:For more details on the Treaty, see Treaty of Lisbon.
:For more details on the Referendum, see Twenty-eighth Amendment of the Constitution of Ireland.
Ireland is the only country in the European Union to run a referendum in order to enable ratification of the Treaty of Lisbon (also known as the Reform Treaty) of the European Union. This will take place on 12 June 2008.
There is debate in Ireland over whether this will be good for the country or not and an excess of information from strongly biased points of view is adding to confusion. This article should contain an impartial combination of sources into a brief summary to help the general public. Please do not add sensational contributions to this page.
Summary of the Treaty of Lisbon
The treaty...
* ...creates a single European Council President
: with a 2½ year term de facto replacing the rotating presidency.
* ...enforces law across borders and diplomacy outside them
: by creating a EU Foreign Affairs post by merging the External Relations Commissioner with the CFSP High Representative, and creating an EU Public Prosecutor and an EU External Action Service
* ...makes the Charter of Fundamental Rights legally binding
: 1) You are human. You cannot be humiliated, executed, experimented on, tortured or enslaved. 2) You are free. You have freedom of privacy, education, marriage, parenthood, thought, conscience, religion, speech, assembly, science, artistry, vocation, enterprise, property, asylum and security. 3) You are equal. You cannot be discriminated against on grounds of sex, race, colour, ethnicity, genetics, language, religion, politics, minority status, property, birth, disability, age, sexual orientation or gender. 4) You are a member of society. You have the right to be informed, bargain, have a family without being fired for it, get treatment and get help in a safe, sustainable environment. 5) You are a citizen of the European Union. You have the right to vote, stand and travel anywhere in the Union and be treated fairly by it. 6) You are safe. You are innocent until proven guilty. You have the right to a free, fair trial. You cannot be tried retrospectively or repeatedly. You cannot be unduly punished. 7) Your government can only limit those rights and freedoms if absolutely necessary or to protect others, but it cannot break the European Convention for the Protection of Human Rights and Fundamental Freedoms.
*
: increasing the EU's competence to sign treaties.
* ...increases transparency and efficiency
: by officially separating the European Council from the EU Council and by holding legislative meetings of the EU Council in public.
* ...reduces the size of the Commission
: to less than one commissioner per country. Nationalities would rotate regardless of country size.
* ...moves powers from the unelected EU Council to the elected European Parliament
: by extending codecision with the Councils to more areas of policy.
* ...makes the Parliaments of the member states more powerful
: by expanding scrutiny-time of legislation and enabling them to jointly compel the Commission to review or withdraw legislation.
* ...makes the people more powerful
: by creating "Citizens' petitions" to be considered by the Commission if signed by 1 million citizens.
* ...enables other countries to join the EU
: by removing the Nice Treaty limit of 27 Member States.
* ...enables countries to leave the EU
: by creating a membership withdrawal clause.
* ...expands double majority voting
: to new areas of policy in the European Council and the EU Council, from 2014 on.
* ...allows for a common defence
: only if the member states unanimously agree.
* ...allows for mutual solidarity
: if a member state is object of a terrorist attack or the victim of a natural or man-made disaster, without violating the neutrality of neutral member states.
* ...combats climate change
: explicitly stated as an objective.
Main Issues Under Discussion
Yes = In favour of signing the Lisbon Treaty
No = Against signing the Lisbon Treaty
Automatic right to a referendum on future changes
Yes:
# The Treaty specifies that Europe can only do what Member States authorise it to do, that their national identities and essential state functions must be respected, and that all Member States must be treated equally. For instance Ireland's policy on war and military neutrality (Irish neutrality) cannot be overturned by the EU.
# For the first time a mechanism is being put in place so that National Parliaments will be able to signal that they are unhappy with a particular proposal from Brussels. There will be a possibility of referring such a case to the European Court of Justice if the Commission is seen to be overstepping the mark.
# Every amendment to the Treaties must be ratified by all member states as at present. In Ireland's case this will mean a referendum as at present.
No:
# The Treaty puts at risk Ireland's automatic right to a referendum on future changes to existing treaties.
Conflict!:
*Every amendment to the Treaties must be ratified by all member states as at present. In Ireland's case this will mean a referendum as at present.
*The Treaty puts at risk Ireland's automatic right to a referendum on future changes to existing treaties.
There appears to be conflict in both positions.
EU power and ability to stop decisions
Yes:
# The Treaty will give the European Union a better and more effective system of making decisions.
# All EU spending, including agricultural spending for the first time, must be approved by MEPs.. This makes EU expenditure more democratic and accountable to directly elected representatives.
# The Treaty specifies what powers the EU has, and that it can only be given powers by the member states.
# National Parliaments are given a greater role in overseeing and scrutinising proposed EU measures.
No:
# The Treaty gives the EU too much power and reduces our ability to stop decisions that are not in Ireland’s interests.
International relations, security, trade and economic policy
Yes:
# Ireland has been given a special arrangement which allows it to participate in EU measures on criminal law and police cooperation on a case-by-case basis.
# It enables the EU to develop energy, tourism, sport, and space policies.
# 95% of European laws, including justice and home affairs issues for the first time, become subject to amendment or veto by MEPs ('co-decision').
No:
# It gives 105 additional powers to the EU on issues such as international relations, security, trade and economic policy. And in more than 60 of these areas we will lose Ireland's right to stop laws not in its national interest.
EU High Representative, common defense, security and foreign policy
Yes:
# The Treaty does not involve changes in areas of sensitivity to Ireland such as defense. Ireland's policy of neutrality is firmly secured, as it has been in all past EU Treaties. Unanimity is preserved for all decisions in this area, thereby maintaining Ireland's veto. This means that all member states must agree to any new proposals in these areas, and the High Representative is only a voice to relay an agreed position reached by unanimity.
No:
# The Treaty creates an EU Foreign Minister and common defense and foreign policies, and allows the EU to act on the international stage in the same way as a state and to speak on our behalf.
Neutrality
Yes:
# Unanimity will be retained for decisions on sensitive issues such as foreign policy etc, as has been the case with all previous EU Treaties.
# It facilitates the continuation of Ireland's respected role in military missions under UNO mandates and respects the application of Ireland's national 'Triple Lock' mechanism regarding such missions.
# Ireland's policy on war and military neutrality cannot be overturned by the EU. Other EU member states have a policy of neutrality, such as Sweden.
No:
# The Treaty erodes neutrality by drawing Ireland into a common defense and obliging us to increase military spending.
Voting strength on the Council of Ministers
Yes:
# The new and old voting systems are not strictly comparable, and analysing them is complex - there are about 67 million voting combinations. The Treaty reduces Ireland's ability to get wanted legislation passed by about 6%, increases Ireland's ability to block legislation by the same amount. Ireland's voting weight increases compared to 12 countries, decreases compared to 14. We will have about 60% of Ireland's former voting weight compared to Germany, 80% compared to the UK, 101% compared to Spain, and 120% compared to Poland.
No:
# The Treaty cuts Ireland's voting strength on the Council of Ministers by more than half.
Right to a Commissioner
Yes:
# It caps the number of Commissioners in the European Commission at two-thirds the number of Member States (i.e. 18), with equal rotation of Commissioners between all countries. Each country will nominate a Commissioner for two out of every three five-year terms. Ireland's will still have an automatic right to a Commissioner at due points in the rotation.
# The reduction in the number of Commissioners creates a more manageable and efficient Commission, thereby reducing the bureaucracy and expenditure involved in its running.
No:
# The Treaty ends our automatic right to a Commissioner.
Conflict!:
*The Commission will be reduced whether Lisbon is ratified or not, because a reduction was agreed in the Nice Treaty.
Workers rights and public services
Yes:
# The Treaty enables the EU to ratify the European Convention on Human Rights and Fundamental Freedoms.
# The Charter of Fundamental Rights is made legally binding and therefore more influential than its current persuasive effect. The Charter safeguards and accentuates a range of current and new rights including human rights, family rights, social rights and rights of the elderly.
No:
# The Treaty seriously undermines workers rights and public services.
Nuclear energy
Yes:
# The Treaty adds the fight against climate change to the EU's objectives.
No:
# The Treaty mandates the EU to promote nuclear energy.
Tackling global poverty and inequality
Yes:
# The Treaty ensures that national governments can continue to grant state aid to promote regional development, and employment, social and environmental objectives.
# For the first time the European Charter of Fundamental Rights will become legally binding within the EU. These rights include rights such as the right to life and the prohibition of torture as well as a range of economic, social and cultural rights, such as the right to engage in work and conduct business. In practical terms, it means that if a person feels that their rights are not being adequately protected in their own country by their own government, in its implementation of EU law, they will now have recourse to the European Court of Justice. So while the rights contained in the Charter are not new, in that Ireland has already signed up to the Charter, they are now afforded a greater level of protection under the Reform Treaty.
No:
# The Treaty undermines the EU’s commitment to tackling global poverty and inequality.
Consequences of Rejecting Treaty
Yes:
# The Treaty was negotiated over 7 years by 27 different States in a complex and long process. The institutional question needs to be finalised so that EU and member state resources can be directed at more urgent and pressing issues, such as climate change, terrorism, migration, international crime and the world economy.
# Ireland enjoys substantial influence for its size in the European Union, with it being viewed as an enthusiastic, progressive and successful participant in the European project. Furthermore, Ireland is highly respected by small nations, less financially successful states as well as the economic powerhouses of Europe. Rejection of the Treaty would greatly sideline Ireland's influence in the EU decision making process and our ability to shape future policy. While we would maintain our veto and voting power, our ability to "punch above our weight" would be severely hit.
# The Treaty substantially embodies the deal on the European Constitution reached by the Irish Government, government officials and Irish diplomats during the Irish presidency of the EU in 2004. This agreement was unprecedented in the the level of Irish influence involved and it is unlikely that Ireland will ever have the opportunity to effect and shape a major treaty of this kind to this level again.
No:
# The Treaty can be renegotiated and a better deal may be achieved for Ireland.
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