A CLAUSE should be put into the Constitution to deal with the State's membership of the United Nations, according to the review group.
It suggests a wording for the clause, that "Ireland, as a member of the United Nations, confirms its determination to comply with its obligations under the Charter of the United Nations." Such a clause would have symbolic value and would remove any uncertainty about Ireland's UN membership, it said.
However the group says there is no need for a new provision in the Constitution to allow for international treaty making powers.
"It is considered undesirable as a matter of principle that the Government should be permitted to cede the executive power of the State through an international treaty, irrespective of any proposed safeguards," the group says. It also finds there is no change needed to require the Government to lay all international agreements before the Dail, before they come into force.
Any proposal to cede executive authority by treaty or international agreement, such as for a North-South body envisaged by the Framework Document, should be put to the people by referendum, it concludes.
The Group also says there is no need to amend Article 29.4. 3-6 dealing with Ireland's membership of the EU.
There is no need for a Constitutional amendment for the implementation of European directives where statute law is involved, the group says, but the role of the Oireachtas and public information should be re-examined in the transposition of such directives into domestic law.
However, there is a need to amend Article 29.5.3 to require prior Dail approval for technical and administrative agreements where these involve a charge upon public funds.
The dualist approach to international law, where it exists alongside domestic law rather than becoming part of domestic law, should be maintained, the group says.
The arguments against such a marrying of international and domestic law included the argument that many international agreements had little or no impact internally and would be superfluous.
The dualist approach is also seen as a way to give the Government flexibility on the implementation of international law. Any change would bypass the Oireachtas and see domestic law negotiated at an international level.
