Oireachtas Joint and Select Committees

Wednesday, 15 July 2015

Joint Oireachtas Committee on Public Service Oversight and Petitions

Shannon Airport Landings: Discussion (Resumed)

4:15 pm

Mr. Patrick Smyth:

I will make two or three very brief points. I have to respond to the point made by Dr. Devine on the idea that we have already signed up to the Article 5 commitments. The Lisbon and Nice treaties both refer specifically to respecting Ireland's traditional policy of military neutrality. Article 29.4.9° of the Constitution specifically states the State will not sign up to a common defence policy. It is very clear to me that we do not regard ourselves as committed to a common defence policy. The overall treaty certainly contains clauses on a defence union, but we are clearly exempt from these clauses by virtue of the Constitution and the wording of the treaties I have mentioned.

The point has been made that the Hague Convention refers to neutrality in times of war. We need an operational definition of times of peace, but this is much more complicated. Although I believe in neutrality in the sense that we should not join any military alliance, I do not believe holding a referendum would be a good idea. We have had bad experience with referendums. I do not believe they are the best way of ascertaining the people's will or inserting something into the Constitution. We end up amending amendments and amendments to amendments. We are now discussing amending the article on abortion.

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