John Gormley (Dublin South East, Green Party)

Does the Minister agree that the United Nations is not so much a comfort blanket as the basis of international law? On what legal basis is the triple lock founded? Does the Minister agree that section 2(1) of the Defence (Amendment) (No. 2) Act 1960 does not state that service outside the State by Defence Forces contingents can only be with a United Nations force but stipulates instead that service with a United Nations force can only be pursuant to a resolution of the Dáil? Will the Minister be clear on this? While I support the triple lock, I want to know its legal basis and the legal advice available to the Minister on it.

With regard to the implications of the new EU constitution, Article 40.2 is clear. It states:

The common security and defence policy shall include the progressive framing of a common Union defence policy. This will lead to a common defence, when the European Council, acting unanimously, so decides.

That is one aspect. The crucial point, however, is the clear statement in Article 40.7 that: "Until such time as the European Council has acted in accordance with paragraph 2 of this Article, closer cooperation shall be established, in the Union framework, as regards mutual defence." Is it not clear that involvement in closer co-operation as regards mutual defence is not compatible with the triple lock the Minister claims he does not want to abandon?

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