Billy Timmins (Wicklow, Fine Gael)
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Question 138: To ask the Minister for Foreign Affairs the legal advice from the Attorney General with respect to the requirement to hold a referendum on the reform treaty, in view of the fact that it is not a new treaty, but rather a series of amendments to existing treaties; and if he will make a statement on the matter. [34641/07]

Dermot Ahern (Louth, Fianna Fail)
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At my request, the Attorney General has considered whether the legal effects of the Reform Treaty require amendment of the Constitution to enable ratification. The Attorney General has advised that such an amendment is required. Any amendment to the Constitution must be authorised by referendum. It is intended that legislation amending Article 29 of the Constitution will be brought before the House next year.

The fact that the Reform Treaty will be a series of amendments to existing treaties, rather than a consolidated text, was not of itself a deciding factor in determining whether a referendum would be required. I would recall to the House that previous amending treaties, including the Treaty of Nice and the AmsterdamTreaty, have been ratified by referendum.