Dáil Éireann debate -
Tuesday, 23 Mar 1993

Vol. 428 No. 1

Written Answers. - Protocol Relating to Eighth Amendment of the Constitution.

Michael McDowell

Question:

78 Mr. M. McDowell asked the Tánaiste and Minister for Foreign Affairs whether the Government intends to raise the issue of the Protocol relating to the operation of the Eighth Amendment to the Constitution with our fellow member states in the EC; and whether it is intended to amend, delete or make provision in the Protocol in the light of the recent amendments to our Constitution and in the light of the solemn declaration published in 1992.

Tánaiste and Minister for Foreign Affairs (Mr. Spring)

Protocol No. 17 annexed to the Treaty on European Union and to the Treaties establishing the European Communities provides that nothing in those Treaties or in the Treaties or Acts modifying or supplementing them shall affect the application in Ireland of Article 40.3.3º of the Constitution.

The Solemn Declaration adopted by the member states on 1 May, 1992 stated that it was the intention of those states, including Ireland, that the Protocol should not limit freedom to travel between member states or, in accordance with conditions which may be laid down, in conformity with Community law, by Irish legislation, freedom to obtain or make available in Ireland information relating to services lawfully available in member states.