The question of the amendment of Protocol 17 of the Treaty on European Union was discussed by Foreign Ministers at the General Affairs Council in Luxembourg on 6 April last. At the meeting I explained to partners that, in the light of the Supreme Court judgment in the case of the Attorney General v. X and Others, Ireland wished to amend Protocol 17 to provide expressly for freedom to travel and to provide and obtain information in relation to services lawfully available in the other member states. I did not table a formal proposal for amendment of the Protocol in advance of hearing the views of partners at ministerial level.
The reaction of partners was as outlined in paragraph 1.28 of the White Paper on the Treaty on European Union. They had no objection to the substance of Ireland's proposal. However, a majority of them were unable to agree that Ireland's position be addressed by means of an intergovernmental conference to amend the Treaty of which the Protocol is part. Partners feared that to agree to any amendment of the Treaty would lead to a list of demands by other member states for other amendments.
In the circumstances we decided not to proceed with efforts to amend the Protocol. A solemn declaration interpretative of the Protocol was agreed by the Foreign Ministers at their meeting in Guimaraes on 1 May.
Discussions in the Council of Ministers are confidential and I am not therefore in a position to give the information sought by the Deputy as regards the stance taken by individual member states other than Ireland, or the text of statements made by them in the course of the debate in the General Affairs Council of 6 April.
