Madam, - Hermann Kelly (May 22nd) writes that "two-thirds or more of the legal enactments we are bound by each year come from Brussels instead of originating in Dáil Éireann".
But the question surely is not the number of such laws but their relevance and effectiveness. Many of the items included in Anthony Coughlan's calculation (May 10th) are technical applications of general legislation on environmental standards, competition rules, etc. All of these have resulted from the operation of the EU decision-making system which Messrs Coughlan and Kelly clearly do not understand.
Stressing the arithmetic of the Irish presence in the EU institutions is to misrepresent the careful balance which Monnet built into the Rome Treaty. The system is an interaction of actors representing the member-states and interests in a particular case, including the national governments and parliaments and the relevant representative organisations which are engaged at the various stages from the initial concept to the final decision.
The legislative stage, within the Council, is not a matter of crude voting but a negotiation designed to find a solution that best satisfies all national interests. The treaties provide that the Council must respect the overall values, objectives and needs of the Union as a whole and thus must not harm the essential interests of a member-state. The role of the Commission and the Council Presidency is to find such a solution in all cases.
Each member-state of the Union enjoys equal status at the European Council and smaller states enjoy disproportionate representation in the other EU institutions. They must, of course, recognise the reality of the influence of their bigger neighbours. This calls for a degree of skill and application which in Ireland's case has been rewarded by the success of each council presidency since 1975 and by the achievements of Irish men and women in the institutions, as in the case of the present secretary general of the Commission.
The Act of Union is irrelevant. After 1801 there was no separate Irish political entity, merely a region without parliamentary institutions but with MPs at Westminster. The EU, in contrast, is made up of individual, sovereign states - with their own constitutions, governments and parliaments - which have delegated certain powers, within defined limits, to the Union under the terms of treaties ratified by referendum in Ireland.
The Sellafield case is interesting but not conclusive. The opinion of the advocate general in the European Court of Justice rests upon a reading of the treaties which implies that member-states should settle any differences within the EU framework. The interaction of EU law and the UN Law of the Sea code continues to be contested by Ireland. A ruling against this country would place an obligation on the EU institutions to pursue a satisfactory solution.
As for Proinsias De Rossa and the scale of inward movement of labour after enlargement, I have no doubt that he can speak for himself. However, the forecasts made five years ago have been affected by two factors. It could not have been predicted that so many EU member-states would close their borders to workers from the new arrivals. And the extraordinary level of demand for labour in this country has exceeded any expectation. In any case, the arrival of these citizens of our new EU partners has been positive economically and a challenge to our capacity to adapt to change.
And then we come to battlegroups. Irish participation in these limited contingents will have no implications for Ireland's military neutrality as they can be deployed only by a unanimous decision of the Council and within the terms of the Petersberg Tasks. These limit operations to crisis management tasks, such as peacekeeping and peacemaking as defined in the UN Charter, and humanitarian assistance. Ireland is negotiating to take part in a group headed by Sweden and Finland, which are also outside military alliances.
Having read both Anthony Coughlan and Hermann Kelly I am still far from clear about the message they are seeking to communicate. Are we being asked to reject EU membership and, if so, what is the alternative they propose?
Sovereignty can be an emotive concept, especially when linked to anniversaries and ancient wrongs, but it is meaningful only insofar as it provided a basis for relevant and effective responses to the needs of Irish citizens and of the citizens of our European neighbours. Many of those needs - in relation to the economy, social concerns, security, energy, the environment and responsibility to the wider world - will be met only by common endeavours agreed within the institutions of the European Union.
- Yours, etc,
TONY BROWN, Raheny, Dublin 5.