The proposal for the 25th amendment of the Constitution is fully reconcilable with protocol 17 to the Maastricht Treaty and no difficulty arises on foot of that protocol or on foot of the solemn declaration made by the other EU member states in relation to the protocol. The proposed amendment and the envisaged legislation have no EU law content or implications and do not endanger or compromise the terms of protocol 17. Neither the protocol nor the solemn declaration are of any relevance to the internal criminal law of Ireland as a member state of the European Union in respect of the criminal prohibition of abortion within the State and there is no EU law dimension to the Government's proposal.
Protocol 17 and the solemn declaration relate only to Article 40.3.3º of the Constitution and not to the additional articles which it is proposed will be inserted, if the amendment is passed. The question of amending the protocol in the event of the 25th amendment being passed does not, therefore, arise and so has not been discussed at European level.