Their final texts have been agreed several months ago, they've been agreed by the European Council (EU heads of state/government) and are going through the remainder of the ratification process, with a view to having them ratified by June 2013, before Croatian accession in July 2013.
More details on this thread:
Two Other European Treaties in 2012
Mark Murray. لن يتم هزم الشعب
Got it, so the view is that they try and avoid a referendum and then the only hope of one will be legal action.
Mark Murray. لن يتم هزم الشعب
Well, are you surprised?
The negotiations for Lisbon went on for years, yet no one bothered with it until after the government had decided their final position and signed off on it and we were faced with a referendum.
Anyone serious about seeking to influence what the government was about to sign up to in Lisbon should have been pushing their arguments before the government adopted a final position for Ireland in the negotiations. And given that there was a general election 6 months before the government finally agreed to Lisbon (in Dec '07), there certainly was a clear cut opportunity for anyone to make an issue of it had they wanted to at the time.
Given that and also that it looks a referendum probably is not required as the current proposed treaty does very little the government's position is perfectly understandable. What doesn't make a lot of sense is the suggestion that we should modify the constitution when no such modification is required...
Why would you assume that there's going to be a court ruling ordering a referendum?
The government has proposed to implement the debt brake provisions of the treaty by statute, rather than by an amendment to the constitution.
The other provisions of the treaty, which subject Ireland to the jurisdiction of an international court which has the power to impose fines, and in which Ireland can be litigated against by other parties to the treaty, are not necessarily going to require a constitutional amendment.
Ireland has been party to the European Convention on Human Rights since the 1950s.
That treaty subjects Ireland to the jurisdiction of an international court which has the power to impose fines, and in which Ireland can be litigated against by other parties to the treaty.
It has already been used to strike down Ireland's laws banning male homosexual sex, against the ruling of the Irish Supreme Court.
Ireland's ratification of the European Convention on Human Rights was done through the Oireachtas and did not require a referendum.
The precedent for Ireland signing up to a treaty with these features, without a referendum, has been set decades ago.
Mark Murray. لن يتم هزم الشعب
John McManus reminds us that the draft is being discussed today, and makes a point or two on the linkage:
The draft, which is to be discussed at today’s meeting of euro zone finance ministers, is reported to contain a provision to the effect that the European Stability Mechanism cannot give loans to any country that has not signed up to a separate deal to impose stronger fiscal controls across Europe.
This agreement is also up for discussion today and the two will presumably go forward to the European leader’s summit set for next Monday.
The ESM, of course, will be the source of funds for any second bailout of Ireland post-2013 should one be required. The linking of the two issues – apparently at German insistence – appears to be a pretty heavy-handed attempt to scare the Irish electorate into voting yes in any referendum on the treaty. It also stymies Ireland’s ability to engage in some horse trading around issues such as the cost of bailing out the Irish banks.