Oireachtas Joint and Select Committees
Tuesday, 1 July 2025
Committee on Defence and National Security
General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed)
2:00 am
Alice-Mary Higgins (Independent)
Link to this: Individually | In context | Oireachtas source
Like others, I thank the witnesses. I want to pick up on a couple of the points that have come in. The first one is an apples and oranges scenario as the issue is mixed up a little bit. On Deputy Smith's point, the key point is that it is not a question of whether a General Assembly resolution is binding. The question is whether a General Assembly resolution allows us, in terms of our 2006 Act, which sets out that we can act in relation to it. It is a question of whether it is permissive for us under our legislation, not whether it is binding. Of course a NATO or EU mission would not have a Security Council imprimatur either. If we remove the triple lock, we will be operating without the Security Council in any case on any mission. We have had strong overpowering UN resolutions on issues such as Gaza. Should we aim to have a UN resolution as a collective interpretation of international law and the UN Charter as a guidance point for a mission that might be operating outside a UN Security Council mandate?
The standard of Irish command has been emphasised and Ms O'Brien mentioned the caveats that were attached to Irish participation. Some of that has changed. The 2021 Act allows the Minister to delegate the power of command and control to the head of an international force in a way that previously was not possible. Is that not the case? Does not that bring a slightly different question in terms of how we ensure that particular Irish experience and expertise of command that we may have had before?
Specifically, the focus has been on peacekeeping. I know that is where the expertise of the witnesses and that of Ireland lies.
However, the legislation also provides for strengthening international security. What do the witnesses understand “strengthening international security” to mean that is different from peacekeeping or peace enforcement and different from the eight exemptions? What kinds of missions do they see under “strengthening international security”? Is there anything that excludes?