By Martin Banks - 18th June 2009
I have to say he misled the Irish public
Jens-Peter Bonde
Ireland's Europe minister Dick Roche has been accused of "misleading" the Irish public over the stalled Lisbon treaty.
The claim follows a debate on Irish radio on Wednesday between Roache and former Danish MEP Jens-Peter Bonde.
Afterwards, Bonde, a eurosceptic who has campaigned against the treaty, said, "Roach is a nice chap. He did a good job for Ireland in the convention.
"But I have to say he misled the Irish public on the treaty in the debate with me."
Both were taking part in a debate on the treaty in the Pat Kenny programme on Irish RTE.
The debate came ahead of this week's EU summit in Brussels where EU leaders will discuss the upcoming Irish referendum on the treaty, probably in the autumn.
The summit is expected to sign off the treaty this week, paving the way for a second Irish referendum.
Bonde, a former member of the Independence/Democracy group, said, "Contrary to what he said, the fact is that a treaty can only be changed by a new treaty agreed upon between all governments and then ratified by each member state.
"There is no other way. A decision at the summit can only become binding for the EU institutions through ratification.
"If the decision is turned into an agreement under international law it can bind governments politically.
"Member states have no right to settle disagreements outside of the EU institutions.
"The European Court is the sole interpreter of EU law.National law, international law and even national constitutions must obey the Court.
"I don’t say it’s right. But that is how it is. Dick Roche could take a fresh course in EU law at Trinity College and send his apologies instead of criticizing me for being misleading.
"Legal guarantees for abortion, euthanasia and other sensitive issues can only be safeguarded by taking competences away from the Court or by establishing a protocol stating that such Court decisions do not apply in Ireland."
Bonde, who is still based in Brussels, went on,"Roche also misleads by saying the Nice treaty requires a smaller commission.
"That treaty has the aim to establish a smaller commission when the EU has 27 member states.
"But a smaller commission can only be reached by unanimous decision where Ireland and all other member states have a veto right.
"We will continue with one each until everyone agrees. That was the compromise from Nice.
"A smaller commission could for example be a commission where the country having the post as foreign minister will forego having a commissioner.
"The Lisbon treaty requires a smaller commission with only two thirds of the member states represented unless a unanimous decision would change this rule. The heads of states have unanimously decided that the EU shall continue with one commissioner each."
He added, "This is a promise. It is still not legally binding. This is the sad truth for Roche."
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