Paul Kehoe (Wexford, Fine Gael) | Oireachtas source

I thank Deputies for their comments and contributions. I very much respect the views on all sides of the House and the concerns raised. Deputies have highlighted the importance of our military neutrality and our reputation for peacekeeping. However, the public would also consider it important that the brave men and women of Óglaigh na hÉireann serving overseas are protected, like all other military personnel operating on the same mission or exercise are protected. We would also want our personnel to benefit fully from the training available through exercising with peacekeeping partners and contributing states where such opportunities are available. In the face of increasingly complex crisis management operations, such exercises can contribute extensively to the capacity and capability of any mission. Ratification of the SOFAs can deliver these benefits for members of our Defence Forces without in any way compromising or diminishing our traditional policy of military neutrality.

The SOFAs will offer members of our Defence Forces equal protections and immunities as our colleagues from other countries where they are working alongside them on missions and operations abroad and ensure they are not restricted to such operations or exercises. As previously outlined, the EU and Partnership for Peace SOFAs are standard agreements which apply in regard to certain EU and NATO-led overseas crisis management operations and exercises. They provide members of the Defence Forces with the same immunities and privileges as all other contributors without the requirement for complex side agreements between Ireland and other contributors, which is currently the case. In regard to the PfP SOFA, it is important to note that the EU crisis management operations and battlegroups have operated under this agreement where there has been third-state participation in operations, and it is very common that security and policy missions and operations also involve third-state participation from non-EU member states.

These third states are usually states party to the PfP SOFA but not party to the EU SOFA. As such, it is more appropriate to apply the PfP SOFA in that context. Ratification of the SOFA means simply that the Defence Forces can acquire the privileges of these arrangements as a matter of right rather than having to rely on difficult exchanges of letters between jurisdictions which may or may not be concluded on their behalf. In the past, issues have arisen unnecessarily in relation to the completion of the exchange of letters through no fault of either party concerned. As outlined by Deputy Jack Chambers, this was a reality in 2016 during Ireland's participation in the German-led battle group when Germany advised that it could not facilitate the exchange-of-letters arrangements on time due to legal, constitutional and parliamentary requirements. As a result, Ireland could not participate in the field exercises undertaken by all other participants in the German battle group.

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