Willie O'Dea (Limerick East, Fianna Fail)

My answer was a bit long. I was trying to reply to all the different issues raised by Deputy Timmins.

We hope to have the new legislation published and passed through the Houses of the Oireachtas before the summer recess. That is our plan. The new legislation will enable the Irish Government, without having a UN sanction, to send people abroad for training. It is also intended to enable the Government to deploy troops, which it cannot currently do, on a humanitarian mission. For example, we found recently with regard to the tsunami and the flooding situation in New Orleans that we had to ask for volunteers for such humanitarian missions. The Attorney General advises us that under Irish law, we do not have the right to order people abroad on such missions. In most of those cases there is no international crisis so accordingly there is no UN resolution.

Under the Defence Act 1960, as amended in 1993, we are entitled to deploy troops, provided the requisite requirements are met, on a UN established mission. Deputy Sherlock is aware that, increasingly, the UN is subcontracting out, so to speak, some of this work to regional agencies such as the EU or the Organisation of African States. That is called an authorised mission. It is not established directly by the UN but authorised by it. We are advised by the Attorney General that the wording of the defence legislation probably extends to an authorised mission, although we are taking a chance on that. However, we have noticed in recent times that the UN tends to use different language such as "support" or "calls on to support". We will ensure that such a situation is covered and that our legislation will enable us to participate in a mission where the wording used is not "established" or "authorised" but perhaps "calls on" or "supports" and so on.

With regard to Deputy Sherlock's question about Ireland having a different model of neutrality to that of Sweden, I do not know what the Swedish model is. However, a UN resolution is not a legal requirement for the Swedes to deploy troops abroad. However, I understand it is a political requirement. The Swedes would be very slow to deploy troops on a foreign adventure without the sanction of the United Nations.

Deputy Sherlock raises a good point about international pressure. If we are in a situation whereby a battle group is ready to go and the United Nations resolution has not been passed, will we be under pressure in terms of the battle group not being able to operate because we cannot go? That is precisely why, in the discussions in Oslo on putting together these multinational battle groups, there will be built-in redundancy. There will be provisions to cover a situation whereby one or more participants in the multinational battle group cannot participate for one reason or another. That will be an essential feature of multinational battle groups. Otherwise the situation envisaged by Deputy Sherlock would arise.

We have a situation whereby there is a fixed number of troops, a fixed number of countries with a fixed contribution to a particular battle group. We might contribute perhaps only 20 explosives and ordnance personnel. The UN resolution might not have been passed, everything is ready and people are about to be slaughtered, but the battle group will not be able to move because we cannot send our 20 people owing to the lack of the UN resolution. Such a situation would apply tremendous pressure and compromise the integrity of national decision-making. That is why there will be a built-in redundancy provision so that someone else can step in during such a situation.

Deputy Sherlock also asked about our neutrality. That will not be compromised in any way. Traditionally, Ireland participated in international peacekeeping missions in the traditional way whereby the United Nations contacts various countries and deploys a group. Recently, the United Nations has been contracting out work to the EU or the Organisation of African States, for example. The deployment of battle groups is simply an extension of that. Various situations have arisen in recent times where, collectively, civilised countries have not been able to act quickly to prevent slaughter and massacre and to save people's lives. The battle group concept exists to meet that type of situation.

Ireland will look at each case. The battle groups are designed to carry out the Petersberg Tasks. If we think that any battle group of which we are part is being asked to do anything which constitutes common defence, going to war or anything of that nature, we will not participate. It will be decided case by case and within the terms of Bunreacht na hÉireann which specifically prohibits us from becoming engaged in common or neutral defence.

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