Professor Ben Tonra:

I thank the committee for the opportunity to contribute to its deliberations on the Defence (Amendment) Bill 2025. This legislation needs to be understood in the context of a profoundly altered European security landscape. European states are scrambling to strengthen national defence and security in the face of new and immediate threats, sometimes reversing decades, even centuries-long national defence traditions and postures. Significantly, the credibility of the NATO alliance has been undermined, perhaps fatally, by the current US administration which places little or no value on allies, partners or indeed on international law. The European Union, like Ireland, is itself struggling to determine how best to defend the values of peace, sovereignty, and multilateralism in a world where brute force is increasingly a defining feature of international affairs.

In this light, the Bill’s proposal to remove the requirement for UN Security Council authorisation, the so-called triple lock, marks a significant evolution in Irish policy. It reflects new circumstances in which the UN system is effectively paralysed by great power rivalry, arguably to an even greater extent than during the Cold War itself. More broadly, the Bill proposes granting the Executive greater latitude in the deployment of Irish military forces overseas and does so in several ways. First, it raises the threshold for Dáil authorisation of overseas deployments from 12 to 50 personnel. Second, it specifies a broadened range of potential deployment scenarios to include counter-narcotics, embassy security, hostage rescue, close protection, training, or even sports events. Third, it removes the precondition for UN Security Council authorisation and finally, it specifies the kind of multilateral forces with which such deployments might serve to include UN, EU, OSCE, or “any other regional body” which operates in a manner consistent with the United Nations Charter and international law.

However, with greater flexibility comes greater responsibility. If we are no longer to rely on the Security Council as the gatekeeper of legitimacy, if we are finally to remove the veto given to the five permanent members of the Security Council over Ireland’s overseas military deployment, we must establish robust mechanisms of our own. The suggestion that I make in my formal submission to the committee is that first, a formal legal review should be undertaken as part of each proposed overseas deployment, perhaps conducted by the Attorney General or alternatively by independent counsel, which would attest that the proposed mission does in fact align with the UN Charter and international law. Such a review might then be presented to the Oireachtas alongside any motion for deployment and appropriate hearings undertaken with that evidence presented. Second, it should be considered whether democratic oversight ends with any initial approval. For most states which require parliamentary authorisation of overseas military deployment, parliament retains rights and responsibilities of oversight. An annual review mechanism could empower the Dáil to monitor ongoing missions so as to ensure that our engagement remains within the scope of peacekeeping, conflict prevention, and support for international security.

This Bill is evidence of the fact that Ireland’s defence policy cannot stand still in a world that has changed so dramatically and so very dangerously. This evolution must also occur with constitutional care, legal clarity, and democratic accountability, ensuring that our actions abroad continue to reflect the core values and interests that have long defined Irish foreign policy.