Ms Bernie Maguire:

I thank the Cathaoirleach and committee members for the opportunity to discuss the general scheme of the defence (amendment) Bill. I am an assistant secretary in the Department of Defence with responsibility for defence and security policy and legislation. I am joined by colleagues from the Department including Clare Tiernan, an assistant secretary who has responsibility for defence capability people policy. During the discussion to follow, my colleague Ms Tiernan and I will lead on answers for our respective policy areas. The programme for Government sets out the commitment to reform the operation of the triple lock while also ensuring that amendments to the legislation are in keeping with Ireland's values and policy of military neutrality. On 4 March, the Government approved the drafting of a Bill along the lines of the general scheme of the defence (amendment) Bill. The purpose of this Bill, Parts 1 to 3, is to consolidate with amendments the existing provisions in the Defence Acts concerning the overseas dispatch of members of the Defence Forces outside the State. As part of this process, the Bill will repeal the Defence (Amendment) (No.2) Act 1960 and the Defence (Amendment) Act 2006 and will provide for consequential amendments to the Defence Act 1954.

It will provide for the removal of the existing requirement regarding the triple lock in respect of the despatch of the Defence Forces for service outside the State as part of an international force.

Part 4 includes amendments to the Defence Acts to provide for the suspension, in certain circumstances, of a member of the Defence Forces and associated matters that will give effect to recommendations contained within the report prepared and submitted on 7 October last by Mr. Peter Ward SC on the management of members of the Defence Forces charged with or convicted of serious criminal offences. Part 5 of the general scheme relates to the proposed amendment to the Courts-Martial Appeals Act 1983 to clarify the timeframe within which any appeals to the Court of Appeal can be made on a finding made by a court martial or sentence issued by a court martial.

The Defence (Amendment) (No. 2) Act 1960 governs the statutory basis for the despatch of Defence Forces personnel to an international United Nations force. This forms the basis for what has in more recent years being referred to as the triple lock which holds that there must be a UN mandate; Government approval is required; and where more than 12 Defence Forces personnel are being despatched overseas as part of an international force, Dáil approval is also required. Therefore, if the Government decides to send one or two military personnel to an international force, it must have a UN mandate. The number 12 is relevant only in respect of the need for Dáil approval if the Government decides to despatch more than 12 military personnel to a UN-mandated mission.

I will now move on to the main provisions of the Bill. Part 1, concerning preliminary and general matters, includes standard sections regarding the Title of the Bill, commencement provisions and definition of key terms. Part 2 is a new Part XIV of the principal Act and concerns definitions and despatch of Defence Forces personnel. This provides for the insertion of a new Part XIV to the Defence A relating to the despatch of members of the Defence Forces outside the State. Head 6 provides for the despatch and deployment of contingents or members of the Defence Forces for service outside the State with an international force. Subhead (1) of that head provides that a contingent of the Defence Forces may be despatched and deployed for service outside the State as a part of an international force only if approved by the Government and, where required by the legislation, a resolution has been passed by Dáil Éireann.

Subhead (3) sets out the circumstances in which a contingent of the Defence Forces may be despatched outside the State for service with an international force without a Dáil Éireann resolution. The circumstances are as follows: the contingent consists of not more than 50 members, or the contingent is being despatched for the purposes of replacing in whole or in part a contingent that was previously approved for despatch under this subhead. Subhead (6) sets out the governing principles that will apply in respect of the despatch and deployment of members of the Defence Forces outside the State as part of an international force. Head 7 provides for the despatch of a contingent or member of the Defence Forces for service outside the State for purposes other than service with an international force. In the main, the purposes reflect the purposes currently set out in section 3 of the Defence (Amendment) Act 2006. In addition, the new legislation will facilitate deployment for the purposes of undertaking civilian evacuation operations and participating in operations to combat illicit drug trafficking by sea and air. Heads 8, 9 and 10 reflect existing legislative provisions.

Turning to Part 3, the purpose of heads 11 to 20, inclusive, is to provide for consequential amendments to the Defence Act 1954 to reflect the new provisions relating to the despatch of members of the Defence Forces for service outside the State and the repeal of the existing legislation. Part 4covers heads 21 to 26, inclusive, and sets out amendments to the Defence Act 1954 to facilitate the implementation of key recommendations of the Ward report. Part 5 provides for an amendment to section 13 the Courts-Martial Appeals Act 1983 to clarify the timeframe within which any appeals to the Court of Appeal can be made from a finding made by a court martial or a sentence issued by a court martial.

In conclusion, I thank committee members for their time. My colleagues and I welcome all questions members may have on the provisions of the general scheme.