Oireachtas Joint and Select Committees

Thursday, 24 January 2019

Select Committee on Foreign Affairs and Trade, and Defence

Ratification of EU and NATO Status of Forces Agreements: Discussion

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael) | Oireachtas source

-----and it is important that we do that. The advice of the Attorney General expressly indicated the SOFA agreements could not legally apply in Ireland as foreign militaries could not be based in Ireland due to the provisions of Article 15.6.2o of the Constitution. The advice allowed for Article 15.6.2o to be interpreted in such a way that SOFAs could apply in Ireland in certain cases such as transit or attendance at conferences by foreign troops, should the Government so decide. On foot of the Attorney General's advice, and having considered the matter in detail, the Government took the decision as a matter of policy not to apply the provisions of SOFAs in such situations. The decision was endorsed by Government in its decision to make explicit reservations on ratification of the agreements. The proposed reservations state clearly, without any room for interpretation, that Ireland will not receive state aid for the purposes of the agreements.

The Deputy mentioned the exchange of letters and said it was a simple way, but it is not.

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