John Gormley
Question:96 Mr. Gormley asked the Minister for Foreign Affairs the implications for Ireland of the solidarity clause in the new EU constitution; and if he will make a statement on the matter. [28818/04]
View answerWednesday, 24 November 2004
Questions (112, 113)
Written answers
The solidarity clause and so-called mutual defence clause are separate issues in the European constitution. The Solidarity Clause, Article I - 43, is for each member state to determine how to respond to a request from another member state in case of terrorist attack or natural or man-made disaster. No member state is bound to take any particular course of action. The European constitution also contains a declaration on the solidarity clause, which clearly states that none of the provisions of the solidarity clause are intended to affect the right of another member state to choose the most appropriate means to comply with its own solidarity obligation towards another member state. Any decisions having military implications under the solidarity clause would be taken by unanimity. The Government has welcomed and supported this provision which is fully consistent with our traditional policy of military neutrality.
Under the mutual defence clause, Article I - 41.7 of the treaty, the European constitution states that if a member state is a victim of armed aggression on its territory, the other member states will have a obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the UN Charter. Importantly for Ireland, the article makes clear that this obligation shall not prejudice the specific character of the security and defence policy of certain member states.
As the Taoiseach and my predecessor have made clear, in the event of another member state coming under attack, we would continue, as we do now, to determine our own response, consistent with our own constitutional and legal arrangements. Ireland is not bound by any mutual defence commitment and the entry into force of the European constitution will not change this. Our traditional policy of military neutrality is not altered or compromised by this article in the constitutional treaty.
Question No. 97 answered with QuestionNo. 48.
John Gormley
Question:98 Mr. Gormley asked the Minister for Foreign Affairs whether Ireland will be in a position to partake in structured co-operation under the new EU constitution; and if he will make a statement on the matter. [28816/04]
View answerThe European constitution puts in place the new arrangement, permanent structured co-operation, to enable those member states wishing to do so to commit to being able to undertake the most demanding crisis management missions. Structured co-operation is open to all member states, on the condition that they undertake to enhance their defence capacities through the development of national contributions and subject to participation in a number of areas specified in the European constitution. Member states can indicate their decision to take part in structured co-operation once the European constitution comes into force. Alternatively, member states who decide not to participate immediately can decide to do so at a later date, providing they meet the criteria outlined.
Decision-making procedures for structured co-operation are set out in the European constitution. These provide that decisions will be taken by unanimity among the states participating in permanent structured co-operation. The detailed arrangements for the implementation of structured co-operation have yet to be elaborated. Structured co-operation will be possible only upon entry into force of the European constitution, which, subject to national ratification procedures, is envisaged in 2007. The Government will take a decision on whether or not Ireland should participate in structured co-operation in due course, once it becomes clear as to precisely what commitments are involved.
Question No. 99 answered with QuestionNo. 31.
Question No. 100 answered with QuestionNo. 30.
Question No. 101 answered with QuestionNo. 23.
Question No. 102 answered with QuestionNo. 20.
Question No. 103 answered with QuestionNo. 47.