Proposal to curtail Irish referendum rule on EU issues

national | eu | other press

Friday May 06, 2005 17:27

by redjade

The Government is proposing to amend the Constitution to allow for major future changes to EU rules, including the abolition of the national veto in almost all areas of policy over which the EU currently has power, to be made without a referendum.

Proposal to curtail referendum rule on EU issues

From Irish Times
http://www.ireland.com/newspaper/front/2005/0506/688781151HM1EULEAD.html

Archived text
http://groups.yahoo.com/group/miscetcetal/message/3

Under the proposal, voters would be asked in the forthcoming referendum on the EU Constitution to give the Government freedom to sign up in the future to a wide range of such changes as long as they get the approval of the Oireachtas.

This would fireproof future changes made without referendum - including contentious moves such as the appointment of a European public prosecutor - from constitutional challenge.

The Taoiseach, Minister for Foreign Affairs, Attorney General and senior Government officials have briefed the Fine Gael and Labour party leaders on these proposals in recent weeks.

Their response is not yet known, although the Government is believed to be open to considering alterations to the plan.

The Government's draft, which has been seen by The Irish Times, if approved, would allow the State to agree in future to give up the national veto and extend the practice of majority voting in the areas of common foreign and security policy, EU financing, social policy, environment policy and family law.

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Greens to vote on EU Constitution next month

Mon May 16, 2005 19:01

Tensions are growing among members of the Green Party over its stance on the EU Constitution, which was debated at the party's annual conference in Cork this weekend.

Unlike its European counterparts, the Irish Green Party has rejected closer integration in all referendums since the Single European Act in 1986.The Green Party will put the question of whether to support the EU Constitution to a vote of its membership next month.

http://www.sbpost.ie/post/pages/p/story.aspx-qqqid=4807-qqqx=1.asp

The Shut Out

by Paul B- - - - -

Sat May 07, 2005 17:45

"He slammed the Government for providing private advance briefings to Fine Gael and Labour" - from sinnfein.ie

This is some cold blooded stuff going on here. Let this be a lesson to all of those who say that Fine Gael and Labour are in the opposition. They are in the establishment. There are many anarchists in evidence on indymedia. I do not describe myself as such. But it is certain that we are ruled by a political elite. There are other models of democracy.

from the Hiberno-BlogoSphere....

Sat May 07, 2005 12:42

More on EU referendums in Ireland

'Specifically it seems the proposal will be rolled into the text of the referendum on the EU constitution. As I said earlier I'm surprised that they'd think this would fly, but you never know.'

http://funferal.org/mt-archive/000924.html

The 'Passerelle Clause' and other links...

Fri May 06, 2005 17:44

The Last Irish Referendum on the EU?
http://www.sluggerotoole.com/archives/2005/05/the_last_irish.php

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Dublin considers curbing referendums on EU issues
http://www.euobserver.com/?sid=9&aid=19011
The newspaper notes that the most wide-ranging proposal is permission for the government to sign up to the so-called passerelle clause in the EU Constitution.

This clause allows virtually all matters currently governed by unanimity - except tax and defence issues - to be decided by qualified majority voting following agreement by all 25 EU leaders

- - -

→ "Passerelle" Clause (Art.IV-444) :
http://www.eunee.nl/ag3-3.html
....the Escalator or "Passerelle" Clause (Art.IV-444) would allow the European Council of Presidents and Prime Ministers to move EU law-making from unanimity to majority voting for the many policy areas set out in Part III of the Constitution, as long as they agree unanimously amongst themselves and no national Parliament objects. In practice, if the EU Presidents and Prime Ministers wanted to use this escalator clause strongly enough, they would normally be able to command majorities in their national parliaments; so this right of parliamentary veto is not a major safeguard against creeping extensions of EU power by means of this device. There is a special escalator clause for the common foreign and security policy, whereby the Presidents and Prime Ministers may unanimously authorise the Council of Ministers to act by qualified majority, without National Parliaments being involved or having any power of veto (Art.I-40.7).

Labour has concerns

Fri May 06, 2005 17:32

Labour has raised concerns on draft wording for EU referendum
Issued : Friday 6 May, 2005
http://www.labour.ie/press/listing/20050506160619.html

Since we received the Government draft, our analysis of it gave rise to a number of serious concerns.

[....]

First, the Government’s draft wording contained an enabling provision that would lead to a situation where future changes in substantial areas of the policy elements of the European Treaties and Constitution, even if they were in conflict with a provision of our Constitution, could be adopted by a majority vote in the Houses of the Oireachtas, rather than by referendum. This change is not one required by the European Constitution, but rather contained only in the Government’s draft wording. It would give rise to the perception, at least, that major changes to the European Constitution could in future be made without any reference to the people.

[....]

Second, the wording appears to reflect a wish on the part of the Government to be in a position to enter into what would be, in effect, a binding international agreement on “permanent structured cooperation” in the area of defence. Again, it appears to be being proposed that a move towards permanent structured cooperation could take place on the basis of an Oireachtas majority. It is far from clear what this means, or why the Government would wish to do so, or what implications it would have for the so-called “triple lock” which is the cornerstone of Ireland’s current defence policy. (The triple lock means that Ireland sends troops abroad on the basis of three things – UN request, Government decision, and Dáil consent.)

Sinn Féin: Government asks people to sign blank cheque

Fri May 06, 2005 17:29

Government asks people to sign blank cheque
http://www.sinnfein.ie/news/detail/9474

Published: 6 May, 2005
Sinn Féin European Affairs spokesperson in the Dáil, Aengus Ó Snodaigh TD, has said the Government's draft constitutional amendments go further than ratifying the EU Constitution and would rule out almost any future referral of fundamental matters of Irish sovereignty to the people. He slammed the Government for providing private advance briefings to Fine Gael and Labour and releasing the proposals to the media before they were placed before the Oireachtas. He said:

"The Fianna Fáil/PD Government will be asking the people to sign a blank cheque to by making these amendments to the Constitution. Not only would this ratify the fundamentally flawed EU Draft Constitution it would also allow the Government to dispense with the need for any future referendum on EU matters.

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Proposal to curtail Irish referendum rule on EU issues

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