Michael D. Higgins
Question:30 Mr. M. Higgins asked the Minister for Foreign Affairs if he will confirm recent reports that the official preferred position of the Irish Government was and is the dropping of Protocol 17 from the Maastricht Treaty.
Written Answers. - Maastricht Treaty.
Following the Supreme Court judgment in the X case in February last the Government were concerned that Protocol 17 of the Treaty on European Union could restrict rights to travel and to information under Community law. The option which the Government followed was to seek an amendment to the Protocol which would have all party agreement. Prior to the General Affairs Council on 6 April the Government and opposition parties were involved in seeking a mutually agreed text.
On 6 April, amendment of the Protocol was considered by the General Affairs Council. Any amendment to the Treaty involved the convening of an intergovernmental conference. While our partners accepted the substance of Ireland's concerns and were willing to help in any way possible they could not agree to convene an intergovernmental conference. They feared that any opening of the Treaty would lead to demands within other member states for other issues to be addressed by a new intergovernmental conference, and the possible unravelling of the Maastricht package.
As a result the Solemn Declaration was negotiated and adopted by Council on 1 May.
I am not aware of reports that the Government preferred to drop Protocol 17. The option considered by the Government and the main Opposition parties was an amendment to the Protocol. Following the decision to seek to amend the Protocol, the Government were made aware by the Legal Services of the Council of the European Communities that an amendment to or the deletion of the Protocol would require the convening of an intergovernmental conference. Once the possibility of convening an intergovernmental conference was ruled out by the General Affairs Council on 6 April, the possibility of deleting the Protocol was similarly precluded.