Gerard Craughwell (Independent)

I want to put my questions in context. I do not believe Ireland is a neutral country within the internationally accepted meaning of the word. Neither is Ireland a non-aligned country, as it has never joined or associated itself with the Non-Aligned Movement, which comprises 120 member countries. My personal wish is for Ireland to become for the first time since Independence, a truthful, honourable and militarily resourced neutral state similarly to the only two remaining true European neutral states, Austria and Switzerland, and the former neutral states Finland and Sweden, which left neutrality in 2023 and 2024, respectively.

The Hague Convention V, respecting the rights and duties of neutral powers, was signed on 18 October 1907. The convention codifies the obligations of countries declaring themselves to be neutral. Ireland was not a contracting power as the convention pre-dated Independence, but neither has a post-Independence Ireland ratified the convention or imported it to domestic laws, as confirmed in the High Court judgment by Mr. Justice Kearns in the case of Horgan in 2003. Hague 1907 forms part of that body of law called "customary international law". In essence, it is states' practice over time. I am sure Professor Murphy will agree with that one.

Article 22 of the said convention states:

Non-signatory powers may adhere to the present Convention. The Power which desires to adhere notifies its intention in writing to the Netherlands Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government.

At the beginning of the Second World War in 1939, there was a government in the Netherlands. Ireland could have submitted its neutrality intent. It did not and to my knowledge it has not at any stage, ever, declared its neutrality.

Is Ireland a neutral country in the context of customary international law? If the witnesses believe it is, what are the tangible elements leading to any assertion of Ireland's being a neutral country other than the Government stating it was without such an assertion being contested with empirical evidence? If Ireland is a neutral state, why is it that currently Austria and Switzerland, and until recently Finland and Sweden, pursued their neutrality in a polar opposite way to the way Ireland has pursued its alleged neutrality?

Article 2 of the Hague Convention 1907 states, "Belligerents are forbidden to move troops or convoys of either munitions of war or supplies across the territory of a neutral Power." Ireland's borders are land, sea and air. In light of recent and ongoing opposition and political and media outcry about US military and US-contracted aircraft passing through Irish airspace and carrying munitions of war, how could Ireland, if it were to be actually a proper neutral state, comply with the requirements of international law on such issues with the historical and current dysfunctional state of the Defence Forces?

Does any neutral country have a triple lock and where does this leave sovereignty? I would be interested in the witnesses' thoughts on increasing the ceiling from 12 to 50 troops before the triple lock applies? What are their thoughts on adding new permitted activities abroad by our troops or Defence Forces? I am specifically speaking about counter-narcotics, evacuation operations and the protection of our embassies and diplomats overseas. I believe there is a lot of common ground in what has been submitted by the witnesses and I am not arguing the Government's case regarding the triple lock. However, I do not see a relationship between the triple lock and neutrality of any sort. The witnesses adverted repeatedly to the UN Security Council. Where does that leave us with regard to Article 52 of the UN Charter? With Article 52, as they will be aware, regional organisations can set up on their own arrangements.

Ireland has decided, as the witnesses pointed out in their submissions, to opt out of any European military arrangement.

Should the European Union decide to opt out of any protection of Ireland? It is only fair that one side does exactly what the other side does. I am sorry. There are a lot of questions but I have seven minutes and I needed to get them in.