‘Where does democratic authority lie within the EU?’
Paths Through Fields of Mud
On December last An Taoiseach, Enda Kenny, and Prime Minister, David Cameron, on a bright crisp blue morning, walked together on freshly laid paths through fields of mud.
Storm and heavy rain throughout the previous night transformed the surrounding fields to near sludge. These fields bordered the immaculately preserved graves and monuments that the Prime Ministers spent a full morning visiting.
But, if the steps and pathways of that morning, which I attended, were slippery, the foundations underpinning the visit were rock solid. Both Prime Ministers stood together, at Tyne Cot, at Menin Gate, at Ypres to collectively remember Irish and British men who lost their lives in the First World War.
This would have been unlikely, or even unthinkable, in a past more recent than we sometimes acknowledge now.
As unthinkable as Queen Elizabeth, in her first State visit to the Republic of Ireland, standing in silence in front of a monument commemorating the deaths of the Irish men and women who lost their lives fighting the troops of the empire of her Grandfather.
Change
This extraordinary change is reflected in other Irish experiences.
From a closed economy to one of the most globalised economies in the world.
From incomes below the European average to incomes that, despite our recent severe economic difficulties, exceed it.
The common decisive factor in all of these transformations is our membership of the European Union - allowing us to reset our economy, our relationship with our nearest neighbour and our engagement with Europe.
Three Themes
Crucial to this resetting is continual focus on the nature of democratic and political authority. So I will address the question of where democratic authority lies within the EU through a number of themes.
First - to address this session question by defining where democratic authority resides and suggesting a concept of 'stocks' and 'flows' to best understand this question.
Second - within this framework to articulate our principals on improving democratic legitimacy within the EU.
Finally - to emphasise the overall Irish view of the Union.
Globalisation and Sovereignty
I believe that a crucial modern rationale for the EU, and the integration inherent in it, is also a national argument.
Of how individual European nation states make themselves secure and prosperous in a world defined by interdependence. In a globe where the biggest opportunities and difficulties are too big for any individual state to grasp effectively on their own.
This modern case, based on utility, rests on the foundation of the need to avoid the deaths that the Taoiseach and Prime Minister Cameron marked last December.
Prime Minister Cameron frequently refers to the 'Global Race'. I believe that the European Union, by allowing countries to run together, allows each of us to perform better than if we were running on our own.
Shared Sovereignty
The Union structures this interdependence on the explicit basis of equality. Sovereignty is shared in an attempt to get better outcomes than countries would achieve on their own. This is not the same as lost sovereignty.
For the common opportunities and challenges that we face, our membership of the Union resides in the space between Irish theoretical sovereignty and effective sovereignty.
Sovereignty is shared - shared within institutions and shared across countries.
Due to this shared nature democratic authority resides in different places.
The answer is plural not singular.
Locations of Democratic Authority
It resides within:
National Parliaments who elect an Executive to represent their country at European level and exercise scrutiny and blocking powers through the Treaty of Lisbon.
Within National Governments and Heads of State who represent their country at executive level through European and Ministerial Councils.
Within European Parliament, who through their direct election, exercise powers of co-decision making, scrutiny and budget agreement.
And in the Commission which is endowed with political legitimacy, through its basis in treaty, its method of appointment and relationship with the Council of Ministers.
Stocks and Flows of Democratic Authority
In this analysis we must be absolutely clear on where the democratic authority comes from. It comes from the people, who confer it - directly and indirectly - on these institutions.
How these institutions work together is the other essential element of democratic authority. In how they come together, though agreed decision making processes, to agree policies on behalf of the people of Europe.
If the institutions represent the 'stock' of democratic authority then how decisions are made represents the 'flow' of democratic authority. These processes, whether they be unanimous or requiring qualified majorities, represent the dynamic expression of this authority.
Levels of Political and Democratic Authority
As a politician regularly involved in European referenda, I am fully aware of the complexity of this picture. Not to mention the difficulty of communicating it.
However, we must be realistic in how we evaluate it. I frequently hear the Union evaluated against standards that most national political systems struggle to meet. There are many difficulties due to the need to reach agreement between 28 governments that represent nearly half a billion citizens.
But, just because there are problems, does not mean that a new perfect model is available that will not have the same or even greater challenges.
Europe is more like a family than a business. You have to make a family work, not invent another one.
Principles for Improvement
But that is not the same as saying that no improvements are possible. They are, and should be pursued. So I want to articulate Irish views in relation to such improvements.
First, maintenance of the Community Method is an absolutely necessity for Ireland. A well functioning and independent Commission is essential to the future of the Union. The key elements of this include maintaining the Commission's sole right of initiative, protecting its role in relation to the Council and Parliament and a college that is representative of the Union.
Second, we must make the existing Treaties work. The call for more powers to flow to national parliaments must recognise that existing powers under the Lisbon Treaty, such as reasoned opinions and yellow cards, could be used more.
Third, the freedoms of the Union - manifest in the Single Market - must be protected. Each of these freedoms, play a vital role, in creating the collective deal that is the European Union.
This is why the Commission is so important. Our goods, services and people need a level playing pitch. The Commission is uniquely positioned to achieve this.
Fourth, better linking legislative proposals to the exact Treaty basis or competence and making greater use of evaluation clauses or sunset periods.
Finally, strengthening the link between individual Commissioners and national parliaments through structured appearances in parliament or requests to participate in certain circumstances.
Ireland and the EU
With this framework clear let me conclude by emphasising that Ireland is an integrated and committed member of the EU. And will, with the consent of our people, remain so. With all of its imperfections, difficulties and frustrations it still offers the best platform to our country to represent and advance our national interest.
The European Union is an asset to Europe. Our membership of the Union is a national asset and one we share with other Member States, including our nearest neighbour - Britain.
It was a decisive and positive factor in our past and the Irish Government is certain that by working within the Union it will be the same in our future.
We have no uncertainty on this. Our desire to improve the Union is explicitly based within existing Treaties and our strong commitment to remain in and participate within the Union.
An Irish consequence to a British debate
And as a citizen of a country that debates and votes frequently on our relationship with Europe, I absolutely respect the debate underway here. I also believe:
That the European Union is stronger with the UK in it.
And that much Union policy that has benefitted the people of Ireland, Britain and Europe has done so because of British influence. Recent progress on the REFIT initiative is a good example of this.
British policy towards Europe therefore matters to Ireland. For
these reasons and because of our vital bilateral relationship.
Because of this, the possibility of a referendum on EU membership has strategic consequences for us. There could be an Irish consequence to this British debate.
So Ireland has, when necessary, made different strategic choices to the UK towards the EU and within the EU. Our membership of the Euro is an obvious example of this. Based on our national interest Ireland will continue to do so.
A Durable Vision
This is because of the value of the Union.
A Union created in the aftermath of devastation, but now endowed with a very contemporary and modern rationale.
Like any construct, the Union has both weaknesses and strengths. All created by the desire for inclusivity and agreement. I am acutely aware of all of this given my work as a Minister, participating in many of the processes that cause frustration to some, and as a public representative in a country that frequently debates Europe.
But in the Union, and striving within it to build on what we have, offers the best chance for all of us to create a more prosperous, more secure and, yes, a more Open Europe.