Treaty will reduce Irish role in decision-making, says Rogers

The power of Irish citizens to influence decisions affecting their lives will be "significantly reduced" by the Treaty of Nice, the former attorney general, Mr John Rogers SC, has said.

In a significant blow to the Government's Yes campaign, Mr Rogers says in an Irish Times article today that a number of recent events had shown how far decision-making powers had already been removed.

An EU regulation, for example, in effect since March 30th, could have "profound effects" on Irish divorce laws, said Mr Rogers - as attorney general, nominated by the Labour Party, he wrote the wording for the unsuccessful 1986 divorce referendum.

Under the EU regulation, a person may apply for divorce, legal separation or annulment in any EU state if resident there for a year, he noted. "This is a most important new law which now has direct effect in this State," Mr Rogers says.

Though in favour of the decision, he said it was never debated by the Oireachtas and would be seen by some as "undermining the institution of marriage and the constitutional rights of family members".

"Some people might argue it is undemocratic that without any reference to the Oireachtas a decision may be made by the Council of Ministers which is perceived as altering fundamentally decisions made by the Irish people in a referendum," he says.

The regulation required the agreement of all EU states, yet the Government did not object. "We do not know what were the instructions given to the Minister who attended the meeting," he claims.

Though favouring enlargement, he said he was prepared to vote No because he did not think voters "should be blackmailed" because of fears that it would "offend and disappoint" accession states.

The lack of an Irish commissioner and changes to each country's voting weight could further reduce the public's confidence, he says.