RENEGOTIATION OF the Lisbon Treaty is not going to happen, a Dáil committee was told yesterday.
Margot Wallström, vice-president of the European Commission, said it was unrealistic of Ireland to believe member states would engage in a renegotiation.
"My impression is, that door is closed," she told the Sub-Committee on Ireland's Future in the European Union.
Her words echoed those of Prof Brigid Laffan, of the UCD Dublin European Institute, who told the committee earlier yesterday that no one in Europe wanted to sit and renegotiate with Ireland.
Ms Wallström said member states had invested a lot of energy and political capital into negotiating the treaty and were disappointed when Ireland voted to reject it. "Nobody wants to see Ireland left out in the cold, and I have said publicly that other EU countries should give Ireland the necessary time to decide on the next steps," she said.
Member states, she added, were awaiting Ireland's "road map" on the way forward, which will be presented in December.
On the issue of the need to reduce the numbers of commissioners in the Commission next November, Ms Wallström said that would have to happen under the Nice Treaty. But she hinted at the possibility of the issue being revisited, should the Lisbon Treaty be ratified. She said she believed every member state needed to have a commissioner.
"What you gain in efficiency you lose in legitimacy," she said. "Let's see how this can be resolved in the future." Asked, by Independent Senator Ronan Mullen whether she believed in "competence creep", Ms Wallström said there was always a risk that when a structure like the EU is built, it takes on more power than it should have. But, she said, under the Lisbon Treaty, national parliaments had the power to police that. She said there was no one in the EU who wanted a "super state".
"The idea of a super state is dead," she said.
Committee members asked Ms Wallström about a line in the script she provided them with, but omitted from her speech, that said "the disappointment across the Union could of course turn to frustration if a solution is not found within a reasonable time frame".
Ms Wallström responded that there was an understandable sense of urgency, given that the EU elections were to be held next year, but that it was important that Ireland was not bullied.
"You hold the key to this whole debate," she said.
Prof Laffan told the committee renegotiation of the treaty was "a phantom". "It is a kite that is flying, it is not going to happen at this juncture," she said.
She was presenting a report to the sub-committee on Ireland's future in the EU. The report had been commissioned from the institute by the committee. However, though some elements of the report were presented yesterday, the institute was instructed not to release the whole report to the public until after the sub-committee issues its report, expected at the end of the month.
Prof Laffan said Ireland had been regarded as an example for all small new member states, but was now regarded as a state that had benefited, but whose membership was conditional.
Dr Gavin Barrett, UCD Dublin European Institute, said there was no appetite to revise the treaty. He said inserting protocols on issues sensitive to Ireland might be a possibility, but would have to be ratified in other member states and could lead to difficulties.
He suggested that the Danish-style "Decision", an agreement introduced at the Edinburgh summit in 1993 to allow Denmark to ratify the Maastricht Treaty, might offer solutions. He said a "Decision" would be outside the treaty and would not need to be ratified by other members, but would be legally binding. It could contain clarification on issues of concern to Ireland. It would offer a "belt and braces" solution, he said.
It would be possible as an exercise for the Oireachtas to ratify the Lisbon Treaty in legislation so that President Mary McAleese could refer that to the Supreme Court, Dr Barrett added. The court could then decide what aspects of the treaty needed to be voted on by referendum.
"It is legally possible, but politically, that's a different matter," he said.
