LIBERTAS CHAIRMAN Declan Ganley was sharply criticised by members of an Oireachtas subcommittee yesterday for suggesting in the course of the Lisbon referendum campaign that the treaty could lead to the detention of children over three years of age.
The issue was brought up by Labour TD Joe Costello, who pointed out that Mr Ganley had specifically stated children could be forcibly detained under the terms of the treaty.
Solicitor Caroline Simons, who was part of the Libertas delegation, said that, under the Lisbon Treaty, the European Convention for the Protection of Human Rights and Fundamental Freedoms would be brought into Irish law and would have primacy over the national constitutions of the member states.
Fianna Fáil TD Thomas Byrne said: "Ms Simons doesn't have a clue." He added that she was "the weakest link" at the session of the Subcommittee on Ireland's Future in the European Union, which is associated with the Joint Committee on European Affairs.
Mr Ganley responded that Mr Byrne's comment was "condescending, and indicative of your condescension".
Mr Byrne replied: "I withdraw it." Mr Byrne said article five of the Charter of Fundamental Rights was "very, very clear" on the issue of liberty and security of the person.
Ms Simons said the charter would have primacy over the Constitution. It incorporated the European Convention for the Protection of Human Rights and Fundamental Freedoms which provided for the detention of a minor by lawful order for the purpose of educational supervision.
Fine Gael TD Lucinda Creighton said there was no question of a "Chitty-Chitty Bang-Bang" situation, whereby children would be snatched away.
Mr Ganley made the comment on TV3's Nightly News with Vincent Browneon May 29th last.
Mr Byrne referred to an article on the European Union, written by Mr Ganley some years ago and published in the journal of the US Foreign Policy Research Institute, and asked: "Why not go to the Irish Independentor The Irish Timesto promote your views?"
Mr Ganley replied: "I tried to, but they did not want to print it. I used to send many letters to The Irish Timeswhich never made it, understandably. Maybe space was an issue."
Mr Byrne: "So Mr Ganley went to the Foreign Policy Research Institute."
Mr Ganley: "I submitted that paper to several think tanks. The Foreign Policy Research Institute was the one that published it at the time and I was glad of that."
Mr Ganley said: "Do not, please, I beg you, make the mistake of recommending a re-run of this treaty, because it will be lost."
This would "probably provoke the collapse of the Government", he added.
