Swiss back extending EU Accord

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Near full results show 59% of voters in Switzerland back the extension of labour accords to cover Bulgaria and Romania. This was on a 52% turnout. The opposition won a majority in four cantons out of 26. If the Swiss had voted no, it would have ended a number of important treaties between the EU and Switzerland. For more see Swissinfo

There is something that might get me to vote yes

Image via WikipediaI know I have stated before that I will vote no to Lisbon if it is put again to the electorate (here and here) but a post over on Slugger reminds me why I should vote yes.

The Nice Treaty.

I hated that treaty and when it comes to being a choice, as José Manuel Barroso said "We have either one Treaty or the other Treaty" and when it comes to me picking I prefer the Lisbon Treaty.

Under the Nice we lose our commissioner, as I pointed out during the campaig. Under Libon this might not happen and looks like it won't happen if they agree before hand. But under Lisbon if we do lose the commissioner it is under a lot fairer system especially in comparison to the system under Nice where one country loses out.

Voting, under Nice the arrangements are as follos for a proposal in the EU Council.
For a proposal to pass it needs the majority of countries (50% or 67%) and votes (74%) and population (62%). For a proposal to fail a condition to pass a vote must not be achieved. Under Lisbon the procedure is much easier, firstly to understand and secondly to block. The proposed method for a proposal to pass is a majority of countries (55% or 72%) representing 65% of the population or a condition to block not met. For a proposal to fail at least four countries must be against the proposal. In cases where, under the Treaties, not all members participate the minimum number of members representing more than 35% of the population of the participating Member States, plus one member are against the proposal. The second condition of at least 4 countries against the proposal is to ensure that the most populous Member States cannot block decisions and is important in 10 different voting scenarios where legislation requiring QMV can be passed although the population requirement isn't fulfilled and all member states except:

#Germany and France and one of UK, Italy, Spain or Poland
#Germany and UK and one of Italy, Spain or Poland
#Germany and Italy and one of Spain or Poland
#France and UK and Italy

are for the proposal. Which means the larger states cannot block passage of proposals.

Nice, in my opinion, was not a good deal for small member states and I was against it. Lisbon on the other hand is a fairer deal and I was for it. I am going to have a lot of wrangling with myself over how I will vote next year. Only time will tell if I can change how I will vote.

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Some tips for Brian Cowen

Image by friendly-fire via FlickrFionnan Sheahan had an excellent column in yesterdays Indo on how Cowen et al could actually pass Lisbon the 2nd time round. I have to agree with him on most of his points.

1 Read the "bloody" Treaty.
This was a major one. Something I came across on the canvass and considering I actually read the treaty, its not impossible. But of course Cowen is not the only one, Mary Coughlan also needs classes on EU basics, especially the commission.

2 The Green Party, the IFA and SIPTU need to back the treaty from the start.
The Green Party because they are in Government! The IFA will probably back it because of the pork debacle and that. SIPTU need to be given reassurances on their issues, but it needs to be done behind the scenes not in public.

3 The same blood, sweat and tears put into a general election is needed to canvass for votes in this referendum.
That is something that every party is at fault for. Labout putting up posters with small yes'. FG putting focus on Enda and the MEPs. FF for not doing much canvassing. All sides need to convince their supporters and make sure they are well briefed to deal with questions.

4 Give people a reason to vote Yes
Anyone could write reams on why to vote no, but the yes arguments never stuck. This is something they need to work on.

5 It's the economy, stupid
Europe is in a recession, can we face it better as a group which might lessen the effects of that terrible budget? Its a "twin-edged sword" which is mainly the fault of the Government.

6 Run your own campaign has to be the message for the political parties.
FF and FG should not be co-operating too much in the public eye. FF and Greens working together and FG and Labour working together is natural. But all the parties doing a united campaign won't wash it.

7 Tighten up funding laws
This will lower the hassle after the vote if another "libertas" type group crops up.

8 No own goals
Can the government stop making stupid moves? I don't know. But it will be critical if the Government want to get this passed.

9 Challenge the No camp claims
A lot of time was spent trying dispel "myths". Try challenging them to back up their claims and people will see the truth.

10 A coherent Yes campaign wouldn't actually go astray
Okay so dont work in public but work together behind the scene. No point in replicating work, and that it just wastes time and resources.

11 Reach out to reassure specific groups
Certain groups had certain issues, no harm in targetting them.

12 Stop patronising people
Convince them! Dont tell them what to do.

13 Speak plain language
In other words, dont tell Brsin go off on his trip to jargon-land. The EU is confusing enough, with out using obscure and strange terminology.

Anything else you add?

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Lisbon - Round II

Image by stephen.spillane via FlickrSo the stage is being set for us to vote on the EXACT same treaty again. Granted the only difference is that the member states will agree not to limit the number of EU Commissioners. The other changes will be copper fastening what we already have. A protocol on Abortion (Attached to Maastricht!), Military (Attached to Nice after Nice I) and Tax Sovereignty which is in all the treaties! Really come on like! How stupid do the government think we are? While I love Europe and the EU and all the good it does it, I am not voting for this treaty unless our Government and specifically our Taoiseach shows some leadership!

Martina Devlin has an excellent column in todays Indo on Brian Cowen's lack of leadership especially in comparison to Gordon Brown who "transformed himself into a phoenix among politicians, emerging gloriously from the ashes of his career after bold steps to tackle the banking meltdown". Which is true and opinion polls have shown that with a marked decline in the lead the Tories have over Labour.

The same cannot be said for Brian Cowen and Fianna Fail here. When ever there is an announcement all that follows is confusion and blame games. No one in this country will take the blame. When it was obvious to the dogs on the street that the Lisbon Referendum was going to fail, Brian Cowen decided to blame Fine Gael and Labour for not pulling their weight when it was obvious Fianna Fail TD's and suppporters where not canvassing (I didn't get canvassed by any 'Yes' group).

Though I am suppportive of the European Project, I am more supportive of Democracy and think unless there is substansive change to the treaty I shall be voting no.

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Google 'hope that California voters will vote no on Proposition 8'

Yes, that's right, that evil company Google are taking a stance on Proposition 8 in California. For those of you who don't know Proposition 8 is the following: "Only marriage between a man and a woman is valid or recognized in California". Basically the proposition is to make In re Marriage Cases (2008) [76 Cal.Rptr.3d 683, 183 P.3d 384] (PDF), which made Gay Marriages legal in California, illegal again. Obviously if I had a vote in California I would be voting no, but as I live in Ireland I don't. It is heartening though to see a big corporation, like Google, taking a stance on it.

What I wonder is will this backlash on Google or will it further cement their position? Only time will tell.


Official Google Blog - Our position on California's No on 8 campaign

A possible solution?

Again and again Lisbon raises it head. I was at an FG Branch meeting last week when an idea for a solution to Lisbon was aired. Split in three was the suggestion. The three sections would be:

1. The institutional reform part of the treaty

2. The Charter for Fundamental Rights

3. The Common Foreign and Security Policy

Now that should make things a bit easier and you split the argument in 3 and means those who know the EU needs reforming but who have doubts on CFSP and on the Charter can vote no to them. The UK and Poland have secured opt-outs on the Charter and Denmark has long held opt-outs (from Amsterdam or Maastricht) on CFSP.

Of course I would vote Yes to all 3 and would be encouraging people to vote YES-YES-YES.

Decisions are going to have to be made soon and if the Government put the same question again, I wont be supporting it.


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Lisbon Round II? No Thanks!

"no alternative to a new referendum"

From todays Indo

TAOISEACH Brian Cowen has been given a year by his European counterparts to push through a second referendum on the Lisbon Treaty, the Irish Independent has learned.

EU leaders yesterday firmly ruled out a renegotiation of the treaty as a way to resolve the crisis caused by Ireland's 'No' vote last week.

Government sources said it was also made clear that there was no alternative to a new referendum.

I am very annoyed!!! 55% of people eligible to vote turned up to vote on June 12th and the majority said "NO".

Though I was supporting a "Yes" vote during the campaign, if EU leaders are adamant that we vote on this treaty without changes then I will vote NO on the second go round.

I want a Europe that is democratic and transparent. This is not how we get it! Ignoring the democratic will of the Irish people will not endear Europe to us.

When France and the Netherland voted "NO" there voices were respected. Why aren't ours?

Some during the referendum claimed a "No" vote would lead to a two tier Europe. What the vote has shown is that there IS a two tier Europe, One Europe of core founding and large states and one of late comers on the periphry.

This is not a fair Europe.

This outcome has actually led me to become quite Eurosceptic which is strange considering I do support a united Europe....

Time to go rethink where I stand....

Orginally Posted on The Political Gay over on GayCork.com

Lisbon Round II? No Thanks!

I am getting very annoyed with certain leaders and pro-europeans on the European continent. Granted I was disappointed with the No vote but then again, I'm not surprised. It was very hard to sell and explain! And I had read the feckin thing! I still think that the EU needs reforming. Nice is not very satisfactory for me and we need reform, but not Lisbon. Its back to the drawing bored.

Certain EU leaders (Both Government and Opposition) seam to think its all right to ask us to vote again. I say NO! We had 55% turnout which is above average, we the people have spoken. The project must find another way to move forward.

If the government bows to pressure from France, Germany, Italy and others, I will not campaign for a Yes Vote, I infact will vote NO. If the EU is to be democratic then it should respect democratic outcomes.

People who read this blog know I am very pro-EU, infact nearly a Euro-federalist, but at the same time I respect the vote of the people. We in Ireland were in a unique position to vote on this treaty and we were not voting on it for 500 million other people, we were voting to change a document that says how Ireland is governed, Bunreacht na hEireann which only affects 4 million or so people. I am still annoyed with this arguement.

I have a big issue which the claims of some members of the No side. Sinn Fein did not win this for them In fact most people I talked to were ignoring SF. The people that won it were Libertas on the right and Coir (not sure where they are) and the sociailists and anarchists (People's movement) on the left who ran a very good campaign and were out in Cork City every weekend trying to convince people while the Yes crowd were no were to be seen.

Anyway I think I've made my point and my dinner is burning!

Voting No? Then we could lose our commissioner next year!

Yes, thats right! Libertas is telling lies! According to Fine Gael TD Leo Varadkar

Under Lisbon, the European Commission will be reduced in size to 18 Commissioners from 2014 and all countries will rotate on and off the commission in strict equality. In short, each country will nominate a Commissioner for ten years out of every 15. In fact, there is even a clause in the Lisbon Treaty that would allow for all countries to continue to have a Commissioner indefinitely, should all countries want that to happen.

"However, if the Referendum is lost, the compromise agreed at Lisbon falls and the provisions of the Nice Treaty will apply. Under Nice, the Commission will be reduced to 26 or fewer members from the middle of next year

So how EU members states are there? 27. How many commissioners? 26. Chances are if we vote know, we will lose.

People forget that this was an issue under the Nice Treaty. We already accepted the fact that we will not always have a commissioner. Lisbon sets it out on a more equal basis!

Vote YES to retain our commissioner! (For another bit!)

Full Press Release

The "No Argument" I hate the most

Someone left a comment on "What Better Deal?", since deleted, using the argument I hate the most. The Argument in question is, that other countries are being denied the vote. That is only true in one country in my opinion and that is the United Kingdom where the Labour Government promised a referendum, but did not deliver. In every other country this is not the case. In fact national referendums are illegal in Germany so the argument goes no where. We have to hold a referendum due to the Crotty Case and the fact that membership is in our constitution. The argument goes nowhere and should not be entertained and personally I am fed up with it.

Of course the same commentator went on a about a "Christian Europe". Of course commenting on someone commenting on a Non-Christians claiming this is not going to win me over!

A short rant, but its my day off and don't want to harp on all day

What Better Deal?

This originally appear on the The Political Gay on GayCork.com

Sinn Fein's main message at this point in the Referendum campaign is to Vote No to get a "Better Deal". But what is this "Better Deal". According to a Sinn Fein Ad in today's Indo it is to:

* Secure a permanent Irish Commissioner
* Copper fasten key strategic veto's on public services, taxation and international trade
* Stop Irish rates of pay and conditions being undercut
* Protect neutrality and oppose the imposition if increased military spending
* Stop using taxpayers' money to fund nuclear power
* Main the absolute right of Irish citizens to have the final say in any significant changes to EU treaties
So SF give 6 things and none of them can be done. People forget that this is Plan B. Plan A was the European Constitution. There is no "Better Deal"! But lets look at what SF are looking for?

1. Secure a permanent Irish Commissioner
We voted to get rid of this under the Nice Treaty. This is not an issue with Lisbon, we as voters have already accepted this.

2. Copper fasten key strategic veto's on public services, taxation and international trade
The veto is retained on the second two and the first does not come under a competence of the EU, so a non-isue with this treaty.

3. Stop Irish rates of pay and conditions being undercut
This arrives from an EU Directive already in place about foreign Sub Contractors. Our Government has already agreed to this and is due to be implemented soon here. Voting No to Lisbon will not change this.

4. Protect neutrality and oppose the imposition if increased military spending
We ain't Neutral, we are non-aligned. No Neutral country would allow another have a veto over its use of military (Five countries have this power over Ireland). Also Neutral states, proper ones like Sweden and Switzerland, have large well equipped armies capable of defending the state. Our Defence Force does need investment! I dealt with the question of Irish Neutrality here

5. Stop using taxpayers' money to fund nuclear power
Good old EURATOM makes an appearance at number 5. We signed up to this, again we cant change it!

6. Main the absolute right of Irish citizens to have the final say in any significant changes to EU treaties
We will have this right whether we Vote Yes or No. As all states will have to ratify future treaty changes in accordance to national procedures. In our case a referendum!

As you can see all 6 are either impossible to achieve or already there. So what is the "Better Deal"? The Lisbon Treaty


Vote Yes on June 12th

Back on the Canvass

This was originally posted on The Political Gay on GayCork.com

Yes, I know I'm barely back a week and I am out canvassing. Nothing new there really.

I spent Friday evening and Saturday morning canvassing Mahon Point Shopping Centre, we then moved onto the City Centre for part of the afternoon (before the Match of course).

This is the first time I am canvassing (or even voting) in a constitutional referendum so it's all new and interesting for me.

So the reaction. On Friday the reaction to us (campaigning for a Yes Vote, juts in case you are unsure) was fairly balanced Yes/No wise, with the Yes being slightly ahead.

Saturday was quieter on reaction from both sides but most people seamed happy to take a leaflet on the Treaty.

What annoyed me was people who said they didn't know anything about the treaty yet refused to take some literature to actually read up about it.

What I don't get, is people who disagree with you who decide to rip up the leaflet in front of you. Its so heart breaking.... NOT. Get a life like, give it back if you don't want it, save the environment and all that!

The funniest thing that happened to me (Strange things always happen to me canvassing!) was that a woman passed me and then came back ( I didn't hand her a leaflet or attempt as I had been dealing with someone else) and told me I would regret supporting the treaty as under the Treaty of ROME, not Lisbon, that the EU would take over our land, I would be conscripted into an EU Army (I won't, I've done my service, if it was being brought in, which it is) and that the EU is being run by the Freemasons. I was like "huh?", No, I've read the Treaty's (Rome, Nice and Lisbon) and that does not come under them, as Rome was an economic treaty.

Another elderly gentleman gave out to me as the Treaty does not mention God. Why should it? It's an intergovernmental treaty!! Then he mentioned abortion, which is covered by a declaration under the Maastricht (or was it Amsterdam) Treaty, and the EU will not be telling us what to do on it!

Neutrality also came up on the canvass, a young man asked be it as a "straightforward Question" to which he wanted a "straightforward answer", he did ask in a nice way. I of course set the record straight for him. The triple lock will still be in place when the treaty passes (or fails). Also the Seville Declaration attached to the Nice Treaty safeguards our right not to take part in a common defence pact.

Right that's all for now. I am attending a Rally on the Lisbon Treaty on Thursday at 8pm in the Imperial Hotel and I will post my reaction to that also

Europe: Let's Be At The Heart Of It

Well the Senior Fine Gael Party have a better slogan the YFG any way, so that has restored my belief in the party! Enda Kenny gave the following speech at the launch.

At the outset, I would like to say that I regard the forthcoming referendum as being of enormous importance for Ireland's future.

I am voting YES and asking Fine Gael supporters to do likewise because I firmly believe that Ireland's future success and prosperity depends on us remaining at the heart of an efficient, effective and democratic European Union.

I very much welcome the fact that we are holding a referendum on the Lisbon Treaty as it provides us with the opportunity to have a real debate about our place in Europe.

That's why this debate is fundamentally about our attitude to Europe. Do we want to be at the heart of it; or do we want to be isolated and irrelevant?

The Referendum is very important for the future of both Ireland and the European Union and I hope that we take it seriously and that the debate over the next 6 weeks is a comprehensive and honest one in which the maximum number of people are engaged.

It would be very easy for me, as Leader of Fine Gael, to sit back and allow this referendum to be dominated by domestic political issues. For example, many people are unhappy about the dramatic slowdown in the economy, the continuing crisis in the health service and the rise in violent crime and want to use the referendum to punish the Government. I am not prepared to allow that to happen. As in all previous European treaty referendums, my Party has campaigned vigorously for a 'Yes' vote. This we have done both in government and opposition as we regard EU membership as a cornerstone of Ireland's success.

That is why I am asking Fine Gael supporters in particular, and others who are unhappy with the performance of the Government, to hold their fire until next year's Local and European elections. I will put the national interest first and actively support the passing of the Lisbon Reform Treaty.

In fact, our campaign started some time ago and we are now well into our programme of over 30 public meetings throughout the country. What I have detected so far is that, while people are generally positively disposed towards Europe, there is much confusion about the Lisbon Treaty itself, and its implications. It is our responsibility and politicians to fill this information gap and I genuinely believe that Fine Gael's public meetings and the other elements of our campaign are helping this process.

Essentially, this Treaty's purpose is to reform the institutions and decision-making processes of the Union to cater for a population of 500 million in 27 member states and to prepare Europe for the many challenges it faces. These include the growing economic power of nations like China, Russia and India. Other global challenges like climate change, hunger and disease epidemics require Europe to speak with a coherent voice if our continent is to be effective in contributing to solutions to these problems.

I firmly believe that EU membership have been pivotal to Ireland's success story. It has ended our economic dependence on Britain and opened up new and fruitful markets for Irish products. When we couldn't afford to invest in our infrastructure, it was our European partners who stepped in. If they hadn't, the economic progress of the past 15 years would not have been possible.

It is beyond doubt that the significant inward investment the country has enjoyed has been stimulated by our place in Europe, Ireland being the only native English speaking country in the Eurozone.

At this time of economic uncertainty in Ireland, with growth forecasts falling, unemployment rapidly rising, tax revenues much lower that forecast, and a record budget deficit in prospect, it is more important than ever that Ireland strengthens its place in the European Union.

As the only country holding a referendum on the Lisbon Reform Treaty, we have a unique opportunity to reaffirm our commitment to the European process and to strengthen our place at the heart of the Union. A strong "Yes" vote will send a powerful message internationally that Ireland continues to be a central member of the evolving European process and that we are committed to the reforms necessary to equip the EU to meet the economic and political challenges it faces.

Apart from the indisputable economic benefits, we should also recognise that Europe continues to benefit Irish people in a wide range of areas. The fact is that most of our laws in the areas of the environmental protection, equality, employment protection, and consumer rights originated in European Union directives and regulation.

The questions we must ask ourselves when considering the Reform Treaty are:

- Do we believe that Ireland's future best interests lie in being part of a more effective and democratic, and less bureaucratic Europe?
- Do we recognise that a coherent European voice on the world stage will be a force for good?

I believe that most Irish people will answer 'Yes' to these questions and that is what this Treaty will achieve. It will reform the EU institutions to make them more effective and accountable and less bureaucratic. It will strengthen Europe's capacity to address global problems like poverty, aids and climate change. Critically, will also enshrine the fundamental rights of all European citizens in law.

The fact that Ireland is the only member state holding a referendum is both a privilege and a huge responsibility. We have a special responsibility to ensure that the debate over the coming months is an honest and rational one, based on the facts rather than on the many false and spurious arguments that have been promoted by anti-European groups in recent months.

Among the more bizarre claims I have come across include allegations that the Treaty will lead to the creation of a European army to which our young people will be conscripted; that the Treaty will pave the way for the legalisation of abortion; that the Treaty will threaten Ireland's corporate tax rate even though is clearly the fact that tax policy can only change with the unanimous agreement of all member state governments.

Possibly the most ridiculous claim I have heard so far is that the treaty will impose a limit on the size of Irish families, and I believe that a leaflet containing this nonsense has been circulated in Cork!

The truth is that these issues have nothing to do with the Treaty and it's time that those who are making these false claims admitted this.

One of the reasons why these false arguments have been spread has been the Government's prolonged dithering about the timing of the referendum and the delay in setting up Referendum Commission. This vacuum has been filled by misinformation and confusion as evidenced by the results of the recent opinion polls and surveys. These findings are a wake-up call that must be answered resoundingly. The incoming Taoiseach must take charge of and activate a Government campaign in support of the Treaty and I call on him to make this is immediate first priority.

I fully respect the right of people to oppose the treaty but I call on them to focus their arguments on the actual treaty provisions rather than on unrelated issues.

Such a debate must be aimed at ensuring that the Irish people are equipped with the true facts when they go to vote rather than adding to peoples' confusion by the spreading of misinformation.

I am confident that such a debate will result in the Irish people opting for solidarity and a future role of influence rather than isolation.

"Dithering" seams to have entered the political lexicon from the UK where Gordon Brown and his cabinet are regularly accused by the Conservatives for 'Dithering' on various issues. Nice to see Enda learning from fellow conservatives.

YFG Posters to "Excite Electorate on Lisbon Treaty"

So remember the competition that I mentioned John over at Semper Idem blogged about? Well we have the results of it.




And the press release accompanying them claims the following

YFG President, Barry Walsh said: “Young Fine Gael does not propose the young people of Ireland support this Treaty purely on the basis of past economic and social benefits to Ireland. Rather, we believe it should be supported because of the real potential it offers to further improve the prospects of the young people of Ireland and Europe. The benefits to young people are clear.

My Opinion?
I dont like them! I prefer the posters we had for Nice, they were more sutle and interesting and werent so blatant! I know this was a open competition but come on people get your mind out of the gutters!

Some other reactions to the poster campaigns.

Green Ink has a fantastic pic over on IrishElection. Damien Mulley has a few interesting links on other peoples opinions and rejigs on it!

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Links:
Young Fine Gael Aim to Excite Electorate on Lisbon Treaty - YFG PR

Public Information About the Proposal to Amend Article 29 of the Constitution

This motion is being layed before the House today persuant to section 23
of the Referendum Act 1994. It is as follows

The Twenty-eighth Amendment of the Constitution Bill 2008 proposes-

(a) to insert the following subsections after subsection 10º of section 4 of Article 29 of the Constitution:

'10° 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, and may be a member of the European Union established by virtue of that Treaty.

11° No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by the obligations of membership of the European Union referred to in subsection 10° of this section, or prevents laws enacted, acts done or measures adopted by the said European Union or by institutions thereof, or by bodies competent under the treaties referred to in
this section, from having the force of law in the State.

12° The State may exercise the options or discretions provided by or under Articles 1.22, 2.64, 2.65, 2.66, 2.67, 2.68 and 2.278 of the Treaty referred to in subsection 10° of this section and Articles 1.18 and 1.20 of Protocol No. 1 annexed to that Treaty, but any such exercise shall be subject to the prior approval of both Houses
of the Oireachtas.

13° The State may exercise the option to secure that the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union (formerly known as the Treaty establishing the European Community) 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.

14° The State may agree to the decisions, regulations or other acts under—

• i Article 1.34(b)(iv),



• ii Article 1.56 (in so far as it relates to Article 48.7 of the Treaty referred to in subsection 4° of this section),



• iii Article 2.66 (in so far as it relates to the second subparagraph of Article 65.3 of the Treaty on the Functioning of the European Union),



• iv Article 2.67 (in so far as it relates to subparagraph (d) of Article 69A.2, the third subparagraph of Article 69B.1 and paragraphs 1 and 4 of Article 69E of the Treaty on the Functioning of the European Union),



• v Article 2.144(a),



• vi Article 2.261 (in so far as it relates to the second subparagraph of Article 270a.2 of the Treaty on the Functioning of the European Union), and



• vii Article 2.278 (in so far as it relates to Article 280H of the Treaty on the Functioning of the European Union),

of the Treaty referred to in subsection 10° of this section, and may also agree to the decision under the second sentence of the second subparagraph of Article 137.2 of the Treaty on the Functioning of the European Union (as amended by Article 2.116(a) of the Treaty 1referred to in the said subsection 10°), but the agreement to any such decision, regulation or act shall be subject to the prior approval of both Houses of the Oireachtas.

15° The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to—

• i Article 1.2 of the Treaty referred to in subsection 7° of this section, or



• ii Article 1.49 of the Treaty referred to in subsection 10° of this section,

where that common defence would include the State.

(b) to delete the following subsection from section 4 of Article 29 of the Constitution:

'11º The State may ratify the Agreement relating to Community Patents drawn up between the Member States of the Communities and done at Luxembourg on the 15th day of December, 1989.'.

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

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

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

The Irish Version:

1. Is é atá beartaithe leis an mBille um an Ochtú Leasú is Fiche ar an mBunreacht 2008-

(a) na fo-ailt seo a leanas a chur isteach i ndiaidh fho-alt 10º d’alt 4 d’Airteagal 29 den Bhunreacht:

'10° Tig leis an Stát Conradh Liospóin ag leasú an Chonartha ar an Aontas Eorpach agus an Chonartha ag bunú an Chomhphobail Eorpaigh, arna shíniú i Liospóin an 13ú lá de Nollaig 2007, a dhaingniú agus tig leis a bheith ina chomhalta den Aontas
Eorpach a bhunaítear de bhua an Chonartha sin.

11° Ní dhéanann aon fhoráil atá sa Bhunreacht seo dlíthe a d’achtaigh, gníomhartha a rinne nó bearta a ghlac an Stát, de bhíthin riachtanais na noibleagáidí mar chomhalta den Aontas Eorpach dá dtagraítear i bhfoalt 10° den alt seo, a chur ó bhail dlí ná cosc a chur le dlíthe a d’achtaigh, gníomhartha a rinne nó bearta a ghlac an tAontas Eorpach sin nó institiúidí de, nó comhlachtaí atá inniúil faoi na conarthaí dá dtagraítear san alt seo, ó fheidhm dlí a bheith acu sa Stát.

12° Tig leis an Stát na roghnuithe nó na roghanna a fheidhmiú a shocraítear le hAirteagail 1.22, 2.64, 2.65, 2.66, 2.67, 2.68 agus 2.278 den Chonradh dá dtagraítear i bhfo-alt 10° den alt seo agus le hAirteagail 1.18 agus 1.20 de Phrótacal Uimh. 1 atá i gceangal leis an gConradh sin, nó a shocraítear faoi na hAirteagail sin, ach beidh aon fheidhmiú den sórt sin faoi réir ceadú a fháil roimh ré ó dhá Theach an Oireachtais.

13° Tig leis an Stát an roghnú a fheidhmiú chun a áirithiú, i ndáil leis an bPrótacal maidir le seasamh na Ríochta Aontaithe agus na hÉireann i dtaca leis an limistéar saoirse, slándála agus ceartais atá i gceangal leis an gConradh ar Aontas Eorpach agus leis an gConradh ar Fheidhmiú an Aontais Eorpaigh (ar a dtugtaí an Conradh ag bunú an Chomhphobail Eorpaigh tráth), go scoirfidh sé, go hiomlán nó go páirteach, d’fheidhm a bheith aige maidir leis an Stát, ach beidh aon fheidhmiú den sórt sin faoi réir ceadú a fháil roimh ré ó dhá Theach an Oireachtais.

14° Tig leis an Stát aontú leis na cinntí, leis na rialacháin nó leis na
gníomhartha eile arna ndéanamh-

• i faoi Airteagal 1.34(b)(iv),



• ii faoi Airteagal 1.56 (a mhéid a bhaineann sé le hAirteagal 48.7 den Chonradh dá dtagraítear i bhfo-alt 4° den alt seo),



• iii faoi Airteagal 2.66 (a mhéid a bhaineann sé leis an dara fomhír d’Airteagal 65.3 den Chonradh ar Fheidhmiú an Aontais Eorpaigh),



• iv faoi Airteagal 2.67 (a mhéid a bhaineann sé le fomhír (d) d’Airteagal 69A.2, leis an tríú fomhír d’Airteagal 69B.1 agus le míreanna 1 agus 4 d’Airteagal 69E den Chonradh ar Fheidhmiú an Aontais Eorpaigh),



• v faoi Airteagal 2.144(a),



• vi faoi Airteagal 2.261 (a mhéid a bhaineann sé leis an dara fomhír d’Airteagal 270a.2 den Chonradh ar Fheidhmiú an Aontais Eorpaigh), agus



• vii faoi Airteagal 2.278 (a mhéid a bhaineann sé le hAirteagal 280H den Chonradh ar Fheidhmiú an Aontais Eorpaigh),

den Chonradh dá dtagraítear i bhfo-alt 10° den alt seo, agus tig leis freisin aontú leis an gcinneadh faoin dara habairt den dara fomhír d’Airteagal 137.2 den Chonradh ar Fheidhmiú an Aontais Eorpaigh (arna leasú le hAirteagal 2.116(a) den Chonradh dá dtagraítear san fho-alt 10° sin), ach beidh aontú le haon chinneadh, rialachán nó gníomh den sórt sin faoi réir ceadú a fháil roimh ré ó dhá Theach an Oireachtais.

15° Ní ghlacfaidh an Stát cinneadh arna dhéanamh ag an gComhairle Eorpach chun comhchosaint a bhunú-

• i de bhun Airteagal 1.2 den Chonradh dá dtagraítear i bhfoalt 7° den alt seo, ná
  
  
• ii de bhun Airteagal 1.49 den Chonradh dá dtagraítear i bhfoalt 10° den alt seo,

i gcás ina mbeadh an Stát san áireamh sa chomhchosaint sin.', agus

(b) an fo-alt seo a leanas a scriosadh as alt 4 d’Airteagal 29 den Bhunreacht:

'11º Tig leis an Stát an Comhaontú maidir le Paitinní Comhphobail a tarraingíodh suas idir Ballstáit na gComhphobal agus a rinneadh i Lucsamburg ar an 15ú lá de Nollaig,1989, a dhaingniú.'.

2. MÁ THOILÍONN TÚ leis an togra, cuir X os coinne an fhocail TÁ ar an bpáipéar ballóide.

3. MURA dTOILÍONN TÚ leis an togra, cuir X os coinne an fhocail NÍL ar an bpáipéar ballóide.

4. Is féidir cóip den Bhille a iniúchadh nó a fháil saor in aisce in aon Phost-Oifig.

------
Source:
RIAR NA hOIBRE - ORDER PAPER, Déardaoin, 3 Aibreán, 2008 - Thursday, 3rd April, 2008

So what will we be voting on come June?

Yesterday the Dáil started debating the Twenty-eighth Amendment of the Constitution Bill 2008, but what will this actually do in terms of our constitution I hope to show changes on an articles by article basis.

The Bill concerns Article 29 of the Constitution. It starts off by deleting Article 29.4.9 which states

9° The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to Article 1.2 of the Treaty referred to in subsection 7° of this section where that common defence would include the State.

It also deletes Article 29.4.11

11° The State may ratify the Agreement relating to Community Patents drawn up between the Member States of the Communities and done at Luxembourg on the 15th day of December, 1989.

These take out artilcles that refer to decisons as the Lisbon Treaty amends the previous treaty so rewording is needed.

Article 29.4.10 becomes Article 29.4.9.

New Article 29.4.10

10° 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, and may be a member of the European Union established by virtue of that Treaty.

This article basicly allows the state to ratify the Lisbon Treaty.

New Article 29.4.11

11° No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by the
obligations of membership of the European Union referred to in subsection 10° of this section, or prevents laws enacted, acts done or measures adopted by the said European Union or by institutions thereof, or by bodies competent under the treaties referred to in this section, from having the force of law in the State.

This article gives constitutional backing to the Supremcy of EU law which has been laid down by the European Court of Justice in the case Flaminio Costa v. ENEL [1964]. This is what we signed up to in 1973, so is no surprise that it is being given constitutional backing.

New Article 29.4.12

12° The State may exercise the options or discretions provided by or under Articles 1.22, 2.64, 2.65, 2.66, 2.67, 2.68 and 2.278 of the Treaty referred to in subsection 10° of this section and Articles 1.18 and 1.20 of Protocol No. 1 annexed to that Treaty, but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.

Article 1.22 of the treaty provides for Enhanced Cooperation among groups of Member States.
Article 2.64 deals with a myriad of issues mainly Security, Discrimination, Enhanced Cooperation and the role of National Parliaments.
Article 2.65 deals Policing, border checks and Asylum.
Article 2.66 deals with Judical Cooperation in Civil Matters.
Article 2.67 deals with Judical Cooperation in Criminal Matters.
Article 2.68 deals with Police Cooperation.
Article 2.278 deals with the specifics of Enhanced Cooperation.
This amendment will basically allow Ireland to participate in schemes in these areas, when it so wishes. Basically an Opt-Out.

New Article 29.4.13

13° The State may exercise the option to secure that the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on the European Union and the Treaty on the Functioning of the European Union (formerly known as the Treaty establishing the European Community) 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.

This is another Opt-out which allows us to opt in when we decide. This Protocol was agreed by the Treaty of Amsterdam.

New Article 29.4.14

14° The State may agree to the decisions, regulations or other acts
under—

• i Article 1.34(b)(iv),


• ii Article 1.56 (in so far as it relates to Article 48.7 of the Treaty referred to in subsection 4° of this section),


• iii Article 2.66 (in so far as it relates to the second subparagraph of Article 65.3 of the Treaty on the Functioning of the European Union),


• iv Article 2.67 (in so far as it relates to subparagraph (d) of Article 69A.2, the third subparagraph of Article 69B.1 and paragraphs 1 and 4 of Article 69E of the Treaty on the Functioning of the European Union),


• v Article 2.144(a),


• vi Article 2.261 (in so far as it relates to the second subparagraph of Article 270a.2 of the Treaty on the Functioning of the European Union), and


• vii Article 2.278 (in so far as it relates to Article 280H of the Treaty on the Functioning of the European Union),

of the Treaty referred to in subsection 10° of this section, and may also agree to the decision under the second sentence of the second subparagraph of Article 137.2 of the Treaty on the Functioning of the European Union (as amended by Article 2.116(a) of the Treaty 1referred to in the said subsection 10°), but the agreement to any such decision, regulation or act shall be subject to the prior approval of both Houses of the Oireachtas.

More optouts this time the articles are as follows:
Article 1.34(b)(iv) deals with the European Council should decide that the Council should use Qualified Majority Voting (QMV) in areas not specified by the Treaty. Nice to see that this will be sunject to Oireachtas Approval.
Article 1.56 deals with further revisions to the Treatys. Note this treaty is not self amending! "That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements." -Article 1.56.6
Articles 2.66 and 2.67 I have already mentioned and is about Judical Cooperation.
Article 2.144(a) changing the Legislative procedure to "ordinary legislative procedure" by decesion of the European Council.
Article 2.261 refers to changing the budget to QMV.
Article 2.278 again deals with enhanced coperation.
Article 2.116(a) deals with procedures.
This, I think is a good addition to the constitution as it will allow the Both Houses have a say in matters on the running of the EU and future changes to the running of the EU.

New Article 29.4.15

15° The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to—

• i Article 1.2 of the Treaty referred to in subsection 7° of this section, or


• ii Article 1.49 of the Treaty referred to in subsection 10° of this section,

where that common defence would include the State.

This is an updating of the old Article 29.4.9 due to the Article in the treaty being changed and mentioned in two treaties now (Nice and Lisbon). This article will ensure that Ireland will not take part in an 'European Army' or anything else the no camp would like to say.

Overall I think this is a good amendment to the Constitution. It will give the oireachtas some say in when Ireland will opt in to decisions. It keeps us out of a Common Defence Pact. It clears up the ambiguity of supremecy of EU law by giving it a constitutional backing. Well done to those who drafted the Amendment a good piece of work! Role on the vote!

-----
Sources:
BUNREACHT NA hÉIREANN - CONSTITUTION OF IRELAND, Department of An Taoiseach
Twenty-eighth Amendment of the Constitution Bill 2008 - Oireachtas.ie
Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007 - EUR-LEX
Twenty-eighth Amendment of the Constitution of Ireland - Wikipedia

Lib Dems want Referendum on EU

Okay this is a strange one. From a party thats normally very pro-Europe. The Lib Dems are now calling for a Referendum on British Membership of the EU! I know they wanted a referendum on the constitutional treaty, but not the current reform treaty so where does this come from?

Ming had this to say "It is time to end the shadow boxing on Europe and to have an honest debate on the future of Europe."

Now for me, a party that's pro-europe holding a referendum on British membership of the EU is a bit iffy as they leave themsleves wide open to loosing pro-europe support (the majority of their voters IMO) So they might gain from the Tories on this issue but they cant beat a Euro-sceptic party on this.

The Lib Dem Conference starts this weekend in Brighton. Will post any interesting speeches.

Source: The Guardian

28th Amendemnt of the Constitution (Childrens Rights Amendment)

Well i eventually found the wording of the amendment and here it is from the DOHC website

PART 2
CHILDREN

Article 42(A)

1. The State acknowledges and affirms the natural and imprescriptible rights of all children.

2.

-In exceptional cases, where the parents of any child for physical or moral reasons fail in their duty towards such child, the State as guardian of the common good, by appropriate means shall endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.
-Provision may be made by law for the adoption of a child where the parents have failed for such a period of time as may be prescribed by law in their duty towards the child, and where the best interests of the child so require.

3. Provision may be made by law for the voluntary placement for adoption and the adoption of any child.

4. Provision may be made by law that in proceedings before any court concerning the adoption, guardianship or custody of, or access to, any child, the court shall endeavour to secure the best interests of the child.

5.

-Provision may be made by law for the collection and exchange of information relating to the endangerment, sexual exploitation or sexual abuse, or risk thereof, of children, or other persons of such a class or classes as may be prescribed by law.
-No provision in this Constitution invalidates any law providing for offences of absolute or strict liability committed against or in connection with a child under 18 years of age.
-The provisions of this section of this Article do not, in any way, limit the powers of the Oireachtas to provide by law for other offences of absolute or strict liability.

I'm a bit worried about the wording of section 2 as it uses the words 'moral reasons'. I dont like that.

Morning Briefing, 16th January

Earliest Morning Briefing yet, Thinking of shortening it down to MB but i might be infringing on trademarks :P

An nuacht ar an maidin seo!

Feic ar mo dheireadh post le nuacht agus na bhuaiteora ag an Golden Globes areir!

(Wow look at my Irish!! Tell me if im wrong please

Looks like we'll be a having a referendum in March (BreakingNews) I could have sworn someone had said no referendum before the election! eh typical government!

Castro could be on is way out (BreakingNews) 3 failed operations and an intenstinal infection ouch!

Bird Flu has hit Japan (BBC) That aint good! Will it be our version of the Spanish Flu?

Criticism has been growing over more executions in Iraq (BBC). Well im against Capital Punishment anyway so y'all know where i stand on this!

New plans for the Greencore site in Mallow (RTÉ) Should be an interesting development and a great boost for the town!

Won't Some one please think of the Children!!!

Via BreakingNews.ie

Children’s helpline ‘struggled to cope’ with Christmas calls

The ISPCC says it struggled to cope with hundreds of calls it received from distressed children this Christmas.

The help-line handled nearly 700 calls from children seeking help on Christmas Day.

Most of the children had been left alone at Christmas, or were upset by alcohol abuse in their home.

The thirty volunteers who manned the line say many children were unable to get through because the lines were busy.

I think it is important that we think f the most vulnerable in today's society and they need more protection. Come on Bertie wheres that referendum!