The other EU countries must stand ready to meet Ireland's concerns if they want Ireland to re-consider the Lisbon Treaty. But to do so, they need Ireland to articulate a list of demands.
That is the message I gave today to the special Oireachtas sub-committee on Ireland's relationship with the EU as part of a delegation of the European Parliament's Constitutional Affairs committee.
This is not an easy situation for anyone. We all know that any changes to the EU treaties require the agreement of every single Member state. But as we approach a situation where 25 or 26 will have said "Yes" and just one has said "No", it is neither unreasonable nor undemocratic to ask the one to reconsider - especially if a serious effort is made to meet its concerns.
Of course, Ireland would be perfectly entitled not to re-consider. In law, that would be the end of the Lisbon treaty. But Ireland's friends across Europe would be dismayed at such an attitude. In the EU, the give-and-take co-operation of all member countries is fundamental to the continued success of the EU. If there is a divergence of views, we attempt to bridge the gap. If Ireland were to reject the idea of even trying to find a solution acceptable to all Member States, without even trying, it would find itself losing the considerable sympathy it has always enjoyed across Europe.
Some leading "no" campaigners, such as Declan Ganley, said at the time that the result was "a mandate to the Irish government to seek a better deal". It is a pity that he now seems to want to oppose any such attempt.
Fifteen years ago, when Denmark rejected the Maastricht treaty, it told the other member states to continue with their ratification procedures. The Danes said to the rest of Europe that they didn't want to blow up the whole edifice, but would come back with proposals to find a way out. Denmark identified four items in the Maastricht package that it didn't like; the other member states were able to meet its concerns (without, by the way, needing to change the treaty to do so) and Denmark then approved the treaty by a comfortable majority in a new referendum. Ireland itself went through a similar process with the Treaty of Nice.
Will it be possible to do likewise with Lisbon? The findings from the research commissioned by the Irish government indicated that lack of knowledge and information were the single most important factor, both in abstention and in voting "no". Fear of conscription into a European army, threats to corporation tax, the lack of an automatic Irish Commissioner and workers rights were among the specific concerns that were confirmed by the research.
Several of these concerns can easily be met, not least because they were unjustified fears. The treaty does not change Ireland's ability to set its own tax rates, it does not oblige it to send troops to a European army and, perversely, workers' rights would actually be strengthened by the treaty. Such fears can be assuaged without needing to change the treaty, by clarifying declarations or, if necessary, additional protocols.
Other concerns might be more difficult. The loss of an Irish Commissioner (for one Commission out of three, as of 2014, as for every member state) was an issue, but special treatment for Ireland would be difficult. After all, Ireland and the other small countries were victorious on that point in ensuring equal rotation, irrespective of the size of countries, while the current Nice Treaty would anyway require a smaller Commission - but without an agreed rotation system.
Whatever the issues are, it should not be impossible to address the bulk of Irish concerns. If this can be done without having to alter the treaty - which would require a new IGC and renewed ratification in all other countries - then so much the better.
Of course, no-one relishes the prospect of still more debate and negotiation on the minutiae of the composition and functioning of the EU institutions, and achieving a solution acceptable Ireland and to all 26 other countries may not be easy. But an even worse solution would be to abandon all reform. A poorly functioning EU, failing to deliver on behalf of its citizens, is in no-one's interest, especially in this time of economic uncertainty. Sweeping the necessary reforms under the carpet because you can't even be bothered to explore the possibility for a compromise would do nobody any favours.
Naturally, other countries and the European Parliament would prefer to find a solution in time for the European elections. Whether this is possible is up to Ireland. As responsible players, the Irish government and the main opposition parties will want to proceed carefully but purposefully. Other European countries must do what they can to help, but while we all want a solution as soon as possible, we must accept that there are no shortcuts and the issues raised by the "No" campaign must be given a respectful answer
Labels: democracy, Ireland, Referendums, reform treaty