Billy Timmins (Wicklow, Fine Gael)
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Question 96: To ask the Minister for Foreign Affairs when the referendum commission for the Lisbon reform treaty will be established; and if he will make a statement on the matter. [3787/08]

Dermot Ahern (Louth, Fianna Fail)
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Following its signature in Lisbon on 13 December 2007, member states are expected to ratify the reform treaty by 1 January 2009.

The Attorney General has advised that the legal effects of the reform treaty require amendment of the Constitution to enable ratification by Ireland. Under the Referendum Act, in the case of a constitutional referendum, the referendum commission can be established no later than the date on which the Referendum Bill is initiated in Dáil Éireann. It is the Government's intention to resource properly the commission and to give it sufficient time to carry out its tasks. Preparatory work is already under way to ensure the commission is in a position to undertake its work.

In this respect, the Government Supplies Agency recently published a notice inviting tenders for the supply of bilingual booklets by the referendum commission to inform the electorate about the reform treaty. While the work of the commission is entirely a matter for the commission, it is expected that between 2.4 million and 2.5 million booklets will be published.

The timing of the referendum is currently under consideration by the Government and the drafting work on the referendum Bill is at an advanced stage.

Billy Timmins (Wicklow, Fine Gael)
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Did the Minister say the referendum commission should be established no later than the date on which the Bill is published?

Dermot Ahern (Louth, Fianna Fail)
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No earlier.

Billy Timmins (Wicklow, Fine Gael)
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That makes a huge difference.

Dermot Ahern (Louth, Fianna Fail)
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Did I say "later"?

Billy Timmins (Wicklow, Fine Gael)
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There must be some sort of hearing chasm between us here. Will the Minister agree that the failure of the Government to name a date for this referendum is creating a vacuum which is of no great assistance to those who support a yes campaign? The vacuum is allowing much misinformation and inaccurate commentary on the treaty. Can the Minister give any indication as to the date? Will it be pre-summer or in the autumn? Can the Minister give any indication of the composition of the referendum commission? How is it established and for how long will it be established? What are its terms of reference? A previous commission put one argument on the left hand side and other argument on the right hand side and the argument was spurious. Will he agree it is not the role of the referendum commission to indicate two sides to the one story? Its role should be to get the information out to the public.

Dermot Ahern (Louth, Fianna Fail)
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I do not agree with the Deputy that the Government has been in some way lethargic. The reform treaty was only signed on 13 December. We have to prepare legislation which is currently with the Attorney General's office. The referendum commission will not be able to be up and running any earlier than the day the Bill is published. The normal course is that after the Bill is published the referendum commission would be set up in good time for whenever the date for the referendum is chosen. The Deputy is aware of this. We are liaising with the Deputy's party and other like minded parties in the Oireachtas on a possible date and also whether it is linked with any other referendum. From that point of view, a website is already up and running and is widely used by the general public. We have already issued a small explanatory leaflet which is widely available. In the next couple of weeks we will publish a 20 page user's guide on the reform treaty. We will publish a White Paper and, obviously, the Bill. There will be a debate in the House and I hope the Deputy's party is as well prepared as our party. I understand the Deputy's party has already set up a structure within his party to prosecute a good campaign on behalf of the major political parties who are in favour of the treaty. In regard to the terms of reference, it will be for the commission to promulgate information on the treaty. Heretofore, in the earlier EU referenda, it had to promulgate a yes and a no. The referendum commission will be properly resourced. In the Estimates campaign last year I readily received €5.8 million from the Minister for Finance which will be available to the commission once the Bill is published and the Government makes a decision on the date of the referendum. The commission will have the required time. Usually it requires about three months to promote a referendum campaign.

Billy Timmins (Wicklow, Fine Gael)
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Is it a matter solely for the Government to decide the composition of the referendum commission? Does the Minister feel hamstrung, or that his hands are tied behind his back, by the McKenna judgment in that as a Government it cannot go out and promote its view on the issue?

Dermot Ahern (Louth, Fianna Fail)
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The composition of the commission is a matter for the Minister for the Environment, Heritage and Local Government. There are a number of members who, by legislation, have to be on the commission. It will be the job of the Minister for the Environment, Heritage and Local Government to propose a chairperson who would normally be a High Court judge. We have already received very strong advice from the Attorney General that in his opinion the issue of the McKenna judgment does not kick in until the day the Bill is passed by the Oireachtas and signed into law by the President. I understand a number of organisations are taking a much more conservative and restrictive view in regard to that issue.The strong advice given to Government in regard to the McKenna judgment is that it does not kick in until the day the Bill is passed.

Billy Timmins (Wicklow, Fine Gael)
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Can the Minister——

Brendan Howlin (Wexford, Labour)
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Sorry, the time has expired.

Billy Timmins (Wicklow, Fine Gael)
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Can the Minister circulate that information from the Attorney General?

Dermot Ahern (Louth, Fianna Fail)
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No. The issue of the Attorney General's advice to the Government is always confidential.