Dermot Ahern (Louth, Fianna Fail)

I propose to take Questions Nos. 95 and 169 together.

To enter into force, the European constitution must be ratified by all member states of the European Union in accordance with their own constitutional requirements. The constitution sets a target date of 1 November 2006 for the completion of this process. Two member states, Lithuania and Hungary, have already completed their ratification procedures and the Slovenian Parliament approved the constitution yesterday.

Referenda are either certain or highly likely in ten member states, including Ireland. Spain will be the first member state to hold a referendum and will do so on 20 February. While definitive dates for the other referenda have not yet been set, it appears they will take place at different times between the late spring or early summer of this year and the summer of next year. No decision has yet been taken on the timing of a referendum in Ireland, although it will be held in good time to allow for the completion of the ratification process by the target date. The necessary legal preparatory work is under way.

Should one or more member states fail to ratify the European constitution, it cannot legally enter into force. The Union would clearly enter into a period of major political difficulty and uncertainty but there is no point in speculating about how the situation would then unfold. A declaration by the Intergovernmental Conference, which negotiated the constitution, simply provides that if, two years after signature, four fifths of the member states have ratified and one or more have encountered difficulties, the matter will be referred to the European Council.

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