Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 739: To ask the Minister for Foreign Affairs if a decision was taken by the Council of Ministers at any stage since 2002 to reduce the number of Commissioners; if so, when the meeting was held; the decision of same; the person who represented the Irish Government; the position they took in both the discussion and the final vote. [1346/09]

Micheál Martin (Cork South Central, Fianna Fail)
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No decision has been taken by the EU Council of Ministers since 2002 to reduce the number of members of the European Commission. The Treaty of Nice, which entered into force on 1 February 2003 following ratification by all Member States, provides that when the European Union consists of 27 Member States:

The number of Members of the Commission shall be less than the number of Member States. The Members of the Commission shall be chosen according to a rotation system based on the principle of equality, the implementing arrangements for which shall be adopted by the Council, acting unanimously. The number of Members of the Commission shall be set by the Council, acting unanimously.

On 1 January 2007, membership of the European Union reached 27 Member States with the accession of Romania and Bulgaria. The Treaty of Lisbon, which was signed by the Heads of State and Government of the Member States on 13 December 2007, provides that: as from 1 November 2014, the Commission shall consist of a number of members, including its President and the High Representative of the Union for Foreign Affairs and Security Policy, corresponding to two thirds of the number of Member States, unless the European Council, acting unanimously, decides to alter this number.

Following the referendum on the Treaty of Lisbon in June of last year, the Government commissioned in-depth research into the reasons underlying the people's vote. This revealed a number of issues of key concern, including the composition of the Commission. The Government entered into intensive discussions with EU partner Member States aimed at identifying how these concerns could be addressed. At its meeting of 11/12 December 2008, the European Council agreed that all the concerns identified shall be addressed to the mutual satisfaction of Ireland and the other Member States.

On the Commission, in particular, it agreed that: provided the Treaty of Lisbon enters into force, a decision will be taken, in accordance with the necessary legal procedures, to the effect that the Commission shall continue to include one national of each Member State. The European Council reached this agreement in a spirit of solidarity and compromise, despite the well-established position of a number of Member States favouring a smaller Commission. It represents a significant negotiating achievement by the Government.

As a result of this agreement, it is possible to secure the right of each Member State to continue to nominate a Commissioner only if the Treaty of Lisbon enters into force. If the Lisbon Treaty does not enter into force, the current Treaties require that the size of the Commission will be reduced from November of this year, when a new Commission, the first to be appointed since membership of the European Union reached 27 Member States, is due to take office.