Brendan Smith (Cavan-Monaghan, Fianna Fail) | Oireachtas source

We are debating neutrality in the Chamber for the second time in eight sitting days. While this Bill is different from what was debated three weeks ago, it too seeks to enshrine neutrality in Bunreacht na hÉireann. In his introductory remarks Deputy Wallace referred to the Hague Convention. My understanding from the limited research I have been able to undertake on this very important issue is that the first occasion when rules and modalities regarding the pursuit of war were discussed was at the Brussels conference of 1874. These were later enacted by the Hague conferences of 1899 and 1907. These latter conferences migrated into the various Hague Conventions. Arising from the Hague Conventions, detailed rules on neutrality, that is relations between belligerents on the one side and third states on the other, were laid down.

Prior to 1945, and most especially at the time of the enactment of the Hague Convention of 1907, the practice of the declaration of war was pre-eminent, and the Minister of State, Deputy Sherlock, referred to this earlier. These declarations of war by state parties allowed states that wished to be deemed neutral the opportunity to declare so. The official international protocol for declaring war wasdefined in the Hague Convention (III) of 1907 and termed the agreed procedure for the opening of hostilities. It codifies the international actions a country should perform before opening hostilities, in particular in Articles 1 and 2.

The United States Congress has the power under the United States Constitution to declare war. However, neither the United States Congress nor United States law stipulates what format a declaration of war must take. The last occasion on which the United States formally declared war was in 1942. The military campaigns waged in recent decades, particularly in Iraq and Afghanistan which necessitated troop movements through Shannon Airport, were initiated under the authority of the President of the United States without formal approval of Congress. These actions, and others such as the earlier participation in the Korean War in the 1950s, were initiated based on the authority vested in the passing of resolutions by the Security Council of the United Nations.

Since 1945, developments in international law such as the Charter of the United Nations, which prohibits the threat and use of force in international conflicts, have made declarations of war largely obsolete in international relations. However, the central tenet of the Hague Convention (V) of 1907 remains extant and Article 2(4) of the United Nations Charter is important. However, in recent decades Article 2(4) has been sidelined or overlooked frequently when the resolve of the international community of states deemed that the urgent requirement of humanitarian intervention in inter and intra state conflicts overrides the requirements of Article 2(4).

Deputy Wallace selectively quoted from the Hague Convention of 1907 in validating the proposal before us seeking a referendum to enshrine neutrality in the Constitution. His position is advanced by invoking the requirements of Article 2 of the convention. However, contemporaneously one needs to note particularly the content of Articles 6 and 7 of the convention, which refer to the obligations and responsibilities of belligerent and neutral powers.

I repeat what I said three weeks ago, that Fianna Fáil is steadfast in its support of Ireland's policy of military neutrality. It is a policy which we have followed, in and out of government, and it has as a key defining characteristic non-membership of military alliances. This polity of military neutrality has been complemented by strong support for international co-operation for peace and stability. This has been demonstrated in Ireland's participation in UN-mandated peacekeeping operations. Those of us who live in counties and towns which until recently had a good military tradition are very proud of the men and women of Óglaigh na hÉireann who have done us proud in their peacekeeping duties abroad.

Several Defence Acts passed by the Oireachtas mean that Ireland only takes part in missions which are unequivocally authorised by the United Nations and on the basis of a sovereign decision by Government, subject to the approval of Dail Éireann. Furthermore, Article 29 Bunreacht na hÉireann confirms Ireland's devotion to the ideal of peace and friendly co-operation among nations founded on international justice and morality. Article 29 also upholds our observance of the principle of peaceful resolution of international disputes. We do not endorse an isolationist position that could isolate us from friendly nations and partners in Europe and across the Atlantic. Fianna Fáil believes we must take what is positive in this country's tradition and develop it. We have our own distinctive tradition of neutrality and we should be proud of it, and we should use it when we debate European common security and foreign policy. The comments of the recently installed President of the European Commission, Mr. Juncker, on the possibility of the formation of a European army were reprehensible.

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