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INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHGV/USMISSION GENEVA

UNCLAS BRUSSELS 000856 
 
SIPDIS 
 
DEPARTMENT FOR EUR/ERA and L/EUR 
 
E.O. 12958: N/A 
TAGS: PREL PGOV EUN EI
 
SUBJECT: EU LEADERS AGREE ON GUARANTEES FOR IRELAND; NEW IRISH VOTE 
ON LISBON TREATY EXPECTED FOR OCTOBER 
¶1.  SUMMARY: EU leaders in their June 18-19 European Council meeting 
painfully agreed on the format of guarantees designed to persuade 
Irish voters to back the Lisbon Treaty in another referendum.  The 
 
specific guarantees do not alter the Lisbon Treaty but provide 
interpretation of it.  They basically assure the Irish that nothing 
in the new treaty will affect the country's legal provisions on 
ethical and family matters, its ability to determine its own tax 
regime, or affect Ireland's traditional policy of military 
neutrality.  The deal on the Irish guarantees enables PM Cowen to 
proceed with plans for a new referendum expected to be held in early 
October.  END SUMMARY. 
¶2.  EU leaders in their European Council conclusions reaffirmed 
their wish to see the Treaty of Lisbon enter into force by the end 
of 2009.  Following on their December 2008 meeting, which had noted 
that concerns of the Irish caused a  "No" vote in the June 2008 
referendum, the leaders signed off on a series of guarantees as part 
of an overall package designed to persuade Irish citizens to express 
a positive vote on the treaty in a second referendum.  The leaders 
recalled their December 2008 decision to the effect that, QUOTE 
Provided that the Treaty of Lisbon enters into force, the Commission 
shall continue to include one national of each member state. END 
QUOTE 
¶3.  The other concerns of the Irish people relating to taxation, the 
right to life/abortion, education and family life, and Ireland's 
policy of military neutrality were dealt with in a package of legal 
and political texts negotiated among EU Member State governments 
over the past few weeks.  While the substance of such guarantees 
decided in principle by the leaders in December 2008 was not really 
controversial, their legal format proved somewhat difficult to 
determine.  Ireland pushed for legal assurances to be attached as 
protocols to a future EU treaty, thus enshrining them in EU primary 
law.  However, some countries, led by the UK, feared this involved 
the risk of reopening a domestic debate on ratification of the 
Lisbon reforms. 
¶4.  Speaking at the final press conference with Commission President 
Barroso on June 19, Czech PM Jan Fischer stressed that the texts 
accepted by Ireland and the other Member States should be taken as 
"exploratory and clarifying texts" that change "not a dot nor a 
comma to the Lisbon Treaty."  The package annexed to the European 
Council conclusions consists of: 
-- A Decision of the Council (a legally-binding document) that is 
intended to cover Irish concerns on ethical, family/education 
issues, taxation and security and defense.  In essence, the Decision 
applying to all Member States basically reaffirms national 
prerogatives.  Effective on the date of the entry into force of the 
Lisbon Treaty, they will enable the Irish government to withstand 
any domestic challenge that the new treaty might force the country 
to change its policies and legislation in the areas concerned. 
-- A "Solemn Declaration of the European Council on Workers' Rights 
and Social Policy" (not legally binding), reaffirming "the high 
importance" attached by the EU to social progress and the protection 
of workers' rights, public services as an instrument of social and 
regional cohesion, the responsibility of Member States for the 
delivery of education and health services, and the discretion of 
national, regional and local authorities in providing, commissioning 
and organizing services of et. 
-- A "national declara Treaty of Lisbon followote in the 
new referendum, this declaration would b associated with Ireland's 
instrument of ratiication. 
¶5.  A final sticking point that delaQed the leaders' agreement on 
the package unti, June 19 was the question of whether the guarantees 
provided by way of the Council Decision would, in time, acquire full 
treaty status by way of a treaty protocol.  The Irish recognized 
that such a protocol could not be adopted before the Lisbon Treaty 
comes into force.  They insisted, however, on a "clear and 
unequivocal commitment that, at a future point after the Lisbon 
Treaty enters into force, the legal guarantees contained in the 
decision" would be "attached to the EU treaties by way of a 
protocol."  Agreement on the shape of the deal followed an early 
morning meeting between Taoiseach Brian Cowen and UK PM Gordon 
Brown, at which the latter indicated that the UK would no longer 
stand in the way of a reference to a future protocol. 
¶6.  While reaffirming that the content of the Decision will not 
necessitate any re-ratification of the Treaty of Lisbon, the leaders 
stated that they will "at the time of the conclusion of the next 
accession treaty, set out the provisions" of the Decision in a 
protocol to be attached, in accordance with their respective 
constitutional requirements, to the Treaty on European Union and the 
Treaty on the Functioning of the EU (read: the consolidated EU 
treaties as they will appear following the entry into force of the 
Lisbon Treaty). 
¶7.  Irish PM Brian Cowen told reporters:  "I am confident now that 
we have a solid basis to go to the Irish people and ask them again 
to ratify the treaty so that Europe can move on.  I expect that we 
would be ready to have a referendum in early October."  President 
Barroso opined that the package "gives Irish people all assurances 
they need."  Barroso said he was very confident about the outcome of 
a new referendum "because the Irish government now has got 
everything it asked for" to be in "the best possible conditions to 
explain the exact contents of the Lisbon Treaty." 
¶8.  COMMENT.  The deal on the Irish guarantees is a big relief for 
PM Cowen.  It proved difficult to achieve, but was apparently 
reached without acrimony (Cowen openly praised Brown for his 
cooperation).    The Taoiseach had candidly exposed his 
vulnerability on Summit's eve in a letter to fellow EU leaders, 
which was widely leaked to media.  In the message, Cowen strongly 
underlined the necessity of being able to invoke a Treaty protocol 
in addition to any legally-binding Decision of the Council to 
provide him with greater legal certainty.  Whether intended or not, 
the leak revealed how the Irish felt it necessary to take 
precautions to go back to voters and call another referendum that 
will soon determine the fate of long-awaited EU Treaty reforms. 
 
MURRAY