Ireland South Independent MEP Micheal McNamara has urged the outgoing government’s leaders to seek legal advice on the possibility of the European Commission giving the EU-Mercosur free trade agreement the green light without national parliament approval.

McNamara suggested that Brussels could get the deal across the line by “splitting” it into two sections.

Matters related exclusively to trade, which is an EU competence and does not require national parliament approval, could form one part of the deal, while all other aspects could be sectioned separately.

This approach to ratifying the deal had been raised as a concern by groups such as Greenpeace over the past two years.

McNamara has written to Simon Harris and Micheál Martin looking for both party leaders to set out whether advice has been sought on the legality of the move, as well as whether they will pledge to pursue legal action if the approach is taken by the Commission.

“Crucially, this [splitting of the deal] would deprive the next Dáil of the power to determine whether the deal would come into effect in Ireland,” the MEP told Harris and Martin.

Concerns

“Apart from the agricultural, environmental and health concerns, any attempt by the Commission to circumvent democratically elected national parliaments would undermine confidence in the European Union and its democratic legitimacy in which confidence is already scant.

“A recent audit by the European Commission, published in October, reinforced concerns about health risks raised by the agreement's detractors.”

He said that Ireland and France have emerged as the two member states most vocal in their opposition to a trade agreement with Mercosur, but warned that the two might not have sufficient voting power to block a deal.

“We need clarity now from the outgoing Taoiseach and Tánaiste on whether the Dáil will be deprived of an opportunity to object,” McNamara told the Irish Farmers Journal.

He commented that the outgoing Commission could approve the deal this way even before the new college of commissioners is elected.

“There is a feeling in Brussels that a deal is done. The question is whether it will be as a normal deal would or if it will be split.”