The Government is considering a constitutional amendment to copperfasten an EU declaration that the Nice Treaty does not affect Irish neutrality. Mark Hennessy, Political Reporter, reports from Seville
Under a draft Cabinet memorandum, voters could be asked to enshrine neutrality in the Constitution, or to agree to a number of more limited constitutional options.
The fact that the Government is examining such additional safeguards reflects mounting concern that neutrality could dominate the second referendum on the Nice Treaty, due to take place in October.
The declaration that the Nice Treaty does not affect neutrality should be agreed during today's opening session of the European Council Summit in Seville.
The Cabinet memorandum, which has not yet been finalised, examines a variety of possible referendum formulations and particularly whether more than one question could be put on the ballot paper.
Under one option, the declaration on neutrality could be added as a preamble to the proposed constitutional amendment asking voters whether or not they are prepared to accept the Treaty of Nice.
Officials have also examined whether the Government's so-called "triple lock" could be given a place in the Constitution.
Under the "triple-lock", the Defence Forces could not be committed to an EU military force, unless the Government and the Oireachtas agree, and then only if there has been a prior United Nations mandate.
Additionally, officials have examined whether military neutrality could itself be formally enshrined in the Constitution, although there is particular opposition to this from the Department of Foreign Affairs. Privately, officials insist that the term is too ambiguous and too open to interpretation later by the Supreme Court.
"Just to whom, or what are we militarily neutral?" one source commented.
The team of officials preparing the memorandum has also considered whether Ireland's refusal to enter into mutual defence pacts of any nature could be enshrined in the Constitution.
The referendum was discussed yesterday by the Taoiseach, Mr Ahern, the Minister for Foreign Affairs, Mr Cowen, the Tánaiste, Ms Harney, and the Minister of State for Europe, Mr Dick Roche.
The outcome of the Seville Summit will be debated by the Dáil for 90 minutes next Tuesday, although the Referendum Bill itself will not be ready for publication until Thursday.
Officials from Foreign Affairs and the Department of the Taoiseach have been working over a number of weeks on the memorandum which will guide the Cabinet's final decisions.
The Dáil will resume for the first two weeks of September to debate the Referendum Bill, while Mr Ahern has told Opposition leaders that he aims to hold the referendum in "late October".
The Taoiseach has already shown the Irish declaration, and an accompanying one due to be accepted by all other EU leaders, to the leader of Fine Gael, Mr Enda Kenny, and the leader of the Labour Party, Mr Ruairí Quinn.
During his meeting with Mr Kenny last Thursday week, Mr Ahern indicated that he wanted the Referendum Bill to begin its Dáil passage before the summer recess, although that plan has had to be dropped.
The addition of the declaration as a preamble to the referendum wording is unlikely to ease Labour Party worries about the referendum, which could see it facing attack from both the Greens and Sinn Féin.
The EU leaders are expected to agree a package of measures aimed at reducing illegal immigration into the EU and returning illegal immigrants more quickly to their home countries.
The leaders will also discuss a reform of EU institutions and they are expected to agree that more of their business should be conducted in public.
The two-day summit will begin with a meeting between the 15 EU leaders and Mr Pat Cox, President of the European Parliament.