Ireland will retain its right to veto World Trade Organisation talks and maintain its position on abortion if the Lisbon Treaty is passed, the Referendum Commission said today.
The Commission had decided to offer "clarification" to voters given the "confusion" that has surrounded some of the debate, the chairman of the Referendum Commission, Judge Iarfhlaith O'Neill.
World trade talks can be blocked because all such deals include elements that require unanimity, even if the agricultural chapter does not.
In his statement, Judge O'Neill said Protocol 35 to the Lisbon Treaty makes it clear that nothing shall affect Article 40.3.3. of the Constitution.
"Protocols have full legal force – they have the same legal status as an Article of the Treaties. This Protocol is EU law and it explicitly excludes Article 40.3.3. of the Irish Constitution from any other EU law. This mean's Ireland's constitutional position on abortion would not be affected by the ratification of the Lisbon Treaty," he said.
Judge O’Neill said it was the Commission’s role to explain what is in the treaty and not to supervise the debate in the referendum campaign.
He said the Commission had listened to the debate in recent weeks and “we believe there may be some confusion on a number of issues”.
One area that needed further clarification, Judge O'Neill said, was how qualified majority voting would work under the new treaty and in which areas it would apply.
He explained the proposed voting system was not directly comparable to the existing system. Under the Lisbon Treay, decisions would require 55 per cent of member states to agree and that those states must support at least 65 per cent of the population.
“In addition, at least four member states must be opposed to a decision in order for it to be blocked. This ensures that decisions cannot be blocked by just three of the larger member states acting together, even if the population criterion is met.”
Ratification of the treaty would also mean some policy areas where unanimity is currently required would in future be decided by qualified majority voting, he said.
Member states will no longer have a veto in areas such as the election of the President of the European Council, measures concerning an immigration policy and the immplemetation of the solidarity clause in the event of a member state suffering a terrorist attack or a disaster.
However, unanimity will persist in agreements in the field of trade in services and the commercial aspects of intellectual property, as well as foreign direct investment, Judge O’Neill said.
But anti-treay group Cóir today accused the Commission of breaching its mandate by not providing “impartial information” and actively campaigning in the referendum on Lisbon.
Cóir spokeswoman Niamh Uí Bhriain claimed the Commission was engaged in giving its opinion rather than presenting the facts. She said the Commission was trying "to fudge the issue" on abortion by saying that it will not affect the Irish Constitution.
“If the Judge O’Neill had listened closely, as he claims he and the Commission had done, he would have heard Cóir position on the issue”.
“The Lisbon Treaty gives the European Court of Justice the right to make a future ruling on Ireland’s abortion laws - and on other areas of importance such as family law and children’s rights," she said
“In doing so it allows the EU Court to overrule the wishes of the Irish people, “ she claimed.
