While the text of the Lisbon treaty has not changed, last December the Irish Government was successful in securing additional legal guarantees which present the Irish people with a New Deal for Lisbon. These watertight guarantees address the key concerns of the Irish people by ensuring that we retain our Commissioner, and by clarifying our position on abortion, taxation, neutrality and worker’s rights.

These guarantees, agreed by the 27 member States in June, will come into force upon the ratification of the Lisbon Treaty. They relate to five areas;

1. Commissioner

As long as the Lisbon Treaty is ratified, Ireland will permanently retain the right to nominate a Commissioner at all times. However, if the Treaty is not ratified we will lose this right.

2. Right to life, family and education

This guarantee reconfirms that Ireland’s stance on abortion will remain entirely unaffected by the Lisbon Treaty. It states that nothing in the Treaty of Lisbon ‘affects in any way the scope and applicability of the protection of the right to life in Article 40.3.1 40.3.2 and 40.3.3…provided in the Constitution of Ireland.’ Since 1973 there has not been a single piece of EU law that has sought to change our position on abortion. Since 1991 we have had a protocol in EU Treaty law clarifying our policy. Further, it cannot be forgotten that five other EU countries have similar restrictive policies to Ireland. We are not alone in our stance. Ireland’s position is recognised and respected.

3. Taxation

There will be no change to the extent or operation of any Member States direct taxation policy. This includes Corporation tax. Matters relating to direct taxation policy remain in Ireland’s exclusive control. It is as simple as that.

4. Neutrality, Security and Defence

This Guarantee states that “The Treaty of Lisbon does not affect or prejudice Ireland’s traditional policy of military neutrality”. It clarifies that the Lisbon Treaty does not create a European army, and it does not provide for conscription to any military formation whatsoever. The guarantee protects the constitutional prohibition on Ireland joining a common European defence. Thus the deployment of Irish troops remains completely at Ireland’s discretion.

5. Social Policy and Worker’s Rights

Alongside the legal text, the European Council also agreed on a Solemn Declaration on worker’s rights. The Declaration highlights the EU’s objectives to achieve full employment while making social progress and working to combat social exclusion and discrimination. It underlines the essential role and wide discretion of the public authorities of Member States’ in providing essential services, such as health, education and social services and also gives each Member State a veto in international trade agreements where such services may be affected..

No. Substantial changes are being made in the way the Treaty will apply to Ireland. Democracy is a conversation between a Government and the people, the people raised concerns with the Treaty and the Government have set about fixing them. This is democracy in action.

Times have also changed since last year. In our current situation, there is nothing wrong with Irish people having the opportunity to vote again on this issue.

All the signs are that this will be the last vote on Lisbon.

No. There is no EU army, and there is no move toward conscription. Very few countries have conscription in their national armies, and many of them are phasing it out.
Furthermore, close to one fifth of EU countries are neutral states, like Ireland.

Yes. If the Treaty doesn’t pass, we will lose our right to a permanent Commissioner. This is due to the provisions in the Nice Treaty.

No. There is a specific protocol in EU law which we have had since 1992 that the European Court of Justice must protect Article 40.3.3 of the Irish Constitution [Right to Life].

We are an independent organisation, and we get no Government or EU funding. All our funds come from donations from supporters, and help from volunteers. Can you help us fund this campaign?

Yes. Generation Yes takes no direction or funds from any political parties. Members of parties are of course welcome to join and take an active role, but the organisation is fully independent.

No one knows for sure. Some people think Ireland will have to leave the EU, others think there isn’t a legal way to do this.

Because so many other EU countries want to introduce these important changes, there is a good chance that Ireland will have to allow the other countries to move ahead and adopt the changes without us.

Legally, this is unknown territory. We think there is good reason to be worried that a second No vote will seriously undermine Ireland’s place in the EU. It will also add to the International uncertainty about Ireland’s stability as a country.

We know how voting Yes will help the country and our economy. No one has shown us how voting No helps create jobs, or a better future for Ireland.

Some claim that Article 48 of the Lisbon Treaty gives the EU powers to amend its own treaties, without the need for a new treaty, and that this amending would not be subject to a new referendum.

This is not true.

Article 48 allows the European Council to make amendments to the treaty. This process however will be done on a veto basis, which means Ireland can veto any proposal.

The right for Ireland to have a referendum on any changes to the Lisbon Treaty comes from the Irish Constitution, not the European Treaty. This is due to a court decision called the Crotty Judgement. This decision means that whenever there is a significant change in the nature of Ireland’s link to the EU, such as giving the EU increased powers over any issue, a referendum is required.

Article 48 proposes a simple system for proposing changes to the Treaty. However this in no way affects the right of Irish people to have a referendum, since that right is given to us by the Irish constitution, not a European Treaty.

Article 48: The Government of any Member State, the European Parliament or the Commission may submit to the European Council proposals for revising all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union relating to the internal policies and action of the Union.

The European Council may adopt a decision amending all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union. The European Council shall act by unanimity after consulting the European Parliament and the Commission, and the European Central Bank in the case of institutional changes in the monetary area. That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.

The decision referred to in the second subparagraph shall not increase the competences conferred on the Union in the Treaties.

For the first time ever, the areas in which the EU can make laws will be spelled out. This draws a line in the sand between the EU and the member states, and the EU will only be able to take on powers in new areas if we as Irish voters approve in another vote.

The mutual defence clause in the Lisbon Treaty in no way affects our neutrality. While we are obliged to provide ‘aid and assistance’, our neutrality is fully protected. Have a look at the article here:

If a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the United Nations Charter. This shall not prejudice the specific character of the security and defence policy of certain Member States.

The EU does not have any powers in relation direct taxation [Income Tax, Corporate Tax, etc.], and Lisbon makes no changes to this.

Some say that based on Article 113 the EU could change our corporate tax. This Article however clearly states that this only relates to indirect taxation (like tariffs on goods). (Article 113 TFEU)

Article 113: The Council shall, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament and the Economic and Social Committee, adopt provisions for the harmonisation of legislation concerning turnover taxes, excise duties and other forms of indirect taxation to the extent that such harmonisation is necessary to ensure the establishment and the functioning of the internal market and to avoid distortion of competition.

As you can see from Article 113, the EU rules only apply to indirect taxation – a common EU tax on companies is a form of direct taxation, so the EU rules don’t apply here. We would need to introduce a law to allow the EU to have this power.

This proposal could only be introduced through Article 94. The decision making in this article is subject to a national veto.

Article 115: Without prejudice to Article 114, the Council shall, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament and the Economic and Social Committee, issue directives for the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the establishment or functioning of the internal market.