Dáil debates

Wednesday, 16 January 2019

Ratification of EU and NATO Status of Forces Agreements: Referral to Select Committee

 

5:05 pm

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail) | Oireachtas source

Fianna Fáil will be supporting the proposals to ratify the SOFA that will facilitate the participation of Ireland in the EU battle groups. The Minister of State is correct that this is about providing the immunities, privileges and process for the joint co-operation that is happening anyway. When he is replying, perhaps he might explain the problems that he and the Department have had regarding letters of exchange. In many ways, it was an Irish solution to an Irish problem for something on which we have co-operated over a long period. This year, in ratifying the agreement, we are providing for and protecting Irish men and women who serve abroad. It will enhance their training and also their protection while on any foreign mission.

When Ireland plays a role in a crisis management situation it is important that we provide for the legal certainty for members of our Defence Forces. In 2016, the Germans questioned the letters of exchange regarding the German-led battle group and for the 2020 battle group. Perhaps the Minister of State will elaborate on that. Reference was made to some reputational damage in that regard. This has been ongoing since the 2000s, a long time before the Minister of State's tenure in the Department. Why has it taken so long, going between Departments and the Attorney General, to see this agreement ratified when it is found for within the Lisbon treaty as the Minister of State mentioned?

I welcome the fact that there is democratic legitimacy to this motion being provided in Dáil Éireann, even though it is currently covered within treaty law. When Fianna Fáil was last in Government we supported the development of the EU's rapid response capability in support of the United Nations. This is in keeping with our State's long tradition and policy of support for the United Nations' multilateralism and for the Security Council as the lead authority for the maintenance of international peace and security. Among the operations in respect of which a battle group could be deployed are those of a humanitarian nature involving as assisting, if requested, the authorities in a state that has been devastated by a natural or man-made disaster where there is unlikely to be a UN Security Council resolution because the situation may not involve any security issues. In 2006, Ireland was involved with the Nordic battle group with the EU and this provided for a military response. In the context of this agreement it is important to note that the SOFA protects Irish troops who are abroad. I welcome that. It is also important that we put on the record that this is part of Ireland having an approach that reflects an active neutrality. This is extremely important. An active neutrality reflects the reality that our sovereignty is secure, that our democracy is functioning well and that, in fact, Ireland is one of the most successful democracies in the world.

It also reflects the fact that we are at a juncture in our development where we have an enhanced opportunity to focus on what we have to offer other members of the international community. An active neutrality says that we have a duty to share our lessons of our experience of peace building on this island and peacekeeping on the international stage with others who may benefit from them. As part of the triple lock and maintaining our status of neutrality we can offer an independent role on that basis but we have to be involved to play a positive role and ignoring the EU SOFA and ignoring co-operation does not achieve that.

It is important that we are a bridge between the developed and the developing world, a global leader in the fight against poverty, disease and underdevelopment and an intermediary and facilitator in peace processes. In that regard it is important that we should not just abandon the triple lock, specifically the requirement in the 1954, 1960 and 1993 Defence Acts that there would be a UN mandate when sending a contingent of 12 or more armed Irish troops overseas. It is important that we reflect that Ireland's policy of military neutrality is a positive policy. We need to ensure that we continue a multilateral approach and continue the triple lock but that we also co-operate with others so that we can defend our country and others against the threats of the 21st century. Our participation in the agreement allows that.

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