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Senator Mark Daly:     I, too, call for a debate on the recommendation of the Fiscal Advisory Council. The council produced only one previous report to the Government. Prior to the budget it suggested cuts of €4.8 billion, which the Government rejected out of hand. The council is now saying there should not be a referendum on the forthcoming intergovernmental treaty. The Minister for Transport, Tourism and Sport, Deputy Leo Varadkar, has embraced this advice, which suits the Government’s agenda.

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.

An Leas-Chathaoirleach:     Have you a question for the Leader, Senator?

Senator Mark Daly:     The question is, can we have a debate on the forthcoming EU treaty? As has been pointed out, Ireland does not have a position. We are going into the negotiation with our hands hanging. We have no position paper and we have not debated the treaty here or in the Dáil. We will be presented with a fait accompli. There is a democratic deficit in this House and in the Dáil. We will be shown a treaty when it is completed and told there is no need for a referendum. Then we will see what the Supreme Court says.

 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.

The Fiscal Advisory Council is doing its job in relation to finance, but it has no regard for democracy.

Senator Paul Coghlan:     Constitutional change is required.

Senator Mark Daly:     I know Senator Coghlan has been in consultation with the Attorney General and I thank him for his input.