Update [2008-12-12 10:2:35 by Frank Schnittger]:Cowen confirms new Lisbon referendum after EU deal – The Irish Times – Fri, Dec 12, 2008

Taoiseach Brian Cowen has confirmed he is going to hold a second referendum on the Lisbon treaty after the Government secured the legal guarantees it had requested over ethical issues, taxation, neutrality and the retention of a commissioner.

The deal was finalised at a European summit in Brussels today. However, the Government appears to have dropped its request to secure legally binding guarantees on workers rights in a new protocol that it will now seek to negotiate with its EU partners over coming months.

snip——

Britain had raised an unexpected objection to the nature of some of the legal guarantees being sought by Mr Cowen, particularly to legally binding assurances about workers’ rights.

The issue of workers’ rights is particularly sensitive in Britain, which negotiated its own protocol to the Lisbon treaty to ensure the charter of fundamental rights could not override British domestic law. EU sources said there were concerns that legally binding guarantees offered to Ireland on social rights could cause political problems in Britain.

snip——

The conclusions, which have now been finalised, also outline that that EU leaders have agreed to offer the “necessary legal guarantees on the following three points:

as regards all member states, nothing in the Lisbon treaty makes any change of any kind to the extent or operation of the Union’s competence in relation to taxation;

the Lisbon treaty does not prejudice the security and defence policy of member states, including Ireland’s traditional policy of neutrality, and the obligations of most other member states;

a guarantee that the provisions of the Irish constitution concerning the right to life, education and the family are wholly unaffected by the conferral of legal status on the EU charter of fundamental rights by the Lisbon treaty and by the justice and home affairs provision of the treaty.

So that’s all right then. We just sold out on workers rights (again) at the behest of a British Labour Government. [End Update]

My late wife worked as a social worker for many years where one of the key concepts was that of “the presenting problem”.  Clients would walk into her room referred with an alcohol problem when the real problem which emerged was that they had been sexually abused as a child by a close relative. Women presenting with “nervous” problems or depression were actually still being beaten by their partners.

An Taoiseach, Brian Cowen, has just committed to the European Council to ratify the Lisbon Treaty if Ireland’s “presenting problems” of loss of Commissioner and concerns about neutrality, lack of information, fear of lack of influence, social/ethical issues, threat to worker’s rights, and taxation issues are addressed in a credible manner.

Lisbon deal ‘agreed in principle’ despite objections – The Irish Times – Thu, Dec 11, 2008

However, Mr Brown queried the precise legal status of the guarantees being sought on issues like neutrality, abortion and taxation. He told the meeting of his concerns that the guarantees might lead to the Lisbon Treaty having to be brought back to the House of Commons.

Agreement on the Irish package was postponed so that talks could take place between representatives of the French presidency and the Irish and British Governments could take place.

President Nicolas Sarkozy had expressed the hope that the Irish guarantees could be ratified at the same time as the accession treaty for Croatia but this appeared to cause problems for the British.

Irish Government sources are hoping that agreement can be reached either tonight or tomorrow morning to enable the package to proceed.

Mr Cowen gave his fellow EU leaders a commitment that the Irish Government would ratify the Lisbon Treaty if the political package he was proposing to them in Brussels yesterday was accepted.

But the real problem now is not just the issues which Cowen has presented to the Council.  The real problem is Cowen himself, and by making the passing of a second referendum an issue of confidence in himself and his Government, he is handing the Irish people the only means they have in the short term of getting rid of him and his spectacularly unpopular Government.

Undoubtedly, the Government will take a hammering in the June EP and local Council elections – for which Libertas is reinventing itself as a pan-European party and promising to run candidates in all 27 member states.

The transformation of Libertas is interesting: it is now presenting itself as a pro-EU party criticising the EU only for not being transparent and democratic enough.

Libertas set to contest EU elections next year – The Irish Times – Thu, Dec 11, 2008

Speaking at a press conference in Brussels today, the group’s chairman Declan Ganley said it would field candidates across the European Union in all member states on a “pro-European platform of democracy, accountability and transparency”.

—-snip

“If people want a strong and healthy Europe that is democratic and answerable to them, they should vote for a Libertas candidate,” Mr Ganley told the press conference at the group’s new Brussels headquarters.

—-snip

According to draft conclusions, which EU leaders are expected to sign off on this evening, a second referendum to ratify the treaty will be held before October 31st.

“The Irish Government and the powerful elite in Brussels are showing utter contempt for the democratic decision of the Irish people in rejecting the Lisbon Treaty,” Mr Ganley added.

“Not one sentence will change in a new version. Some non-legally binding texts will be added in an attempt to fool the people. They tried this with the French, they tried with the Dutch, they are trying with the Irish. It’s time to put a stop to this bullying.”

Libertas will attempt to transfer a generalised anger at the Irish political elite to an even more remote and ill-defined EU elite whilst at the same time not offending the Irish people’s basically pro-EU attitude in general.

Libertas is on solid ground when it complains about the complexity and ambiguity of the Treaty  However these issues can be addressed if the accompanying declarations are shown to be legally binding.  The real issue is that the Irish people will not want to hand Cowen a victory.  

Perhaps a drubbing in the June elections will sate the popular anger and allow for a clearer focus on Ireland’s position within the EU for the October Referendum.  However a well financed Libertas campaign will probably skilfully exploit the sense that Ireland as the underdog is also representing many disillusioned and disenfranchised democrats throughout Europe who have been denied a direct vote on the Treaty.

However in a peculiar way a Libertas victory in June might also facilitate a Referendum YES in October – as those concerned at the “democratic deficit” within the EU will now have their representation in the European Parliament – both for Ireland and for any other Member State which elects anti-Lisbon candidates. The true extent of popular anti-Lisbon sentiment throughout Europe can then be ascertained.

And in an even more ironic twist, the emergence of Libertas as a truly European Party (with no parliamentary base within Ireland) will also assist in the development of a European Demos as distinct from the national polities of its constituent members. All may not approve of its leadership, funding, or policies, but it may actually further what many pro-Europeans say they want to see happen – the emergence of a European public space and representative democracy not explicitly linked to national political parties.

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