Debate on the EU Constitution

Madam, - One can only marvel at Anthony Coughlan's persistence.

Madam, - One can only marvel at Anthony Coughlan's persistence.

It is now more than 30 years since he first predicted that the Irish nation would disappear - politically, economically and culturally - if it joined the then EEC. He repeated this dire warning again in relation to the Single European Act, and the Maastrcht, Amsterdam and Nice treaties.

He was wrong on each of these occasions and he is wrong again in his analysis of the Constitutional Treaty (November 11th). It would stretch your tolerance in terms of space to deal with all of the inaccuracies and exaggeration in his letter of November 11th; but a few comments appear necessary in the interests of meaningful debate.

The fact that the Constitutional Treaty will replace the existing five treaties is presented as a negative development. Far from it. Repeal of the previous treaties allows a considerably simplified and more comprehensible framework for the EU through the consolidation of the details of procedures and policies.

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The Laeken Declaration of 2001 foresaw that such simplification could lead to the adoption of a single constitutional text. The European Convention reached a consensus across the political spectrum that it was timely, as the Union entered a major phase of enlargement, to produce a framework which would meet its future needs.

The Constitutional Treaty does not replace the national constitutions of the member-states. Rather, it applies only in those areas in which European law applies. It does not change the nature of the European Union nor does it alter the relationship between the Union and its member-states.

The primacy of EU law is central to its effective functioning but applies only in those areas where the member-states confer competence on the Union. This is recognized in Article 29 of Bunreacht na hÉireann. Without such a provision member-states could pick and choose which rules to implement and which to ignore.

Anthony Coughlan refers to the "ever-growing areas" of the Union's exclusive competence. There are only five areas of such competence - customs union; competition policy; monetary policy for the Eurozone; common commercial policy and conservation of marine biological resources. These are unchanged by the treaty.

The work of the Convention and the success of the Irish presidency have resulted in a text which provides a clear operational framework for a unique entity which is not a state, which has no government and a tiny budget, but which has significant authority in defined areas of great importance to the people of Ireland and all the EU states. It deserves to be debated on the basis of fact rather than fantasy. - Yours, etc.,

TONY BROWN, Bettyglen, Dublin 5.