Madam, – Your correspondent Micheál McGuigan (February 23rd) provoked two quick responses trotting out the usual claim by many Yes voters that the Lisbon Treaty has “nothing to do with” the various matters that concerned him and many No voters: marriage, conscription, abortion, workers rights, tax etc. Of course, these details are not featured as such in the Treaty, but it most certainly has “to do with” them.
Unlike some of our legislators, I did read the treaty. It was difficult reading, consisting largely of amendments to previous treaties. But in my working life, I had much to do with international treaties, so I did understand it, and was satisfied that it did represent a dilution of our democracy and a transfer of power from smaller member-states to larger ones and thereby a possibility of having legislation imposed on us that would be contrary to our traditional ethos. In particular, the loss of our permanent Irish Commissioner was a No-No for me. (Before readers take pen to tell me that our Commissioner does not “represent” Ireland: let me point out to them that EU legislation is mostly originated by the Commission and when that happens I want an Irish person at the table - not every second or third year, but always).
As it happens, the points made by me and other No voters, have been recognised as valid and acceptable by both the president of the Commission, Mr Barroso and the former president of the Council, Mr Sarkozy; so it should be possible to achieve them. Whether this is done by a renegotiation of the treaty or by some other binding instrument, I don’t mind. But if it is done properly, I and others will change our vote to Yes. And if that happens (I believe it will) won’t the efforts of Mr McGuigan and others that hold to our principles have been worthwhile? – Yours, etc,
Madam, – Michael McGuigan’s concerns about the status of marriage are, no doubt, shared by many of your readers. However, in considering such an important issue it is always useful to have regard to the facts.
The Lisbon Treaty does not define marriage. In fact, the treaty text does not mention marriage. The European Charter of Fundamental Rights, which would be given legal status under Lisbon, does refer to marriage, in Article 9: “The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights.”
The charter’s provisions apply only to the European Union Institutions and to national institutions when implementing EU law. They do not apply to national law and they do not confer new competences on the EU. It is clear that the definition of marriage, and the legal provisions in respect of marriage, are a matter for national legislation in each sovereign member state of the union.
Once again there is an attempt to provoke opposition to the Lisbon Treaty on grounds which are not based in truth or fact but which are designed to play on fears and suspicion of the allegedly “godless” European Union. – Yours, etc,