Joe Costello (Dublin Central, Labour)

This reflects the discussion we had earlier on Deputy Timmins's query about establishment. It is well covered in the new legislation. The Explanatory Memorandum states:

Section 1 [of the Bill] amends the definition of "International United Nations Force", as provided for in the 1960 and 1993 Acts, to reflect the changes in the organisation and structure of forces deployed on Peace Support Operations under a UN mandate, in particular, the use of regional organisations to provide forces for peace support operations. It also reflects the variations in the language used in UN Security Council Resolutions, such that, the Permanent Defence Force will not be precluded from participating in a UN peace support operation, solely on the basis of the specific language used in a resolution.

Once again, the language used was "established". This mission was not established by the United Nations. It is a EUFOR operation. The United Nations was not responsible for establishing it but it authorised it. The same situation arises in this case. Are seven people deployed in the Congo for whom there is no strict legal basis under the 1960 or the 1993 legislation? We cannot pursue the matter any further until we examine the Attorney General's legal opinion given to the Minister but there is a question mark over it because the purpose of this legislation is to rectify that situation.

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