Changes to the Constitution would allow State to sign up to significant future EU treaty changes without a referendum, writes Denis Staunton in Brussels.
The proposed amendments to Bunreacht na hÉireann to enable the State to ratify the EU constitution are lengthier and more substantial than those made for most previous EU treaties.
They would make further referendums unnecessary for all but the most radical changes in the way the EU is organised and would allow the Government, with Oireachtas approval, to give up the national veto in almost all policy areas.
Ireland could participate in "permanent structured co-operation" on defence if the Oireachtas approved but could not join a common defence alliance without the backing of the people expressed in a referendum.
For the most part, the amendments are essential if Ireland wants to approve the EU constitution, which introduces a new flexibility to the way the EU makes policy. Groups of countries would be able to work more closely together on certain policy areas, through "enhanced co-operation" or - in the case of defence - structured co-operation.
Article IV-444 allows EU leaders to agree unanimously that matters at present subject to unanimity should in future be decided by qualified majority voting. Any such decision to abolish national vetoes would require the approval of a majority in the European Parliament and of all national parliaments.
One of the proposed amendments to Bunreacht na hÉireann would allow the Taoiseach to take part in such a decision to abolish the national veto, although he would need the backing of the Dáil and Seanad.
Other amendments give the Government authority to take part in unanimous decisions by EU member states to abolish the national veto in areas such as social policy, the EU's multinational budget framework, the environment and some areas of family law.
The EU constitution does not require parliamentary approval for such a move in these policy areas but the Government would need the backing of the Oireachtas.
Other amendments would allow the Government to approve the creation of a European public prosecutor, the extension of qualified majority voting in the common foreign and security policy and enhanced co-operation between some countries in the field of criminal law.
Most of these amendments are an essential part of approving the EU constitution and none would oblige Ireland to participate in any new EU ventures in the future. However, one proposed change to Bunreacht na hÉireann goes further than is absolutely necessary.
Article IV-445 allows EU leaders to agree unanimously to change any or all of the EU policies set out in part III of the EU constitution. Such changes would have to be approved, however, by all member states "in accordance with their respective constitutional requirements".
By referring to this article, the Government makes clear that, in Ireland's case, such changes would need the approval of both houses of the Oireachtas but would not be put to a referendum.
If approved, the amendment would help the Government to circumvent a 1987 High Court ruling that voters must be consulted on changes that altered the "scope and character" of the EU.
That judgment, in a case brought by the late Raymond Crotty, led the Government to hold a referendum on the 1986 Single European Act and on all subsequent EU treaties.
Although the EU constitution introduces a new flexibility to EU policymaking, most changes from unanimity to qualified majority voting could be vetoed by just one national parliament.
No such changes could increase the power of the EU itself.
The proposed amendments would still oblige the Government to hold a referendum before Ireland could join a European common defence alliance.
They would allow Ireland to participate in "permanent structured co-operation" on defence, however, if the Oireachtas approved.
Structured co-operation would be open to countries whose military capabilities "fulfil higher criteria" and who make "more binding commitments" to work together in the most demanding EU military missions.