Dick Roche (Wicklow, Fianna Fail)

Article 1.56 of the reform treaty inserts a new Article 48 into the Treaty on European Union. This article has been the subject of some of the most extraordinary distortions during the public debate on the reform treaty. Any suggestion that the treaty prevents any future referendum on EU issues is a complete misrepresentation. In fact, a Danish MEP who visited the Forum on Europe and who was the originator of this particular myth admitted that it probably did not apply to Ireland.

The treaty provides for both ordinary and simplified revision procedures. Under the ordinary revision procedure, the treaty requires that the constitutional requirements of the member state be completed before entry into force of any amendment to the treaties. This ordinary procedure is essentially the procedure currently provided for amending the existing treaties. In Ireland, this means, and will continue to mean, that advice will be sought from the Attorney General on each occasion as to the procedures required. As has always been the case, this could mean ratification by referendum, legislation or a Government decision. There is absolutely no question that a referendum could be ruled out by the Lisbon reform treaty or avoided by the Government. Those who suggest otherwise are guilty of trying to mislead the public. In that context, I was very pleased with the clear and unequivocal statement on this issue made by the chairperson of the Referendum Commission earlier this week.

The treaty also provides for simplified revision procedures. Regarding any European Council decision proposing an amendment to the internal policies of the EU, for example, energy, economic and agriculture policies, the treaty again requires that the constitutional requirements of the member states be completed before any such revision enters into force.

The Referendum Commission, which is an independent body, confirms this position on its website, which states

If the European Council does agree a proposed change, then in order for it to come into effect, it must be ratified by the Member States in accordance with their own constitutional traditions. This may require a referendum in Ireland as happens at present.

Regarding any European Council decision proposing a move from unanimity to qualified majority voting in any policy area or an extension of the ordinary legislative procedure — the so-called passe passerelle provision — the treaty provides that this is open to a veto from any national parliament, including the Dáil or Seanad Éireann. It would require the unanimous agreement of all member state governments, the European Council and the European Parliament.

No new powers may be conferred via the back door. These arrangements are open, transparent and give us every opportunity to protect our interests.

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