Time for a reality check
I am continuing on the canvass trail as Labour seeks a Yes vote in Thursday’s referendum on the Lisbon Treaty. While many people I am meeting have views contrary to my own and my party’s, I’ve still found a majority that are in favour of the Treaty and look forward to a positive result.
However, I have still found that some of the fears peddled by the No campaigners have many ordinary voters confused about what is and is not in the Treaty. In order to make an informed decision, I feel it necessary to clear up what exactly are the facts.
The Treaty will lead to a Superstate
The opposite is the case. The Treaty explicitly states that the EU is given its power by the member states, and it can only operate in traditional areas (such as defence) by unanimity.
EU Law will be superior to Irish Law
This has actually been the case since we joined the EEC - but only with regard to matters upon which we have agreed to pool our sovereignty. The EU could not operate if this were not the case.
It will lead to privatisation of Health and Education
Nowhere in the Treaty is privatisation mentioned. In fact, the EU has no position on privatisation. Nothing changes with the Lisbon Treaty.
It will lead to taxes from Brussels
There is no change in Ireland’s taxation laws and any changes at EU level will require unanimity. The EU may try to negotiate a consolidated tax base but Ireland can have the option to opt out.
We will lose a Commissioner
We will lose a Commissioner for five out of every 15 years and this applies to all 27 countries equally. There are simply not enough positions to warrant 27 Commissioners and each commissioner is bound to represent the EU, rahter than their home State.
Our neutrality will be gone
There is no change in this aspect. Ireland has a triple lock in respect of getting involved militarily - it must be agreed by the government, by the Oireachtas, and must also have a UN mandate. The lack of a UN mandate meant that Ireland did not get involved in peacekeeping in FYR Macedonia. The UN supports our mission in Chad, which is specifically to protect refugees.
It’s too complex
There is no doubt that the Treaty is complex. But it needs to be in order to protect it from constant legal challenges. It is similar to complex legal documents, banking documents and everyday bills in the Oireachtas. We must rely on the summaries we are offered. The consolidated version of the Treaties by the IIEA is a relatively easy way of reading the Treaty, and failing this the Referendum Commission is an impartial organisation that seeks to inform.
The Treaty can be renegotiated
The negotiations around the Lisbon Treaty have been ongoing for eight years. There is no doubt that if we vote against the Treaty, Ireland will not get a better deal and our hand will be dealt a severe blow.
The Treaty will bring in abortion
Not true. Our abortion laws remain unchanged under Lisbon.
This is the same as the Constitution
Much of the Treaty is the same as the EU Constitution, but with some contentious aspects removed such as a common flag, common anthem, etc. Although the Constitution was voted down in France and the Netherlands, many seem to forget that it was favoured by the people of Spain and Luxembourg.
I hope this clears up a lot of the fears that have been raised by the No campaigners. For more on this, the Labour Party have a ‘Reality Check’ section of their website. It is extremely important that everyone knows exactly what is in this Treaty, and what the facts are.
Although there is nothing blatantly offensive within the wording of this Treaty Alex, Article 48, the “self amendment clause” does leave open the possibility that the voters and citizens of Europe can be left out of the loop.
Additionally, Articles 16 and 188 allow for future abuses within the health, social services, and education systems as they are placed in a “trade” category and could be subject to privitisation despite your protestations.
These are deficiencies within the Treaty that are not acceptable as it now stands. If we are to err, then we should err on the side of caution, a NO vote at this time is the best option.
I’m afraid I have to disagree with you, Caoimhín. Firstly, Article 48 states “The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.” The nature of our constitution means that any amendments must go to a referendum, and this remains unchanged under the Lisbon Treaty.
Secondly, I must reiterate that the EU has no stance on privatisation. To this day the EU has state aid rules that protect consumers and competitors. This remains unchanged under Lisbon.
There is no reason to be fearful of the Lisbon Treaty. A Yes vote is best for the country and the EU.
Thanks for your comment.
As I understand it Alex, the one and only reason we are having a referendum this time is because it will change our Constitution. Once the Constitution is changed in this manner there will be no further need for Irish referendums pertaining to EU legislation. Any additional consent to EU directions can then be dealt with by whichever Irish political party happens to be in government at the time. We, the people, only get a chance to vote by referendum for changes to the Constitution.
This is too big a risk to take.
Cheers!
Alex, even IBEC are excited about the opportunities opening up for business in the areas of health and education.
As they said themselves:
“The Lisbon Reform Treaty creates the legal basis for the liberalisation of services of general economic interest. A yes vote for the Lisbon Treaty creates the potential for increased opportunities for Irish business particularly in areas subject to increasing liberalisation such as Health, Education, Transport, Energy and the Environment.”
You simply cannot deny that this is the case. The Treaty specifically states (Protocol 6) “The internal market as set out in article (1-3)…includes a system ensuring that competition is not distorted.”
For those in favour of competition, public services run by the state are a distortion.
And if there is no reason to be fearful of the Lisbon Treaty then why would Valery Giscard d’Estaing say something like this?
“Public opinion will be led to adopt, without knowing it, the proposals that we dare not present to them directly . . . All the earlier proposals will be in the new text but will be hidden and disguised in some way.”
Marcas,
I respectfully disagree with you and you essentially provide the answers to your concerns in your question. You quote Protocol 6 which states that competition is not distorted - the EU have always had a position on competition, and Lisbon does not change this. Nowhere in this Treaty is privatisation mentioned.
The EU have ruled on big companies such as Microsoft in the past but in relation to our own country, it has been the decision of the government to privatise companies such as Aer Lingus.
In relation to Ibec, Brendan Butler has stated that:
“Public services of general interest such as education and health remain the primary responsibility of national governments. This is clearly set out in the treaty.” - May 19th
http://www.ireland.com/newspaper/ireland/2008/0519/1211123049290.html
Thanks for your comment.
Privatisation does not have to be specifically set out in the treaty . Competitiveness is the key word that allows the ECJ to make rulings in favour of business whenever it feels like it. Yes I agree that the EU has always had a neo-liberal economic agenda which is why I’ve voted no on all the previous treaties. (Not Maastricht, wasn’t old enough). IBEC wouldn’t be using this as an argument for a yes vote if they weren’t sure. They’re no chumps. As for the Irish Times, they have been woefully biased in favour of the yes side so I won’t be taking their word on it.
To see where the EU’s priorities lie you only have to look at the Laval judgment.