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Irish voters endorsed the Lisbon Treaty on their return to the ballot box on 2 October 2009.
The "yes" vote came 16 months after the Treaty was rejected in a first referendum. The Irish government agreed to hold a second vote after EU leaders offered guarantees on national sovereignty and agreed that each EU country would continue to have a commissioner (see below for the text of the guarantees).
On 2 October 2009, the Irish electorate voted by a majority of 67.13% to 32.87% in favour of ratification of the Lisbon Treaty with a turnout of 59%. In a statement  made on the outcome of the vote, European Commission President José Manuel Barroso congratulated the Irish people on reaching their overwhelming decision after such long and careful deliberation.
On 10 October, Poland concluded the ratification of the Lisbon Treaty. At a ceremony in Warsaw, Polish President Lech Kaczynski signed the ratification instrument in the presence of the President of the European Council, Fredrik Reinfeldt, the President of the European Commission, José Manuel Barroso and the President of the European Parliament, Jerzy Buzek.
On 15 October, President Mary McAleese signed the bill reconciling the Lisbon Treaty with the Irish Constitution thereby completing the ratification process for the Treaty in Ireland. On 23 October Minister for European Affairs, Dick Roche, deposited the Instrument of Ratification with the Italian Government in Rome.
On 3 November, the Czech Constitutional Court cleared the way for the ratification of the Lisbon Treaty by the Czech Republic. Czech President Vaclav Klaus went on to sign the Lisbon Treaty on the same day.
The Lisbon Treaty will now enter into force on 1 December 2009.
In the meantime, the European Council and the European Parliament will continue to function as normal. With regard to the European Commission, the mandate of the current Commission ended on 31 October 2009. As the new College of Commissioners has not yet been appointed and following the principle of public service continuity, the present College is staying on as a "Caretaker Commission" beyond the period of its mandate to deal with "current business", i.e. daily management issues as well as ongoing issues that do not require a new initiative or a sensitive political decision.
At a summit on 19 November 2009 European leaders selected Belgian premier Herman Van Rompuy to be the EU’s first permanent President of the European Council. EU trade commissioner Catherine Ashton from the UK was appointed to the post of High Representative for Foreign Affairs and Security Policy
The new president will serve for 2½ years. The position will replace the rotating presidency under which one member country chairs major EU meetings for six months.
Mr Van Rompuy’s core responsibilities will include chairing Council meetings and representing EU leaders on the global stage. He will also represent the Council in relations with other EU institutions.
In an agreement with the European Commission, the Council appointed Catherine Ashton to be the EU’s High Representative for Foreign Affairs and Security Policy. A member of the UK Labour Party, she will also serve as a vice-president of the next commission now being formed.
Catherine Ashton will have the authority to propose defence and security measures. She will also be tasked with setting up a network of diplomats around the world to support the new office.
The two posts were created by the Lisbon Treaty, which aims to enhance the EU’s role in world affairs and streamline its decision-making.
The selections become official with the entry into force of the Lisbon treaty on 1 December.
See here for more on the Treaty of Lisbon.
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June 2009 – European Council
The Conclusions of the Council are the text of the guarantees for Ireland. The Conclusions of the European Council of 18 and 19 June 2009 state:
"1. The European Council recalls that the entry into force of the Treaty of Lisbon requires ratification by each of the 27 Member States in accordance with their respective constitutional requirements. It reaffirms its wish to see the Treaty enter into force by the end of 2009.
2. Having carefully noted the concerns of the Irish people as set out by the Taoiseach, the European Council, at its meeting of 11-12 December 2008, agreed that, provided the Treaty of Lisbon enters into force, a decision would be taken, in accordance with the necessary legal procedures, to the effect that the Commission shall continue to include one national of each Member State.
3. The European Council also agreed that other concerns of the Irish people, as presented by the Taoiseach, relating to taxation policy, the right to life, education and the family, and Ireland's traditional policy of military neutrality, would be addressed to the mutual satisfaction of Ireland and the other Member States, by way of the necessary legal guarantees. It was also agreed that the high importance attached to a number of social issues, including workers' rights, would be confirmed.
4. Against this background, the European Council has agreed on the following set of arrangements, which are fully compatible with the Treaty, in order to provide reassurance and to respond to the concerns of the Irish people:
(a) Decision of the Heads of State or Government of the 27 Member States of the European Union, meeting within the European Council, on the concerns of the Irish people on the Treaty of Lisbon (Annex 1);
(b) Solemn Declaration on Workers' Rights, Social Policy and other issues (Annex 2).
The European Council has also taken cognisance of the unilateral declaration of Ireland (Annex 3), which will be associated with the Irish instrument of ratification of the Treaty of Lisbon.
5. Regarding the Decision in Annex 1, the Heads of State or Government have declared that:
(i) this Decision gives legal guarantee that certain matters of concern to the Irish people will be unaffected by the entry into force of the Treaty of Lisbon;
(ii) its content is fully compatible with the Treaty of Lisbon and will not necessitate any ratification of that Treaty;
(iii) the Decision is legally binding and will take effect on the date of entry into force of the Treaty of Lisbon;
(iv) they will, at the time of the conclusion of the next accession Treaty, set out the provisions of the annexed Decision in a Protocol to be attached, in accordance with their respective constitutional requirements, to the Treaty on European Union and the Treaty on the Functioning of the European Union;
(v) the Protocol will in no way alter the relationship between the EU and its Member States. The sole purpose of the Protocol will be to give full Treaty status to the clarifications set out in the Decision to meet the concerns of the Irish people. Its status will be no different from similar clarifications in Protocols obtained by other Member States. The Protocol will clarify but not change either the content or the application of the Treaty of Lisbon."
ANNEX 1
This is the text of the Guarantees offered to Ireland by the other Member States in respect of the Lisbon Treaty.
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DECISION OF THE HEADS OF STATE OR GOVERNMENT OF THE 27 MEMBER STATES OF THE EU, MEETING WITHIN THE EUROPEAN COUNCIL, ON THE CONCERNS OF THE IRISH PEOPLE ON THE TREATY OF LISBON
The Heads of State or Government of the 27 Member States of the European Union, whose Governments are signatories of the Treaty of Lisbon,
Taking note of the outcome of the Irish referendum of 12 June 2008 on the Treaty of Lisbon and of the concerns of the Irish people identified by the Taoiseach,
Desiring to address those concerns in conformity with that Treaty,
Having regard to the Conclusions of the European Council of 11-12 December 2008,
Have agreed on the following Decision:
SECTION A
RIGHT TO LIFE, FAMILY AND EDUCATION
Nothing in the Treaty of Lisbon attributing legal status to the Charter of Fundamental Rights of the European Union, or in the provisions of that Treaty in the area of Freedom, Security and Justice affects in any way the scope and applicability of the protection of the right to life in Article 40.3.1, 40.3.2 and 40.3.3, the protection of the family in Article 41 and the protection of the rights in respect of education in Articles 42 and 44.2.4 and 44.2.5 provided by the Constitution of Ireland.
SECTION B
TAXATION
Nothing in the Treaty of Lisbon makes any change of any kind, for any Member State, to the extent or operation of the competence of the European Union in relation to taxation.
SECTION C
SECURITY AND DEFENCE
The Union's action on the international scene is guided by the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.
The Union's common security and defence policy is an integral part of the common foreign and security policy and provides the Union with an operational capacity to undertake missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter.
It does not prejudice the security and defence policy of each Member State, including Ireland, or the obligations of any Member State.
The Treaty of Lisbon does not affect or prejudice Ireland's traditional policy of military neutrality.
It will be for Member States - including Ireland, acting in a spirit of solidarity and without prejudice to its traditional policy of military neutrality - to determine the nature of aid or assistance to be provided to a Member State which is the object of a terrorist attack or the victim of armed aggression on its territory.
Any decision to move to a common defence will require a unanimous decision of the European Council. It would be a matter for the Member States, including Ireland, to decide, in accordance with the provisions of the Treaty of Lisbon and with their respective constitutional requirements, whether or not to adopt a common defence.
Nothing in this Section affects or prejudices the position or policy of any other Member State on security and defence.
It is also a matter for each Member State to decide, in accordance with the provisions of the Treaty of Lisbon and any domestic legal requirements, whether to participate in permanent structured cooperation or the European Defence Agency.
The Treaty of Lisbon does not provide for the creation of a European army or for conscription to any military formation.
It does not affect the right of Ireland or any other Member State to determine the nature and volume of its defence and security expenditure and the nature of its defence capabilities.
It will be a matter for Ireland or any other Member State, to decide, in accordance with any domestic legal requirements, whether or not to participate in any military operation.
SECTION
FINAL PROVISIONS
This decision shall take effect on the same date as the Treaty of Lisbon.
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ANNEX 2
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SOLEMN DECLARATION ON WORKERS' RIGHTS, SOCIAL POLICY AND OTHER ISSUES
The European Council confirms the high importance which the Union attaches to:
• social progress and the protection of workers' rights;
• public services;
• the responsibility of Member States for the delivery of education and health services;
• the essential role and wide discretion of national, regional and local authorities in providing, commissioning and organising services of general economic interest.
In doing so, it underlines the importance of respecting the overall framework and provisions of the EU Treaties.
To underline this, it recalls that the Treaties as modified by the Treaty of Lisbon:
• establish an internal market and aim at working for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment;
• give expression to the Union's values;
• recognise the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union in accordance with Article 6 of the Treaty on European Union;
• aim to combat social exclusion and discrimination, and to promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child;
• oblige the Union, when defining and implementing its policies and activities, to take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health;
• include, as a shared value of the Union, the essential role and the wide discretion of national, regional and local authorities in providing, commissioning and organising services of general economic interest as closely as possible to the needs of the users;
• do not affect in any way the competence of Member States to provide, commission and organise non-economic services of general interest;
• provide that the Council, when acting in the area of common commercial policy, must act unanimously when negotiating and concluding international agreements in the field of trade in social, education and health services, where those agreements risk seriously disturbing the national organisation of such services and prejudicing the responsibility of Member States to deliver them; and
• provide that the Union recognises and promotes the role of the social partners at the level of the European Union, and facilitates dialogue between them, taking account of the diversity of national systems and respecting the autonomy of social partners.
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March 2009 – European Council
Following the March European Council, the Taoiseach made the following remarks (full statement available here):
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 "During the Council, I was invited by the Presidency to provide my colleagues with a brief update on progress in fleshing out the commitments made to Ireland at the December European Council in relation to the Lisbon Treaty.
I made clear that we are continuing to work towards the June Council as the point at which we would hope to secure agreement on guarantees for Ireland.
I reminded my colleagues of the importance of the commitments given last December including agreement that, should the Treaty enter into force, the number of Commissioners would not be reduced.
I stressed that these guarantees promised in December must be legally robust in order to reassure the public about the Treaty. Whilst I respect the fact that other Member States do not wish to re-ratify the Lisbon Treaty, I made it clear that for my part the legal guarantees will have to be attached to the EU Treaties at the next possible opportunity.
Presuming that we reach a satisfactory outcome over the coming months, I believe we will have a good basis for consulting the Irish people again later this year."
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December 2008 - European Council
Following the rejection of the Treaty in Ireland in last year's referendum and after consultations by the Oireachtas to determine the main areas of concern, the government presented its requirements at the December session of the European Council of heads of member states. The member states at that session re-affirmed that the Treaty of Lisbon is considered necessary in order to help the enlarged Union to function more efficiently, more democratically and more effectively including in international affairs.
On the issues of concern to Ireland, the Council agreed:
1. Commissioner to be retained: On the composition of the Commission, the European Council recalls that the Nice Treaty requires that the number of Commissioners be reduced in 2009. The European Council agrees that provided the Treaty of Lisbon enters into force, a decision will be taken, in accordance with the necessary legal procedures, to the effect that the Commission shall continue to include one national of each Member State.
2. Guarantee on Taxation: nothing in the Treaty of Lisbon makes any change of any kind, for any Member State, to the extent or operation of the Union's competences in relation to taxation.
3. Guarantee on Neutrality: the Treaty of Lisbon does not prejudice the security and defence policy of Member States, including Ireland's traditional policy of neutrality, and the obligations of most other Member States.
4. Guarantee on ethical issues: a guarantee that the provisions of the Irish Constitution in relation to the right to life, education and the family are not in any way affected by the fact that the Treaty of Lisbon attributes legal status to the EU Charter of Fundamental Rights or by the justice and home affairs provisions of the said Treaty.
5. Workers' Rights: the high importance attached to the issues, including workers' rights, set out in paragraph (d) of Annex 1 will be confirmed:
"Confirming that the Union attaches high importance to:
- social progress and the protection of workers' rights;
- public services, as an indispensable instrument of social and regional cohesion;
- the responsibility of Member States for the delivery of education and health services;
- the essential role and wide discretion of national, regional and local Governments in providing, commissioning and organising non-economic services of general interest which is not affected by any provision of the Treaty of Lisbon, including those relating to the common commercial policy."
In the light of the above commitments by the European Council, and conditional on the satisfactory completion of the detailed follow-on work by mid-2009 and on presumption of their satisfactory implementation, the Irish Government is committed to seeking ratification of the Treaty of Lisbon by the end of the term of the current Commission.
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Results of the June 2008 Irish Referendum on the Lisbon Treaty
On 12 June 2008, the Irish electorate voted by 53.4% to 46.6% against ratification of the Lisbon Treaty.
- Statement by President Barroso following the Irish referendum on the Treaty of Lisbon
- Statement by Commissioner Charlie McCreevy on results of Irish Referendum
After the referendum on the Treaty, a Eurobarometer survey was conducted to understand the reasons for the “yes” or “no” votes as well as non-participation in the referendum. See here for the results of the survey.
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