Oireachtas Joint and Select Committees

Thursday, 26 June 2025

Committee on Defence and National Security

General Scheme of the Defence (Amendment) Bill 2025 : Discussion (Resumed)

2:00 am

Mr. Joe Noonan:

More work needs to be done on the alternatives, but I will give the Senator some ideas immediately. The provisions in the Constitution that were decided by the High Court in the Horgan case in 2003 to be merely aspirational, could be written into the legislation and thereby made operative. That would be a good, concrete, constitutional and legislative thing to look at. We can do that sort of thing and cast a cold eye on the decision-making process we are already subject to within the EU, where the scope of the Union is expanding into military territory. It is interesting to hear the criticism of Kallas here that she is speaking in some way as an outlier when she is really just echoing what President von der Leyen says in different ways and at different times. We have to be careful about all of these factors that are sitting back waiting for us to remove that barrier, which is an impediment in their view. We look to our own Constitution and our own internal way of making decisions to find the guardrails the Senator is talking about. It is at the end of my document as well.

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