The Government's position on security and defence issues has been clearly stated at the convention, having been reflected in the proposed amendments to the draft treaty articles brought forward by the Government's representative to the convention, the Minister of State, Deputy Roche.
There is already provision for a possible European Union common defence in the current treaty. Such a decision would be a matter for the European Council acting unanimously and member states in accordance with their respective constitutional requirements. The possibility of a common defence has been agreed by the people on three successive occasions in their decisions to approve the ratification of the Maastricht, Amsterdam and Nice treaties.
The article of the draft constitutional treaty, proposed by the Presidium of the convention, and to which Deputy Gormley refers, proposes "closer co-operation", on an optional basis, in the area of mutual defence. Under this proposal, a member state which opts to participate in this arrangement and is the victim of armed aggression on its territory would be able to request aid and assistance from other participating states. Participation would be optional; member states opting not to participate in this arrangement would be under no obligation arising from it.
This proposal for "closer co-operation" as regards mutual defence, as well as some of the other proposals which the Presidium of the convention has brought forward in the security and defence area, have provoked a substantial amount of opposition within the convention. Reservations have been expressed not only by neutral and non-aligned countries, including Ireland, but also by some EU partners who see their security and defence requirements being best and satisfactorily met through their membership of NATO.
The draft treaty articles in the security and defence area remain the subject of deliberation at the convention. There will undoubtedly be further debate on these issues in the convention and, most likely, the subsequent intergovernmental conference, before any final decisions emerge.
In accordance with the amendment to the Constitution, approved by the people by referendum in October last year, Ireland cannot adopt a decision taken by the European Council to establish a common defence where that common defence would include the State. Specific reference is made in the amendment to the relevant provision of the Treaty of Nice.
While a formal decision will only be taken when a new treaty has been negotiated, it is clearly highly likely that a further referendum will be required for Ireland to ratify the treaty. Should the existing provision on common defence be amended or added to in any way, the Government would obviously have to take this into account in framing the proposal it puts to the people, in line with the substance and spirit of the recent constitutional amendment.
In summary, there is no question of the Government agreeing to Ireland's participation in a mutual defence commitment, other than with the approval of the people expressed in a referendum.