Micheál Martin (Cork South Central, Fianna Fail)
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Question 85: To ask the Tánaiste and Minister for Foreign Affairs and Trade his approach to discussions at European Council level regarding any treaties-related changes, such as opt-outs from existing treaty commitments by some countries, to be agreed during the next year. [15384/11]

Eamon Gilmore (Dún Laoghaire, Labour)
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In June 2009 the Heads of State or Government of the 27 Member States of the EU, meeting within the European Council, adopted a Decision on the concerns of the Irish people on the Treaty of Lisbon concerning the right to life, family and education; taxation; and security and defence. It was also declared that at the time of the conclusion of the next accession Treaty the provisions of the Decision would be set out in a Protocol which would be attached to the Treaty on the European Union and the Treaty on the Functioning of the European Union. On 30 June, the accession negotiations with Croatia were formally concluded and it is expected that the Accession Treaty will be ready for signature at the December European Council. National ratifications would then follow, with the working assumption of accession taking effect on 1 July 2013.

The procedures to effect the necessary Treaty change to take account of the Irish protocol are set out in Article 48 of the Treaty on the European Union. It is currently envisaged that the Government will submit to the General Affairs Council in October a proposal to amend the Treaties by annexing the proposed protocol to the Treaties. This proposal will in turn be submitted by the Council to the European Council and national Parliaments shall be notified. The European Council, after consulting the European Parliament and the Commission, must then adopt a decision in favour of examining the proposed amendment.

The amendment may then be examined by a Convention involving representatives of the national parliaments, of the Heads of State or Government of the Member States, of the European Parliament and of the Commission and, following a recommendation by the Convention, agreed by an Inter-Governmental Conference comprised of representatives of the Governments of the Member States. Alternatively, it may be possible to have the amendment agreed by an Inter-Governmental Conference directly, without convening a convention. The amendment would then enter into force after being ratified by all Member States in accordance with their respective constitutional requirements.

At the European Council in October 2009, the Heads of State or Government also agreed that, at the time of the conclusion of the next Accession Treaty and in accordance with their respective constitutional requirements, they would attach a Protocol to the Treaty on the European Union and the Treaty on the Functioning of the European Union on the application of the Charter of Fundamental Rights of the European Union to the Czech Republic. It is now, therefore, a matter for the Czech authorities to submit to the Council a proposal for the amendment of the Treaties in accordance with Article 48 of the Treaty of the European Union in order to achieve this.