Clare Daly (Dublin North, Socialist Party)
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Question 26: To ask the Tánaiste and Minister for Foreign Affairs and Trade his plans to hold a referendum on the changes to the Lisbon treaty that have been agreed at the European Council; his further plans to pass legislation in Dáil Éireann and the timeframe envisaged for same. [22913/11]

Eamon Gilmore (Dún Laoghaire, Labour)
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The 24-25 March European Council adopted the Decision amending Article 136 of the Treaty on the Functioning of the European Union in connection with the proposed new European Stability Mechanism. This Decision shall enter into force on 1 January 2013 provided that all Member States have notified the completion of the procedures for the approval of the Decision in accordance with their respective constitutional requirements.

Having considered the matter carefully, including the legal advice of the Attorney General, the Government is satisfied that the amendment to the Treaty is compatible with the Constitution. As no amendment of the Constitution arises, a referendum will not be required in order for Ireland to approve the amendment to Article 136 of the Treaty on the Functioning of the European Union. I propose to bring forward a Bill in the coming months to amend the European Communities Act 1972 to reflect the amendment of Article 136 of the Treaty on the Functioning of the European Union to allow for the establishment of the European Stability Mechanism.

It is envisaged that this Bill would also amend the European Communities Act 1972 to take account of the transitional provisions on the composition of the European Parliament until the end of the current parliamentary term (2009-2014). These are contained in a Protocol agreed at an Intergovernmental Conference on 9 June 2010, in order to allow for the inclusion in the current European Parliament the additional seats which are provided under the Lisbon Treaty, since the last European Parliament elections took place before the Lisbon Treaty entered into force.