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:

The Constitution is what I go back to, and that entrusts parliamentarians with certain powers on behalf of the people. Articles 29.1, 29.2 and 29.3 set out the principles that were intended to guide the exercise of those powers with regard to war. In 2003, the High Court found that they were merely aspirational, so I would like to see them be given legislative force. In terms of Senator Kyne's request for suggestions, I would go back to that. The Deputy is quite right to highlight the fact that we have stood up very well under immense pressure. I will go back to the point I made earlier that if we have this here at the moment, it is oddly a protector against susceptibility to pressure of a certain kind, and if we take it away without being very clear of what we are putting in its place, we are making a mistake. The assurances that were given very categorically in the beginning of this process on behalf of the Department-----

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