Reality Check
In the text below we have provided explanations and answers to many of the issues that have been raised by anti-Lisbon campaigners.
The Treaty is Self Amending - this is the last referendum we will have
The relevant section of the treaty 1.56 (often referred to as 48) states
"The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements."
This makes it clear the ratification remains solely a matter for the member state. In Ireland this generally means a referendum, more precisely a referendum when there is a major transfer of power or a new or innovative form of decision making. The Crotty case set this our clearly. This is then a matter exclusively for Irish domestic law, nothing changes. It could be argued that some small changes do not need a referendum but this is the case today...nothing changes and the EU cannot decide this for us, that is clear in the treaty.
One reason this can be confused is because the treaty provides now for two ways of negotiating treaty changes, these are a simplified and a normal procedure one involving an intergovernmental and one which does not. This simply covers the process up to ratification...the process of ratification (parliamentary or referendum) remains a decision for the member state
Too Complex
The Treaty is complex; the question is whether this is a reason to vote against it. There are many complex processes in life and politics where we rely on advice and summaries. The methodology of amending existing treaties was generally the norm and the proposed constitution was the exception. The treaties amended are relatively clear, the latest version of the Treaty pre changes can be obtained by searching for Nice Treaty Text or Treaty on European Union Text, and the IEA have produced what it will look like afterwards.
No consolidated text
Several have emerged and the EU will have one by April, the IEA text is perfectly consolidated
Defence Agency and defence "spending"
A defence agency currently exists; the Treaty will give it a treaty basis. Co-operation in defence procurement is an issue of efficiency and value for money. As Ireland is involved in many EU missions ensuring our forces are properly prepared and have interoperable equipment is important to us.
The treaty says "Member States shall undertake progressively to improve their military capabilities." in article 49. This does not mean more defence spending, it is a matter for member states how they meet this commitment together. It could be done by refocussing spending or achieving savings, in Ireland for example there has been upgrading and improving of the defence forces and the Department has raised money form disposing of assets
Mutual Defence
There is no provision for mutual defence in the treaty, the phrase is not even mentioned. There is a provision for mutual assistance (article 49) but this is very different. It is covered by unanimity (earlier in article 49) and respects the "specific character" of member states policies i.e. neutrality or non alignment
Common Diplomatic Service
This is really good news for Ireland, it provides for consular and other services for people where there is no Irish embassy, this happens informally and with the UK. The EU system will mean services are available in many more countries, this is important to travellers and Irish business.
Charter of Fundamental Rights
This is a major advantage for those on the left. It is argued by some that it goes too far and by others that it doesn't go far enough! The charter is simple and understandable and contains important social and human rights. It is made legally binding in this treaty. It applies to the EU Institutions and the member states when implementing EU law.
Members of the Commission
All member states equally loose their right to have an automatic commissioner. This is an understandable measure for efficiency. Large states used to have two commissioners and some of them now will be without one for 5 years. The change is being shared by all states equally. It is clear that the Commission cannot continue to grow for ever and ever. Even now many jobs are tokenistic and some overlap.
QMV & unanimity
More areas are moving to qualified majority voting (QMV). It is about 34 areas not the 105 some claim, Ireland has an opt out on some of these in the area of Justice and Home Affairs. While more majority voting is often portrayed as a problem it may often be in Ireland's interest to have more of it, often there are things we may want to get done and one or two countries are blocking it. It certainly appears that Ireland has hardly ever been on the loosing side in a QMV vote, indeed it is only used in about 1/5 of all decisions. It does not apply to defence or taxation.
Chad mission
Ireland is involved in this mission to protect refugees form Darfur, while France has a dominant role in Chad this is nothing to do with the EU mission which operates under a U.N. mandate.
Taxation
There is no real change here. Taxation remains a matter for unanimity. The Commission has proposed a consolidated tax base, however there is a long way to go on this an the method used to possibly adopt it (enhanced co-operation) means Ireland wouldn't be bound by it and the numbers needed still make it extremely difficult to achieve.
No Votes in France and Holland, we are the only ones having a referendum
All member states decide themselves how and what to ratify, it is a sovereign decision for member states, it's none of our business how they do it and none of theirs how we do it.
Same as Constitution
Many aspects are the same as the constitution but some key parts are not, i.e the Flag, anthem and nature of a Constitution
EU Law is supreme
This has been the case since the 1960s Van Gend en Loos case, it is the only way for the EU to work if you think about it. However it can only operate where the EU has competence, much of the legislation people talk about coming form Brussels is technical in nature.
Privatisation and neo-liberalism
Privatisation is not mentioned in the treaty. The EU has no position on privatisation. The EU does have a competition policy but this is not the same. Clearly public and private can compete for example BUPA and VHI. This was the case with Aer Lingus and Ryanair, our own Government decided to privatise Aer Lingus. EU state aid rules which have existed for a long time allow state investment but not in an unfair or dominant way which would disadvantage competitors and perhaps consumers, this all exists currently and is not changed in Lisbon.
Enhanced co-operation
This is a process whereby a smaller number of states can go ahead with something that others may not be willing to. It has existed for some time, indeed the Euro could be seen as a form of enhanced co-operation (but as it has its own treaty basis technically it is not). Lisbon makes it somewhat easier to set up enhanced co-operation by making QMV the norm in establishing it. Again there may be areas where Ireland would favour enhanced co-operation, where we do not want to partake we are not obliged to, it is flexible. There are many safeguards involved...it cannot undermine existing policies or the treaties. It cannot apply to defence issues.
Structured co-operation
This is a variation of enhanced co-operation in defence matters, it allows those with more developed capacities to work together on issues, it is mainly related to implementing missions which themselves are decided by unanimity. The same flexibility as with enhanced co-operation applies.
Super state
Although not specifically related to Lisbon this argument is common. This Treaty makes it clear that all powers of the EU are based on conferral, i.e. they are given by the members to the EU. The European Union has a relatively small civil service compared to member states and can only operate in many traditional state areas such as defence by unanimity.
What next
The Lisbon European Council where the treaty was signed made it clear that this was the final act in the current phase of institutional work and that the EU will be concentrating on implementing in the future, "The Lisbon Treaty provides the Union with a stable and lasting institutional framework. We expect no change in the foreseeable future, so that the Union will be able to fully concentrate on addressing the concrete challenges ahead, including globalisation and climate change"
MEPs
Co-decision where the European Parliament has equal say with national governments in the council of ministers is to be the default position. This enhances the role of the one directly elected democratic body in the European Union. The socialist group is the second strongest group in the parliament and the most cohesive. MEPs also have greater influence through properly functioning committees that shape legislation and can make real changes as opposed to nationally where the Government simply gets its way all the time.
Citizens Initiative
The Treaty provides that where 1 million citizens petition the European Commission the issue must be responded to. This is a new and innovative measure in the treaties. It has the prospect of giving voice to a number of issues on a pan European basis. While it may be portrayed as advisory it is a significant step forward in opening up the policy making process and could be built on in the future.
National Parliaments
There is a significant enhancement of the role of national parliaments in the treaty. This is a major democratic reform and it one the party has long sought. National Parliaments can now object to proposed legislation in advance if they feel the power should be exercised at national level. Parliaments will have 8 weeks to examine proposals. One third of national parliaments can have a proposal re-examined. The proposal could be struck down if a majority of parliaments maintain opposition and the Council or Parliament agree.
JHA (Divorce?)
The EU has been developing a competence in Justice and Home Affairs for some time. Issues such as crime, drug trafficking and immigration are ones people want to see the EU dealing with. In areas of criminal law and police co-operation the Irish Government has an opt out. This means Ireland can absent itself, the Government has stressed it can opt in at any time, this is because our legal system our legal system in similar to that of the UK. Unrelated to this the EU has sought to harmonise the mutual recognition of foreign divorces, this is a practical measure to ensure divorces in one member state are recognised in others due to the workplace impact on pensions, social security etc. It does not change Irish Law on divorce which is set out in law and in the Constitution.
President of the European Council
Provision is made for a president of the European Council for 2.5 years. This is to give the EU a face and a contact point, the rotating president at this highest level will cease. In reality with 27 members peoples "turn" came around less and less. The position is important but is not all powerful. The idea is for somebody to chair the meetings, give leadership and speak for the EU.
Abortion
The "Maastricht Protocol" remains in the treaty which ensures Ireland decides this issue for itself