Willie O'Dea (Limerick East, Fianna Fail)

As Deputies will be aware, I established an interdepartmental group comprising representatives of the Department of Defence, the Defence Forces, the Department of the Taoiseach, the Department of Foreign Affairs and the Office of the Attorney General to examine all issues relating to Ireland's potential participation in an EU-led rapid response capability force. As part of its study, the group recommended changes to current legislation concerning overseas service. The main elements of these changes concern the updating of the Defence Acts in respect of UN-mandated peace support operations, humanitarian operations, overseas training and exercises and a number of avoidance-of-doubt provisions. The requirement for this amending legislation arises irrespective of our participation in battle groups.

The advice of the Attorney General, contained in the report of the interdepartmental group, is that members of the Permanent Defence Force may only be despatched for service outside the State as part of an international United Nations force, that is, a force established or authorised by the Security Council or the General Assembly of the United Nations. However, as the Deputy will be aware, since the Defence Forces were established, members of the Permanent Defence Force have served overseas for many other reasons, including carrying out official representational duties, undergoing training, representing the Defence Forces at sports events etc. The deployment of personnel in Brussels as part of Ireland's commitment to Partnership for Peace would fall within the ambit of these types of duties, as would the deployment of personnel in the permanent representation to the EU, the permanent mission to the UN and our representation to the OSCE.

Ireland's presentation document for participation in Partnership for Peace was approved by Dáil Éireann on 9 November 1999 and, following Dáil approval, Ireland joined on 1 December of that year. It is implicit in being a participant in any international arrangement such as Partnership for Peace that appropriate staff will be deployed in the relevant liaison office. Currently, there are two military officers and one full-time and two part-time civil servants from my Department serving in the Partnership for Peace liaison office in Brussels. The part-time civil servants also have European Union responsibilities.

Additional information not given on the floor of the House.

Having regard to the advice from the Attorney General to the effect that there is no formal basis in the Defence Acts for the despatch of Permanent Defence Force personnel on such duties, I believe it important that the matter be put beyond doubt. I am taking the opportunity in the Defence (Amendment) Bill 2006 to do this. With the co-operation of the Oireachtas, I hope to have this legislation enacted before the summer recess.

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