Substance of EU constitution still intact, says Ahern

Taoiseach Bertie Ahern has said negotiations in Brussels on a new treaty to reform the EU have protected the "substance" of the…

Taoiseach Bertie Ahern has said negotiations in Brussels on a new treaty to reform the EU have protected the "substance" of the European constitution he drafted three years ago.

An Irish referendum on the deal, subject to a final text being worked out in EU talks over the coming months, will be put to voters "sometime during 2008", he said.

Some member state leaders had wanted to remove treaty references to an EU flag and anthem because of fears that such symbolism could derail efforts to ratify a deal.

"Constitutional phrasing and symbolism have been removed. These constitutional elements had created unfounded fears about the scope and impact of a new treaty, even though the actual substance of the treaty fully respected the constitutional traditions and sovereignty of member states," Mr Ahern said shortly after the talks ended at about 5am on Saturday.

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"All in all, what has now been agreed has been a reasonable compromise between those who had difficulties in ratifying the 2004 treaty and those, like Ireland, who wanted to retain the substance," he said.

"We were quite happy. We were more interested in protecting the substance, and the more it went around about the flag and the symbolism and Beethoven and all of that, the better. The fact that they spent [ time] talking about that yesterday [ meant] I just sat on my hands. Will anybody in Europe take any notice of that? Will anyone know? Will anyone care two damns that article 8 [ dealing with the EU flag and anthem] is gone?"

The changes made to the treaty are acceptable, if "that makes minds think totally differently and convinces their parliaments to hold a different process", he added.

Asked if the efforts by other EU leaders to avoid referendums could backfire and create voter resentment, the Taoiseach said: "I am not going to defend everybody else. But I think that the way I left this three years ago was far better.

"I am not going to change my mind on that. I think all the changes that we have made are for the worse. Thankfully, they haven't changed any of the substance, so I will be talking about the 90 per cent [ of the treaty that is left].

"You will not hear me getting up on a butter box to talk about that I have removed the flag and removed Beethoven from it, but if that makes people happy, then I will send them a copy of Beethoven so that they can listen to it. I never cease to be amazed as to what makes people happy," he said.

"It was fascinating to sit here and listen to the debate about how removing the symbolism changes this. We have taken out article 8. Beethoven is out, and the flag is out. I don't think that will make a damn difference to anyone in Europe. I don't think anyone will move it off their cars, and their flags, but it does make people feel better that it is out of the constitution. That makes them feel better, so I am thrilled and ecstatic for them."

The outcome of the Brussels talks was, nevertheless, "a considerable achievement" that resolved issues that have troubled the EU in recent years and, once implemented, the new rules would "equip the union to deliver for the people of the union in the years ahead", Mr Ahern said.

It also showed that the EU "has the ability to overcome seemingly intractable difficulties".

The Republic, benefiting from concessions made to the UK, has the right to stay outside efforts to increase judicial co-operation, such as establishing common sentences for offences throughout the EU, and to opt in at any time to those it might wish to sign up for later.

Under the constitution, decision-making in these areas would have been taken by qualified majority voting and by co-decision with the European Parliament, unless a member state referred the question to EU leaders.

"We will in coming months give full and careful consideration to the implications for the country. The Minister for Justice will bring proposals to the Cabinet," Mr Ahern said.

Welcoming Cyprus and Malta into membership of the euro currency from January 1st next, the Taoiseach said he was confident the currency would work as well for them as it had for the Republic.