http://debates.oireachtas.ie/DDebate.aspx?F=DAL20090708.xml&Page=2&Ex=H23#H23

From the Dail Debates 8 June 2009 in passing the 28th Amendment Bill.

Minister for Foreign Affairs (Deputy Micheál Martin): I move:

THAT the statement set out in the Schedule to this Resolution be prescribed for the information of voters pursuant to section 23 of the Referendum Act 1994 (No. 12 of 1994), in relation to the proposal to amend Article 29 of the Constitution which is contained in the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009, and is the subject of a constitutional referendum.

Schedule

Treaty of Lisbon Referendum

The Treaty of Lisbon will effect certain changes to the functioning of the European Union. In Ireland the Treaty of Lisbon can only be ratified if an amendment of the Constitution is approved by referendum. You will be asked whether or not you approve of the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009 which proposes to amend and update the provisions of the Constitution relating to Ireland’s membership of the European Union. The proposed amendment would-

(a) affirm Ireland’s commitment to the European Union,

(b) enable Ireland to ratify the Treaty of Lisbon and to be a member of the European Union established by that Treaty,

(c) update the provisions of the Constitution that will ensure legal compatibility between Irish law and the law of the European Union,

(d) allow Ireland to agree to certain measures under the treaties being amended by the Treaty of Lisbon, subject to prior approval of both Houses of the Oireachtas, and

(e) restate the prohibition on Ireland joining any European Union common defence arrangement,

and for ease of reference the proposed amendment is set out hereunder.

The Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009 proposes-

(a) to insert the following subsections in section 4 of Article 29 of the Constitution:

’4o Ireland affirms its commitment to the European Union within which the member states of that Union work together to promote peace, shared values and the well-being of their peoples.

5o The State may ratify the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on the 13th day of December 2007 (“Treaty of Lisbon”), and may be a member of the European Union established by virtue of that Treaty.

6o No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State, before, on or after the entry into force of the Treaty of Lisbon, that are necessitated by the obligations of membership of the European Union referred to in subsection 5o of this section or of the European Atomic Energy Community, or prevents laws enacted, acts done or measures adopted by-

(i) the said European Union or the European Atomic Energy Community, or institutions thereof,

(ii) the European Communities or European Union existing immediately before the entry into force of the Treaty of Lisbon, or institutions thereof, or

(iii) bodies competent under the treaties referred to in this section,

from having the force of law in the State.

7o The State may exercise the options or discretions-

(i) to which Article 20 of the Treaty on European Union relating to enhanced cooperation applies,

(ii) under Protocol No. 19 on the Schengen acquis integrated into the framework of the European Union annexed to that treaty and to the Treaty on the Functioning of the European Union (formerly known as the Treaty establishing the European Community), and

(iii) under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, so annexed, including the option that the said Protocol No. 21 shall, in whole or in part, cease to apply to the State,

but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.

8o The State may agree to the decisions, regulations or other acts-

(i) under the Treaty on European Union and the Treaty on the Functioning of the European Union authorising the Council of the European Union to act other than by unanimity,

(ii) under those treaties authorising the adoption of the ordinary legislative procedure, and

(iii) under subparagraph (d) of Article 82.2, the third subparagraph of Article 83.1 and paragraphs 1 and 4 of Article 86 of the Treaty on the Functioning of the European Union, relating to the area of freedom, security and justice,

but the agreement to any such decision, regulation or act shall be subject to the prior approval of both Houses of the Oireachtas.

9o The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to Article 42 of the Treaty on European Union where that common defence would include the State.’,

(b) to delete the following text from the first sentence of subsection 3° of section 4 of Article 29 of the Constitution:

’the European Coal and Steel Community (established by Treaty signed at Paris on the 18th day of April, 1951), the European Economic Community (established by Treaty signed at Rome on the 25th day of March, 1957) and’,

(c) to delete the second sentence of the said subsection 3°, and

(d) to delete subsections 4°, 5°, 6°, 7°, 8°, 9°, 10° and 11° of section 4 of Article 29 of the Constitution.

IF YOU APPROVE of the proposal, mark X opposite the word YES on the ballot paper.

IF YOU DO NOT APPROVE of the proposal, mark X opposite the word NO on the ballot paper.

A copy of the Bill can be inspected or obtained free of charge at any Post Office.”

Faisnéiseadh go rabhthas tar éis glacadh leis an gceist

Question put and declared carried.