Brian Cowen (Laois-Offaly, Fianna Fail)

Informal contact and discussion with the Spanish Government in the normal way would be the best way of influencing this situation, rather than trying to raise this to a European level. There is a strong view in Spanish society that this issue is a jurisdictional one to be dealt with solely by the Spanish Government. Political developments in regional autonomy arrangements in Spain only occurred since the return of democracy there. This is a sensitive issue that must be respected as an internal matter. Accordingly, one would be mindful of this in any conversations one would have on the issue and would simply confirm the availability of the resource we built up in this area should those parties in question deem it appropriate or relevant.

Legal advice has been obtained from the Attorney General on the proposed treaty amendment. During statements on the Council meeting, I will set out the position on the proposed amendment. It is a straightforward amendment with a simple text. Having considered the matter carefully, including taking the legal advice of the Attorney General, the Government is confident the amendment will be compatible with the Constitution. As no amendment to the Constitution would arise, a referendum will not be required for Ireland to ratify this treaty amendment. The ultimate interpreter of the Constitution is the Supreme Court.

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