Vol. 574 No. 3
5 Mr. Gormley asked the Minister for Foreign Affairs his views on whether, if the new EU Constitution is passed as it stands, Ireland can participate in closer co-operation as regards a common defence under Article 40.7 without a further referendum; and if he will make a statement on the matter. [26891/03]
The Government's position on security and defence issues has been clearly stated at the Intergovernmental Conference. Together with a number of other neutral and non-aligned member states, we have expressed reservations about the proposal for closer co-operation on defence. Concerns have also been voiced by a number of 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 Intergovernmental Conference.
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 for member states in accordance with their respective constitutional requirements. The possibility of a common defence has been agreed by the Irish people on three successive occasions in their decisions to approve the ratification of the Maastricht, Amsterdam and Nice treaties. A similar provision is carried over in the draft constitutional treaty.
The article of the draft constitutional treaty as it is currently worded and to which Deputy Gormley refers, proposes "closer co-operation" on an optional basis in the area of mutual defence. This would be dependent on a decision by the European Council to move to a full common defence involving all member states. Under this proposal, a member state which opts to participate in this arrangement, and which is the victim of armed aggression on its territory, would be able to request aid and assistance from other participating states. Member states opting not to participate in this arrangement would be under no obligation arising from it.
As the Government has stated on a number of occasions, Ireland cannot adopt a decision taken by the European Council to establish a common defence where that common defence would include the State unless the people decide otherwise in a referendum. This is in accordance with the amendment to the Constitution approved by the people by referendum in October of last year. Therefore, there is no question of the Government agreeing to Ireland's participation in closer co-operation in the area of mutual defence, other than with the approval of the Irish people expressed in a referendum. The Taoiseach made this clear to the Deputy when he was asked the same question at the National Forum on Europe last month.
I welcome the fact that the Irish delegation has expressed reservations, as it did in the Convention. I am glad to hear we are working closely with other neutral states. When the Taoiseach replied to me at the Forum for Europe, he made his views known. The Minister will appreciate that sometimes it is difficult to understand what the Taoiseach is saying. What he did not say was that he would include some sort of amendment in the Constitution to ensure that Article 40.7 is covered so that we would be required to have a referendum. If the Minister is referring to what we agreed at Nice, that refers specifically to Nice. Notwithstanding that, it states, "The State shall not adopt a decision taken by the European Council to establish a common defence policy, pursuant to article 1.2 of the Treaty referred to . . . where the common defence would include the State."
In the draft European Constitution, Article 40.2, which takes its lead from Nice, states that the common security and defence policy shall include "the progressive framing of a common Union defence policy" and this will lead to a common defence "when the European Council, acting unanimously" so decides. Article 40.7 states that "until such time" as the European Council has acted in accordance with paragraph 2 of this article, "closer co-operation" shall be established. We are talking about closer co-operation as regards common defence and when one reads the whole thing it certainly looks like a mutual defence pact.
I do not believe we are covered in terms of a referendum. I take the Minister's assurance but I want to nail him down on this. Will it be put into the Constitution before we have a new referendum? We will have this referendum. Will the Minister say when he thinks these discussions will be concluded at the Intergovernmental Conference? I note from yesterday's newspaper that Sweden and Finland have expressed their reservations. I hope the Minister has put forward his position as well and that he will seek an amendment or insert one in our own Constitution so that we will have a referendum to decide whether Ireland embarks on closer co-operation as regards common defence.
There are two issues we are concerned about. The Minister could decide to join without a referendum and, second, the fear articulated by the Finns and Swedes that one may now have a group of countries working together, forming a core within a group – as, for example the Petersberg Tasks – under the EU flag, and we are not involved in that decision-making. Those are the two concerns. Will the Minister address, in particular, the question of the referendum?
I appreciate, as Deputy Gormley says, that this is a somewhat complex and technical area. I will be as clear as I possibly can. We have a constitutional provision that should the European Council take a decision to establish a common defence, there has to be a referendum of the Irish people before an Irish Government of whatever hue can adapt to that. In the draft constitutional treaty, there are provisions that emerged from the Convention. Before we have had concepts such as "enhanced" co-operation. We are now talking about "structured" co-operation.
Closer co-operation.
Closer co-operation and structured co-operation is another part of the defence architecture they are talking about. Our constitutional provision protects us in so far as we cannot enter into any mutual defence obligation without a referendum. As the Deputy said, in the three previous constitutional treaties there has been provision for an aspiration to work towards or progress towards common defence. We have fully participated in European security and defence policy, consistent with our foreign policy traditions, while that work has been continuing.
An important point must be made about the structured co-operation proposal, which is still under consideration and not finalised in terms of its discussion. We cannot debate it clearly until we see what the final outcome of these discussions will be. Structured co-operation is an "opt-in" proposal. There is no automaticity involved. Ireland is not going to be drawn into having to take responsibility for any arrangements which it is not happy about. It is open to us to opt into certain arrangements at any time, short of common defence, because that is what the constitutional provision stipulates.
If the Deputy is asking whether we are now going to have a referendum as regards structured co-operation, we do not know the outcome of the discussions yet, so I cannot give an answer to that.
It remains—
There is an attempt sometimes, having agreed that Ireland cannot be party to a common defence policy without a referendum, to present me with another bar by insisting structured co-operation also requires a referendum. I am not in a position to give any commitment in that regard, because it is a "opt-in" arrangement and it is prior to the establishment of a common defence.
To answer the question on the referendum issue, while a formal decision will only be taken when a new treaty has been negotiated, it is highly likely that a further referendum will be required for Ireland to ratify it. We know that. Should the existing provision on common defence be amended or added to in any way, the Government would have to take this into account in framing the proposal it puts to the people, in line with the substance and the spirit of the recent constitutional amendment.
This is not a commitment by me to lower the bar in terms of the common defence requirement. It is simply, as Deputy Gormley said, related to the current constitutional amendment which refers to the Nice treaty. In adopting this treaty we may require amendments to make sure that the spirit and substance of what we have already committed ourselves to remains. In the meantime, if in that new treaty there are provisions as regards structured or enhanced or closer co-operation, we have an opt-in provision – we are not automatically lined in – and we will continue to participate in the European Security and Defence Policy consistent with our own traditions, short of common defence being established. That is the best way I can express it for the moment.
