Officials in Brussels are working on plans to ensure that the European Treaty is still implemented elsewhere if Ireland votes against it in the referendum.
Although measures such as creating an EU president, “foreign minister” and European diplomatic service may be delayed, they are still expected to be introduced.
One diplomat said a “bridging mechanism” was being discussed. If Ireland rejects the treaty, it may simply be removed from the list of signatories and will not be legally obliged to abide by it.
By late 2009 or early 2010, when Croatia joins the EU, an amending “Accession Treaty” will be signed by all members including Dublin.
Incorporated into it would be a series of protocol texts giving paper “opt-outs” on controversial Irish EU issues, such as taxation powers or greater military co-operation.
Such texts would be similar to Britain’s existing protocol opt-outs on the Charter of Fundamental Rights and social issues in the Lisbon Treaty text being ratified in Westminster.
Ireland, like the rest of the Europe, does not hold referendums on EU enlargement treaties and with new protocol opt-outs Dublin may get a new Accession Treaty past the Irish parliament without a popular vote.
“This mechanism would be no more incomprehensible or legalistic than the Treaty itself,” said one official.
“It is probably no more difficult than the legal footwork necessary to turn the Constitutional Treaty into [the] Lisbon [Treaty] after the French and Dutch rejected it. The issue will be timing.”
In recent weeks, Irish officials have held secret talks to implement the Lisbon Treaty regardless of any referendum on the text.
During talks to create an EU diplomatic corps on May 7 and May 13, Irish diplomats presented a position on the composition of the European External Action Service and role of the EU’s new “foreign minister”.
Secret minutes seen by The Daily Telegraph show that Ireland’s EU ambassador, Bobby McDonagh, pleaded with his colleagues to keep the talks and Dublin’s position confidential. “[We] have to remain cautious in presenting these issues [referendum]!,” the minutes record.
The House of Lords rejected a Conservative bid to force a British referendum on the Lisbon Treaty, with Liberal Democrat peers siding with the Government to defeat the move by 280 votes to 218.
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