Madam, - Dana Rosemary Scallon (November 23rd) obviously believes that the best way to respond to criticism is simply to repeat her scare-mongering. This is to be regretted, but hardly comes as a surprise.
The reality is that Ireland has benefited enormously from our membership of the European Union. It will remain crucial to our prosperity and progress. The European Constitution makes a range of important improvements to aspects of the Union, but does not substantially alter its character or its responsibilities. We have no reason to be afraid of the future, and every reason to remain at the centre of the Union.
It is absolutely not true that the European Constitution has the "legal effect of turning the EU into a federal state in which existing member-states, such as Ireland are reduced to the constitutional status of provinces". The Constitution makes it clear that the Union only has those powers, which the member-states have unanimously agreed to give it "to attain objectives they have in common". It must respect the national identities of member-states "inherent in their fundamental structures, political and constitutional" and their "essential state functions".
Moreover, the voluntary character of the Union is underscored by the fact that, for the first time, the Constitution includes an explicit provision confirming the right of any member-state to withdraw from it.
It simply defies belief that the heads of state or government of 25 member-states would unanimously sign up to a European Constitution, which would bring about the end of their countries' national independence and sovereignty. In our own case, the national independence which we won in 1921, is too deeply cherished and would never be surrendered by any Irish Government, present or future.
A recent French government pamphlet, for example, makes clear its understanding that use of the term "Constitution" is not intended to, and does not, create a European state which subsumes member states in an international legal order and confirms that "the European Constitution does not replace National Constitutions".
It is also completely false to state that "all areas of government subject in principle" to the European Constitution. The powers given to the Union by the member-states are carefully delimited and it is made explicit that "competences not conferred upon the Union in the Constitution, remain with the Member States." New competences can only be given to the Union by the unanimous agreement of all member states, subject to national ratification in each case.
The European Constitution involves no significant shift in competence to the Union. For example, to take an area cited by Ms Scallon, I challenge her to explain how the situation in regard to taxation has changed.
Ms Scallon makes a great deal of the Union's having been given an explicit legal personality. Up to now the European Community has had an explicit legal personality, but the European Union has not - though many legal experts would argue that it implicitly has had legal personality. But giving the Union an explicit single legal personality does not increase its substantive powers. In particular, it will still only be able to enter into international agreements in those areas where it has powers given to it, by the member-states, and it is the member-states in the Council, which will decide upon and approve particular agreements.
I will not repeat what I and several other correspondents have already said on the question of the primacy of Union law, except to note that Bunreacht na hÉireann already contains a provision, inserted by referendum in 1972 and modified following the Maastricht Treaty over a decade ago, specifying that "no provision of this Constitution invalidates laws, enacted, acts done or measures adopted by the State, which are necessitated by the obligations of membership of the European Union or of the Communities ..." The principle of primacy, in order words, has been constitutionally recognised in Ireland, for over 30 years.
Ms Scallon is clearly a person of strong conviction and deeply held views, which she has every right to express. I am, however, disappointed that she insists on peddling arguments that are spurious and utterly without foundation. - Yours, etc.,
NOEL TREACY, TD, Minister for European Affairs, Government Buildings, Dublin 2.