Think tank europe

Reviewing the Role of the Oireachtas in European Affairs
01/07/2010
Author : Institute of International and European Affairs (IIEA - Ireland)
by Gavin Barrett - IIEA publication
 
We live in times when it has become regrettably clear just how high the cost of not having appropriately rigorous and effective systems of oversight accountability at all levels of Irish society, in both the public and the private sector, can be. If it was not obvious before, it seems clearly evident by now that no decision-making entity of any consequence in twenty-first century Ireland should operate without some system for enforcing day-to-day accountability. This requirement applies as much in relation to the executive branch of government as in relation to any other institution or entity. The design of a system of parliamentary oversight and scrutiny in relation to European affairs is a vital part of the system of good government which is needed in any member state of the European Union.

The need to implement the Lisbon Treaty reforms concerning national parliaments constitutes an opportunity in this regard. It is an opportunity which needs to be availed of with some alacrity, as it is one unlikely to present itself again soon. Just as was the case in relation to the reforms pertaining to the role of the Oireachtas which were introduced between the first (unsuccessful) and second (successful) Nice Treaty referendum, changes introduced now to the system of oversight and scrutiny are likely to remain with us for several years to come.

The current situation regarding Oireachtas scrutiny is essentially a holding position: on the basis of a recommendation of the Oireachtas Committees on European Affairs and European Scrutiny made in December 2009, interim arrangements and procedures have been put in place which enable the two Houses of the Oireachtas to deploy their new powers under the Lisbon Treaty pending the completion of what is intended to be a comprehensive consultation by the Joint Committees on the future role of the Houses of the Oireachtas in European Union Affairs. Resolutions adopted in the Dáil and the Seanad on 10 December 2009 stipulated that the Joint Committee on European Affairs and the Joint Committee on European Scrutiny were to review the operation of these interim arrangements and jointly report thereon (and on such related matters as the Committees think fit) to Dáil Éireann within six months. If a minimalist approach to change is adopted, the consequences will be limited. The Resolutions stipulate only that "the Committee on Procedure and Privileges shall recommend to the Dáil such amendments to the Standing Orders of Dáil Éireann and the Orders of Reference of Committees as may be required.” In fact, as this paper hopes to outline, far greater changes to Oireachtas oversight powers seem appropriate than mere amendments to Standing Orders. Whether the political will exists to effect these greater changes remains to be seen.

Ireland is not alone in examining at present the relationship of parliament and executive in the light of the coming into force of the Lisbon Treaty. Similar issues have occupied legislatures in most other member states. However, Ireland's failure in the past to address adequately matters of democratic accountability - a failure which has led to its being (accurately) characterised as a 'slow adaptor' to European integration - means that this country has more ground to make up than other member states do in the field of parliamentary oversight of European policy-making and implementation.

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Saturday, 11 February 2012
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