Willie O'Dea (Limerick East, Fianna Fail)

He raised again the old question of established and authorised. I gave a commitment in the House in reply to oral parliamentary questions that I would publish the advice of the Attorney General if I could. To publish the advice which the Government gets from the Attorney General, one must get the permission of the Attorney General. So far I have not got that permission. However, I can say that the Attorney General who gave that advice was the Attorney General in the Labour-Fine Gael Government, Dermot Gleeson, a very eminent lawyer, whose advice I would hesitate to dispute. His advice was that the word "established" in the Defence Act 1960 includes "authorised". A force established by the United Nations enables us to participate in a force put together by somebody else at the request or with the authorisation of the United Nations. That was his clear legal advice.

Deputy Costello asked also whether people going abroad under section 3 on ceremonial duties, training, reconnaissance and so on would be on active service. My advice is that they are not on active service. If a person is being put on active service which involves certain consequences, that must be done specifically by way of legislation. I am advised that people going abroad as part of an international peace force are on active service because they are specifically deemed to be on active service by the 1960 Act. Section 5 of the Defence Act——

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