New Seanad EU committee established
Having been hampered by a number of fines and court cases, the Government will be hoping that the newly established Select Committee on Scrutiny of EU-related Statutory Instruments will help streamline the implementation of EU regulation and legislation into Irish law.
The Seanad Éireann Select Committee on Scrutiny of EU-related Statutory Instruments held its first meeting on 19 April 2023.
Last July, the Cabinet backed the creation of a select committee, based in the Seanad, to examine the statutory instruments which transfer, or transpose, EU directives into Irish law. EU Directives may be transposed into Irish law by secondary legislation under section 3 of the European Communities Act 1972.
At the meeting, Seanadóir Martin Conway was elected as Chair of the Committee. It is understood that Seanadóir Conway is the first Oireachtas member with a declared disability to chair an Oireachtas Committee. Seanadóir Mark Daly was elected as Vice-Chair of the Committee at the meeting.
Speaking after his election, Seanadóir Conway said: “I am grateful to the members of the Committee for electing me as Chairperson. It is an incredible honour, and I am delighted that the Committee is now established. I also pay particular tribute to the Leas-Chathaoirleach, Seanadóir Mark Daly, for his work as in bringing this Committee to fruition while Cathaoirleach of Seanad Éireann.
“For many years, it has been recommended that the Seanad perform a more detailed role in scrutinising EU legislation, and I very much look forward to working with the Vice-Chairperson and members of the Committee in carrying out its role.”
“The late implementation of EU laws is costing millions of euro to the taxpayer through fines and penalties.”
Leas-Chathaoirleach, Seanadóir Mark Daly
The price of inertia
When Ireland fails to carry implement a regulation or piece of legislation by a deadline set by European institutions, the EU has the power to issue fines to the Government. For instance, in 2020 the State was ordered to pay a €2 million lump sum for failing to properly implement an EU directive, in time or in full, aimed at combatting the use of financial systems for money laundering or terrorist financing.
More recently, in January 2023, the State was referred to an EU court over allegations of failure to properly meet or enforce the terms of the Water Framework Directive, which legally obliges EU member states to ensure all inland and coastal waters reach a minimum of “good” status by 2027.
On this challenge, committee Leas-Chathaoirleach, Seanadóir Mark Daly said: “The late implementation of EU laws is costing millions of euro to the taxpayer through fines and penalties. Our role as a committee and as members of the Seanad is to ensure that those fines and penalties are not imposed, that the EU laws are in place on time and also that they are properly scrutinised.”
The Orders of Reference of the Committee were agreed on 7 December 2022. It is envisaged that the Committee will engage with the Minister of State for European Affairs on upcoming statutory instruments that transpose EU Directives. Where it believes further scrutiny is required, the Committee may refer the draft statutory instrument to the relevant sectoral Joint Committee and recommend more detailed scrutiny.
The Committee is seen as a major development on Seanad reform and is a victory for those who support more powers of scrutiny for the upper house. It will grant Seanad Éireann a specific role in considering draft statutory instruments which propose to transpose an EU directive into Irish law.
