was a useful experience. I thank my colleagues who worked long days, from early morning until late at night. That few questions remained outstanding at the end of the seminar demonstrates the level of participation by all involved. It is fair to say even those of us who have been involved in European affairs for some time learned a great deal. It might be good if those who could not attend this week's briefing were able to go at a future date - perhaps we should be involved in such seminars at least once a year. It was very worthwhile. I express my appreciation to all those who participated.

The minutes of the last meeting have been circulated. As a member of the joint committee will not be able to attend before about 11 a.m., I propose that we deal with other business before Mr. Bobby McDonagh of the Department of Foreign Affairs and Mr. John Cushnahan, MEP of the external actions working group are invited to speak. A letter has been received by the Ceann Comhairle from Mr. Pat Cox, President of the European Parliament, seeking submissions in connection with the establishment of a working group on the Euromed forum which is being set up to consider the creation of a Euro-Mediterranean parliamentary assembly. Submissions are sought on the future representation of national parliaments in any such assembly. The deadline for the receipt of submissions was 16 January, the day on which the correspondence was received by the secretariat. I propose to note the request. If our policy advisers make suggestions on input, we may write in response to the request, even though the deadline has elapsed.

There will be a COSAC meeting in Brussels on Monday followed by a meeting for chairmen on Tuesday. As no joint committee members have put forward their names, I do not know if anyone wishes to attend the Monday session. They should, please, inform the secretariat if they wish to do so.

The Department of Agriculture and Food has submitted for urgent consideration a draft proposal, which has been circulated, on the modalities in the WTO agriculture negotiations. The document sets out the proposed position of the European Commission on modalities which the European Union should submit to the WTO in the context of the current negotiations on a new round of agreements. Modalities refer to the rules under which the new round will be concluded. In accordance with the Doha ministerial declaration under which negotiations are taking place, the Commission is seeking early agreement on its proposal by the end of January 2003 in order to submit the EU position to the WTO. The intention is to influence the decision making process on modalities. The WTO deadline for agreeing modalities is the end of March 2003. In view of the tight deadline, I propose to formally refer the proposal to the Joint Committee on Agriculture and Food. The matter can also be raised at the next meeting of the sub-committee on EU scrutiny. Is that agreed?

This is a critically important issue. The proposals on the reform of the Common Agricultural Policy which emanated during the week obviously form part of the lead-in to the WTO talks. For this reason, we should issue a strong recommendation to the Joint Committee on Agriculture and Food that it respond quickly and effectively to this document.

Is that agreed? Agreed. I wish to raise two further matters. Members will be aware that Proinsias De Rossa, MEP, has raised the question of the introduction of a Europe week, an issue also raised at the Forum on Europe. During my discussions with the forum yesterday it emerged that a three way organisation of a Europe week is likely, involving this committee, the forum and the Minister. I propose that we ask the secretariat to discuss what we should do for Europe week with the Department and the forum and draw up a draft agenda on which we could agree. Is that agreed? Agreed.

We had a very good meeting with the permanent representative in Brussels earlier in the week. It would be a good idea to invite the permanent representative to attend a committee meeting and provide us with a rundown on the work undertaken by the permanent representative in the previous year and his or her proposals for the following year in order that we can keep abreast of events in Brussels. Is that agreed? Agreed.

I support the Chairman's comments about the quality of the visit to Brussels. An enormous amount of work was put into the preparations for our meetings and everyone will agree that the visit was very worthwhile. The questions of subsidiarity and matters being ultra vires or intra vires the Treaty of Rome arose. We also discussed the question of appointing a legal adviser to the joint committee. I understand from the Chairman’s comments that we have the authority and perhaps the funds to proceed to do so. As the convention gives rise to a number of serious legal issues, it is important that we quickly appoint a legal adviser. The requirements should include that the person or persons appointed be expert in public international law or have access to the highest expertise in public international law. Binding the State in foreign policy has very serious legal implications, notably arising from the judgment in Crotty v. The Taoiseach. It is not inconceivable that we will need an adviser to attend some of our meetings and assist us.

The second issue relates to the convention. It is not practical for members to fly to and from Brussels every time the convention is sitting, even though the proceedings are extremely interesting. I understand it would not be too difficult technically to get the television transmission onto our system in the Oireachtas. I ask that the joint committee mandate the officials to seek as a matter of urgency the live relaying of the proceedings of the convention to our television sets in the Oireachtas in order that we all have the facility to watch the convention and its various debates. There will, for instance, be a very important debate on the institutional aspects of the convention on Monday and Tuesday. I accept, however, that it will not be possible to install the system before next week. If the proceedings can be piped into a room in Brussels, they can be piped into the Oireachtas.

We will inquire into and find out about the implications of pursuing the matter. We already receive other television stations, for example, we get the Brussels briefing on Oireachtas television sets.

Mr. Niall Andrews, MEP

This should not be a problem.

We will make inquiries.

Can we agree that this be done, if possible?

Yes, if it is technically possible. I presume there are also costs involved. We will inquire into and return with a report on the matter but agree to do it, in principle.

With regard to appointing a legal adviser, the original recommendation when establishing the joint committee was that we would have one. I ask committee staff to pursue the matter. One way of doing this would be through our consultancy budget. Unfortunately, however, it is not sufficient to cover the costs of a significant amount of a lawyer's time. I am aware of the Deputy's strong interest in the issue of resources for the committee in the light of our visit to Brussels and the various matters coming down the line. We will raise the issue again because there is a question mark hanging over it. It is, however, already a recommendation.

It is particularly relevant with regard to the sub-committee on EU scrutiny. When going over a document, we must be able to clarify whether proposals fall within the scope of the treaties. As the Chairman will have seen, the permanent representatives, COREPER, have their own legal service. We cannot continue to discuss matters without access to the proper expertise.

We will pursue the issue - it is already a recommendation - and report back to the joint committee. The next meeting of the committee will be held next Friday in Castlebar, County Mayo. I ask members to notify the secretariat if they cannot attend this very important meeting, the first part of which will be with three schools while the second will be an ordinary meeting.

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