THE "MUTUAL assistance" clause in the Lisbon Treaty will allow Ireland to make its own decisions on whether, if and how to come to another member state's assistance in the event of armed aggression, Pat Cox, former president of the EU said yesterday.
Speaking at a National Forum on Europe debate in Dublin on the implications of the treaty for Irish foreign policy, defence and neutrality, Mr Cox said the clause would not compromise neutrality.
However, Joe Noonan, solicitor and expert witness in the landmark Crotty case, which secured the rights of Irish citizens to vote on significant changes in EU rules, said the clause was similar to one in the Nato agreement and was characteristic of a military pact.
The mutual assistance clause, Article 28a (7) of the treaty states: "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 UN Charter. This shall not prejudice the specific character of the security and defence policy of certain member states."
Mr Cox said the final line of the clause was placed there by negotiations lead by the Government.
"This is not an accidental tourist of a clause . . . it is a clear legal formulation," he said.
Any military action carried out by the EU under the treaty's European Security and Defence Policy would only be undertaken by a unanimous decision, Mr Cox said, adding that Ireland was already aligned to the "Nordic Battle Group", a stand-by battle group developed to provide a rapid response capability in a crisis.
"All overseas service, whether on EU, Nato or UN-led missions, is in full compliance with the triple lock ," he said.
Mr Noonan said the final line of the clause was not a "disqualifier". "This is a characteristic of a military pact. It is unacceptable . . . to countenance any suggestion that we can sign these commitments with our fingers crossed behind our backs," Mr Noonan said.
