Our political leaders have failed to uphold allegiance to the Constitution in their ceding of powers to Brussels, writes Dana Rosemary Scallon.
On Friday in Rome the Taoiseach, Bertie Ahern, signed up, with the support of Fine Gael and the Labour Party, to the European Constitution. In doing so the Taoiseach signed up to a treaty which states that: "The (EU) constitution, and law adopted by the union's institutions in exercising competences conferred on it, shall have primacy over the law of the member-states."
At the birth of the present EU constitution at Laaken in, December 2001, I called on Taoiseach Bertie Ahern to "state and uphold Ireland's sovereignty and defend its Constitution above any proposal or discussion leading to or entertaining a European constitution". Regrettably that did not happen.
There has been little or no Dáil or public debate on the EU constitution and the consequences of the Taoiseach's actions. Why then is there such urgency, that he now wants us to ratify this constitution "as quickly as possible". Immediately I think of the proverb "marry in haste - repent at leisure".
The EU constitution has been in the making for some years. However, the EU Charter of Fundamental Rights, the foundation stone of the proposed EU constitution, was adopted by the heads of state in Nice in December 2000, and has remained unchanged ever since. The former Irish attorney general and EU commissioner, Mr David Byrne, predicted that legal problems were inevitable if the text becomes law with judges, who are unaccountable, making decisions on economic rights when expenditure of money may be involved.
Indeed the Taoiseach, Mr Ahern, also publicly stated that he would only accept the charter provided it would never be made legally binding. Nonetheless, in signing up to the European constitution, he now publicly agrees to the legally binding charter.
I believe that our political leaders have failed to uphold allegiance to Ireland's Constitution in their covert ceding of powers to Brussels. For years, in the corridors of power of EU institutions, a political EU with its own government, president and an EU constitution have been openly talked of and promoted.
This constitution turns the EU into a super-state with its own legal personality and an existence separate from, and superior to, member-states. Member-states will become like provinces or regions, with their national democracy, sovereignty and political independence formally ceded to the superior entity.
As Guy Verhofstadt, Belgian prime minister, stated in June 2004: "The EU constitution is the capstone of a European federal state." For us - we will still remain Irish, but without our sovereignty or political independence.
The process of building the European state has taken place by gradual steps, and by stealth.
Each step has been presented to the people as necessary and desirable for economic growth and jobs; but the building of a political Europe has been the aim of a political and bureaucratic elite.
I have no doubt that the loss of primacy of our Constitution could well lead to loss of our neutrality under the "security articles" contained in the EU constitution; EU personal taxation and harmonising of EU taxes; loss of any repatriation of powers from the EU, such as those effecting CAP and the fisheries; undermining the protection for family and life contained in our Constitution and the development of a two-tier Europe.
We need a return of powers from Brussels to sovereign member-states, not a transfer of powers, as this proposed EU constitution does. Europe must be founded on co-operation not domination. Without a strong and independent State no modern democracy can prosper.
The nation state is what binds the people of a country together and our Constitution guarantees our statehood, sovereignty and independence.
We need a Europe of equal nations, not a Europe with a constitution which will take precedence over Ireland's Constitution and our courts. What is at issue is the kind of Europe we are to be part of, because there can be no doubt that economic competitiveness, investment and growth, job creation and sustainable development are all critical issues for our quality of life, as is the protection afforded by Ireland's Constitution which guarantees our social inclusion, protection, our sovereignty and independence.
Jean-Luc Dehaene, the former Belgian prime minister and vice-president of the EU Convention, stated in June 2004: "We know that nine out of 10 people will not have read the (EU) constitution and will vote on the basis of what politicians and journalists say. More than that, if the answer is No, the vote will probably have to be done again, because it absolutely has to be Yes."
Anyone who values our sovereignty and our Constitution must defend those values when they are threatened because citizenship involves duties and obligations as well as rights.
The people of Ireland have not been given the true facts and have not been engaged in a truthful debate on the implications of accepting this EU constitution.
Article 9.2 of our Constitution states: "Fidelity to the nation and loyalty to the State are fundamental political duties of all citizens." We are no less European by preserving those duties and upholding the primacy of Ireland's Constitution.
The people must not be pressured and rushed into ratifying this EU constitution without knowing the full consequences of their actions.
I believe that it is now time for the Taoiseach and other party leaders to give an irrevocable promise and democratic guarantee that if the people of Ireland reject the EU constitution then their decision must be final, and it will not be put to them again.
Dana Rosemary Scallon is the former MEP for Connacht-Ulster