There is considerable doubt whether the Nice Treaty referendum will go ahead as planned on May 31st. This is despite yesterday's publication of a White Paper explaining the proposed changes to EU treaties.
Publishing the document yesterday, the Minister for Foreign Affairs, Mr Cowen, acknowledged the uncertainty caused by the foot-and-mouth crisis.
The Government was "proceeding on the basis that it will be possible to have the referendum on that date . . . We are anxious to ensure that that option remains available to us." The Government decision to hold it on May 31st would hold "until a Government decision to the contrary".
The Government will next week introduce the legislation necessary for the holding of four referendums on one day: on Nice; a new disciplinary process for judges; the removal of references to the death penalty from the Constitution; and the approval of the International Criminal Court.
Mr Cowen said the Government intended to complete the parliamentary procedures in relation to the legislation. The actual date of the referendums would then be determined by the date on which the Minister for the Environment signed the orders for them after the legislation was passed.
With the Government prevented by the McKenna judgment from running a partisan "vote Yes" campaign with public money, Mr Cowen said a key objective of the White Paper was "to encourage and facilitate wider public discussion". The document provided "a clear factual account of the treaty".
He said the treaty would prepare the EU for the admission of new members. It emerged from an Intergovernmental Conference held "to complete the process of internal institutional reform required to prepare the Union for enlargement".
However, the Green Party yesterday disputed the claim that the vote was only about enlargement and confirmed that it would campaign for a No vote. Party TD Mr John Gormley said the treaty would integrate defence issues into the EU, remove Ireland's automatic right to an EU Commissioner and create a two-tier Europe.
He said his party was not "a Euro-sceptic party" but a European party with a broader focus than just EU membership.
Dublin Green Party MEP Ms Patricia McKenna said it was "misleading to say that the Nice Treaty is about enlargement . . . In fact the Nice Treaty is almost entirely devoted to transferring more power to the big EU member-states at the expense of the smaller states such as Ireland".
However, Mr Cowen said "any fair-minded reader will conclude that the outcome of the Nice negotiations both served the cause of Europe and, from a national viewpoint, provided effective safeguards in key areas".
The qualified majority voting procedure - through which the Irish position could be outvoted - had been extended to 30 additional areas, but unanimity was retained in the area of taxation. "This will allow an enlarged council to take decisions while at the same time protecting our position on this important issue."
He said Ireland was "well placed to take advantage of the opportunities offered by an enlarged Union". The countries in line to join "provide excellent opportunities for Irish investment in growing markets" and offer "further significant opportunities for Irish business".
Mr Cowen also emphasised the broader political principles underpinning the EU. "There is for the first time a basis for the countries of Europe to come together in a framework based on democracy, the rule of law and respect for human rights."
A summary of the White Paper is to be sent to every household in the State "with a view to maximising public awareness", Mr Cowen said. He said the document provided "a clear, factual account of the treaty", implying that its distribution does not breach the Supreme Court judgment in the McKenna case preventing the Government from spending money on a partisan campaign.
The Labour Party chief whip, Mr Emmet Stagg, last night objected to what he said were "plans to rush through all stages of four separate Bills next week to facilitate the holding of four planned referenda by the Government".
He said Labour would insist there was enough time for the Oireachtas to scrutinise the proposed constitutional amendments.
"There has been considerable concern at the declining number of people coming out to vote in referenda in recent years," he said. "How can we expect the public to take the subject matter of these referenda seriously if the Government believes they can be dealt with by the Oireachtas in a matter of hours with minimal debate?"