Harney denies report of declaration if Nice rejected

The Government has strongly denied today's Irish Timesreport that the EU will seek a Dáil declaration backing EU enlargement if the Nice Treaty is rejected.

The Tánaiste, Ms Harney, described the suggestion as "utter nonsense", while the Fianna Fáil Minister for State, Mr Brian Lenihan insisted such a declaration "can not and will not" happen.

A European Commission spokesman also denied the report. "It doesn't make any sense," he said. "There is no room for interpretation in a yes or no vote.

"A referendum is the one opportunity for the people to legislate for themselves, and there is no scope for interference by national governments."

He also reiterated the EC's previous statements that "there is no Plan B."

It is the people who must decide, not the politicians Fine Gael leader Enda Kenny

Ms Harney said the Government had been informed by the Attorney General, Mr Rory Brady, that they are bound by law by the people's decision. Such a decision must be accepted and followed by the Oireachtas, she said.

"It is not for the Dáil to reinterpret in any way why the people voted in any given referendum," Ms Harney said. "The Dáil
would not be competent to pass such a declaration."

The only way that an alternative approach can be taken is if the original decision is altered by a further referendum, she argued.

"The proposal doesn't address the problems that will exist and the people who are being very disingenuous in this whole debate are the people that are trying to suggest to the public that a No vote can still involve support for enlargement," Mr Lenihan said.

He added that the Nice treaty if rejected, Irish diplomats will have to renegotiate a new treaty, with "no guarantees that it will be as good for us as the existing treaty is".

The Fine Gael leader, Mr Enda Kenny, also rejected the idea, describing it as "unworkable and undemocratic".

"It is the people who must decide, not the politicians," he argued.

However, the suggestion of a Dáil declaration was welcomed by Mr Anthony Coughlan from the National Platform.

He said no organised group on the No side is against EU enlargement, but they were opposing Nice's so-called "enhanced cooperation" provisions, which he claimed would permit the EU to divide into two tiers, with large countries dominating.