Willie O'Dea (Limerick East, Fianna Fail)

I will explain the current position, although I expected the process to be further advanced at this stage. The interdepartmental group did not wish to finalise its report, although it had much work done, until it received formal written legal advice from the Attorney General. It was received a fortnight ago, although I expected to receive it sooner. Unfortunately, a number of aspects of the advice had to be returned to the Office of the Attorney General for further consideration as some issues were unclear. We expect clarification next week and the interdepartmental group can then send its report to my Department. I will then go to either the Cabinet or the Cabinet sub-committee on European affairs with certain proposals to ascertain views before going to Cabinet.

Deputy Timmins mentioned the legal advice which came from the Office of the Attorney General. Such legal advice is privileged, as the Deputy is aware. I do not normally mind discussing legal advice in such cases and giving some indication of the Attorney General's advice. However, as some points have yet to be clarified, I must be careful with the matter. It is clear from the advice that a constitutional change will not be required according to the Attorney General. A number of technical matters must be ironed out.

I cannot anticipate how my Cabinet colleagues would react to anything which I say and they constantly surprise me. Deputy Gormley may argue that this issue will in some way contravene our neutrality. I believe it does not and as far as I can ascertain, it is the opinion of the majority of the Cabinet that it does not. It is an extension of our peacekeeping role. Any battle group deployed by Ireland will be a joint battle group and be subject to triple lock requirements, including a UN mandate. With regard to Deputy Timmins's comments on distancing the country from the UN mandate requirement and just seeking UN approval, it is interesting to note that Norway did not require a UN mandate until a recent change of government. That new government has changed procedure and the country now requires a UN mandate to participate in battle groups.

Later this month I will probably go to the Cabinet sub-committee on European affairs, if not the Cabinet, with the report of the interdepartmental group and the advice of the Attorney General on outstanding issues.

See this speech in context