Cabinet eyes Áras to avoid treaty referendum

THE president has refused to comment on whether he would be willing to refer the new European Treaty to the Supreme Court to test whether it has to be put to a referendum of the people.

It is believed the Government is considering asking Michael D Higgins to take that step in the hope the court will say the treaty, which is due for its final signing at a summit on March 1, is in line with the Constitution and, therefore, no referendum would be needed.

If the Government were to decide not to have a vote, that would almost certainly be subjected to a Supreme Court challenge which it could easily lose.

By getting the President to refer the new legislation to the Supreme Court for a judgment on its constitutionality, the Government would escape the accusation that it had been forced to hold the vote.

According to reports in the media over the weekend, however, the Government is also terrified that the treaty could be defeated in the Supreme Court, ahead of any referendum.

In addition, if it approaches the President, the Government could be accused of interfering with the independence of Michael D Higgins’ office.

Last night a spokesman for Mr Higgins would not be drawn on the President’s position.

“We would not comment on that,” he said.

The new European agreement made in December by 26 of the 27 European Union member states — excluding Britain — to help resolve Europe’s debt crisis will only come into force when 15 of the eurozone’s 17 member states have ratified it.