FF threatening to force referendum on EU treaty

Fianna Fáil has threatened to invoke Article 21 of the Constitution whereby Oireachtas members can petition the President to hold a referendum — if the Government fails to call a referendum on the newfiscal compact treaty.

The attorney general is due to examine the treaty to see if it should be put to the people when it is finalised by EU leaders next week.

Last week, the Fiscal Advisory Council, set up to advise the Government on financial issues, said the new fiscal rules should be put into legislation rather than the Constitution.

Speaking in the Seanad, Fianna Fáil’s Mark Daly said too much power is being transferred to Europe by the treaty.

He described it as “the biggest and most fundamental change to our system of government since the adoption of the 1937 Constitution”.

The Fiscal Council’s statement, he said, “suited the Government agenda” which was to avoid going to the people.

Mr Daly said: “I remind members of the Seanad of the provision in the Constitution that if 31 members of this House and one-third of the members of the Dáil call for a referendum the President can be petitioned to hold one.

“This could be done, despite what the Government is trying to do, which is to take powers away from the people of the country.

“This power rests with members on the Government side of the House. Whether government senators are for or against the treaty, the people should have their say,” he said.

“It is sensible that such fiscal constraint should not be written into the Constitution but should be dealt with by way of legislation. However, the Fiscal Advisory Council is not addressing the transfer of democratic power to the EU in the forthcoming treaty.

“While it is all well and good to talk about budgetary measures, and sensible that Ireland would retain control of our own budgetary situation in terms of borrowing money, when we get back into the market, transferring democratic powers to Europe and allowing EU oversight, as the Bundestag had oversight of our budget, is another matter.”

The Fiscal Advisory Council highlighted the importance of flexibility in the planned new rules.

“Clearly there’s going to be a requirement that they are in legislation, but the important thing is that the rules themselves that are in legislation are good rules and have the flexibility required,” Mr Daly said.