THE GOVERNMENT has agreed to consult the legal service of the EU's Council of Ministers to explore the type and drafting of opt-outs and declarations that could make the Lisbon Treaty palatable to the Irish public.
Taoiseach Brian Cowen said yesterday he had agreed to a proposal by French president Nicolas Sarkozy to begin talks with the legal service in the run-up to the next EU summit in December.
"We are prepared to go into that process in good faith, " he said, but insisted no decision had been taken on re-running the referendum.
The council's legal service is responsible for drafting EU treaties in consultation with member states. It has also devised legal formulas to enable states to opt out of parts of treaties.
In his speech to EU leaders on Wednesday, Mr Cowen signalled four particular areas where the Government would need to seek clarification: the future composition of the commission; issues related to defence; social/ethical matters; and tax. Asked yesterday if a second referendum was now the only viable option, Mr Cowen said: "We'll discuss it in December when it will be far clearer what the options might be."
He also reaffirmed his own commitment to Lisbon, and stressed that all Ireland's EU partners remained committed to it.
"I supported the referendum, convinced that we have to be at the heart of Europe. I am convinced of that.
"Obviously there is a huge body of opinion - not shared by the Irish people as things stand - that sees the need for stronger institutions, for better decision-making processes, for more effective decision-making to make sure we can deal with challenges that transcend national boundaries."
The French president told reporters that Lisbon was essential for the EU to operate effectively because it created a stable presidency of the union.
"We can't work as we are doing, changing every six months . . . You shouldn't be afraid of the stable presidency of the European Council. Europe is not about the lowest common denominator," he said, citing fears expressed by many states over how the EU would have responded to the Georgian crisis if a big state like France were not holding the rotating presidency.
Mr Sarkozy also suggested that if the Government could not come up with its own proposals on Lisbon in December he may propose his own.
"We will define the elements of a solution in December, and I shall have the opportunity to make proposals," he said. "No doubt, I shall have to visit Ireland again," he added.
The fear among Irish diplomats is that frustration at the slow progress in Dublin will develop and others will attempt to impose their own solutions to Ireland's Lisbon dilemma.
However, Minister for Foreign Affairs Micheál Martin said other leaders had accepted the Government's "bona fides" on finding a solution.