Paul Kehoe (Wexford, Fine Gael) | Oireachtas source

If I do that, I can be absolutely assured that I would be accused of trying to pull the wool over everyone's eyes. I am not saying that Deputy Ó Snodaigh would say that, but other Members of these Houses might. I am being open, transparent and honest because I understand that this is a very sensitive area for many people. As the Minister of State at the Department of Defence, I feel this is the right thing to do for members of our Defence Forces.

Deputy Ó Snodaigh started by mentioning other states. What other states do is a matter for them. Ratification of the SOFAs by Dáil Éireann would provide privileges for our personnel and protect them. It is not a means to enable forces to avoid responsibility for any illegal actions; that is certainly not the intention.

The Deputy asked why this is happening now. I have had the privilege of working in the Department of Defence since 2011, and this has been an issue since then. I raised it with Ministers when I was in opposition also. I am not sure whether I raised it on the record of the House, but I know for a fact that I raised it with them privately. I was told this is a very challenging legal matter that required extensive engagement with the Office of the Attorney General. It has had that engagement over a long period. It is my decision to proceed with this process at this juncture, but it is important to acknowledge that the case of ratifying the EU SOFA has grown over recent years, given the difficulties we have experienced in completing the exchange of letters in certain instances. That exchange of letters involves an exchange of national correspondence between Ireland and either the lead state of the relevant operation or the host state. The relevant privileges, immunities and indemnities for Irish Defence Forces personnel operating on overseas missions or operations are outlined and agreed through correspondence. An exchange of letters with lead or host nations on missions and exercises is necessary in the absence of the SOFA. Ireland is unique in having to pursue the exchange of letters in terms of the Partnership for Peace, PfP, activities where the EU PfP SOFA is applied. Finland, Sweden and Austria, all neutral countries, have ratified the EU SOFA. In the negotiations the exchange of letters presented significant challenges for both Ireland and the lead or framework nation in terms of the process and engagement in the content. For some states, such an exchange of letters may require parliamentary approval or involve cumbersome national administrative procedures. In the case of the last German-backed movement in 2016, it was not possible to negotiate the required exchange of letters, either in respect of the headquarters contingent or the pre-deployment training contingent. As a result, Ireland could not participate in the live training exercise in Germany in 2016, and the HQ staff on the mission were employed on a very different status basis from other EU colleagues.

We have members of the Irish Defence Forces who are treated like tourists. They had the very same rights as any tourist would have. They were working with a range of different member states who had the privileges provided by the SOFA. If anything had happened, those Defence Forces members would have had to go to the ambassador to seek assistance. I believe that is absolutely wrong, and that is why I want to correct it. I want to give them the rights of every other member state and to provide the same rights to them as the people they are working alongside have. The Department, the Defence Forces and I were all told that we would not be able to participate in the German battle group in 2020 if we did not have the SOFA in place. The Minister of the host country stated to me that we cannot have this exchange of letters any longer and that it must be done through a legal framework, meaning that the SOFAs have to be in place. That was another reason I was so determined to have this put in place on a proper, legal footing.

I have mentioned the approval of Dáil Éireann and the exchange of letters. Deputy Ó Snodaigh mentioned the possibility of an EU army. The Treaty of Lisbon does not provide for the creation of a European army or for conscription to any military formation. Any change to this position would require a treaty change, and no such change is proposed. The protocol on the concerns of the Irish people on the Treaty of Lisbon specifically states: "The Treaty of Lisbon does not provide for the creation of a European army or for conscription to any military formation" and, "The Treaty of Lisbon does not affect or prejudice Ireland’s traditional policy of military neutrality." It was stated, when I was bringing permanent structured co-operation, PESCO, through the Dáil, that this was the start of an EU army. Nothing could be further from the truth; the opposite is provided for in the Lisbon treaty protocols.

When this was brought through the Dáil a couple of weeks ago many people did not understand what a SOFA is. The simplest way of describing this is that it is designed to give members of the Irish Defence Forces the very same legal rights and status of forces as all other member states. When I explained that to the ordinary people on the street over the past week or week and a half they were shocked that this was not in place already. They wondered whether this raises issues around our military neutrality, but it absolutely does not. The members of the general public I have spoken to, and I have no doubt that many other members of the general public are educating themselves on this issue, cannot understand why this is not in place already.

We all talk about the great work that members of the Defence Forces do, and rightly so. In saying that, if we are to respect the work that they are doing overseas, we should be giving them the same rights and privileges as all other member states.