Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I reiterate the opposition of the Government to the Bill. Indeed, while I oppose the Bill strongly myself, I acknowledge that it has been valuable to have a debate. In particular, I am grateful for the opportunity to make it perfectly clear that the Government remains committed to Ireland's long-standing policy of military neutrality. During the last Government's term of office, this was reinforced again and again. In my own Department, the statement on foreign policy, entitled "A Global Island" approved by the Government in January 2015, clearly states that our policy of military neutrality remains a core element of Irish foreign policy. This was further reinforced in the ten-year strategy for defence policy set out in the White Paper on defence approved by the Government in July 2015 and committed to in the 2016 programme for partnership Government as set out in the amendment. That makes clear the policy the Fine Gael Party has consistently pursued in government. I brought the Global Island policy to Cabinet myself while my colleague, the then Minister for Defence, the Minister, Deputy Simon Coveney, brought the White Paper on defence to Cabinet as stated by the Minister of State, Deputy Paul Kehoe, earlier this evening. In shaping these policies, we were operating in a robust constitutional and legal context.

As is made clear in the Government's amendment, Article 29 of the Constitution provides a framework for our policy of military neutrality. It commits the State to uphold the ideal of peace and friendly co-operation among nations and to the principle of pacific settlement of international disputes. In respect of EU law, the Lisbon treaty contains a legally binding protocol negotiated by the Irish Government which recognises explicitly Ireland's traditional policy of military neutrality. In terms of primary legislation, the Defence Acts provide for the triple lock which continues to govern the deployment of Irish Defence Forces personnel overseas. It mandates that deployment for overseas peace support operations may only occur where the operation is mandated by the United Nations. Deployment must also be approved by the Government. If it is proposed to deploy more than 12 personnel, a Dáil resolution must be approved. The triple lock provides strong parliamentary oversight of the deployment of Defence Forces personnel. Ireland's strong commitment to the policy of military neutrality is complemented by a strong commitment to the United Nations and its work around the world. Irish troops participate in peacekeeping and, where necessary, peace enforcement around the world.

Our Defence Forces personnel have a well-deserved high reputation internationally for their contribution, which extends unbroken over more than 50 years. We are all immensely proud of our peacekeepers. As the House is aware, 573 Irish Defence Forces personnel are currently serving with UN missions in places of the most difficult and challenging conflict across the world. If the provisions before us today were to be inserted into our Constitution, a question mark would be placed over whether Ireland could continue to fulfil its obligations to support UN-mandated actions, particular peace enforcement missions under Chapter 7 of the UN Charter.

I submit that there is an even more fundamental point as to why this Bill should not be passed. Being a member of the executive of any state is an immense responsibility. It requires Ministers to take what are quite often difficult decisions in what they determine to be in the public interest at the time. The fundamental responsibilities of the Executive branch of the Irish Government are clearly set out in Bunreacht na hÉireann. These are solemn duties to be discharged with care and diligence. They are not to be lightly transferred to another branch of Government as an unattended consequence of an unnecessary constitutional amendment. It would be wrong for the Executive to abdicate its responsibilities under Article 29 of Bunreacht na hÉireann. Moreover, in cases where the UN Security Council has adopted a resolution mandating action to maintain and restore international peace and security, all UN member states, including Ireland, may be obliged under the terms of the resolution to offer appropriate assistance. This Bill could have the effect of constraining the ability of the Executive to fulfil these obligations.

In other cases, a decision by the Dáil to respond to a UN request for support could end up before the courts should the provision proposed in the Bill be inserted into the Constitution. The grounds for challenging a decision of this nature would be considerably expanded by the Bill. That goes to the heart of my opposition to it.

The Constitution mandates that the Executive power of the State, in its external relations, is conferred on the Executive branch, not on the judicial branch or the courts. These are the solemn duties and responsibilities of those of us who have the privilege of serving in government. We take these responsibilities extremely seriously, as I know all Members of the Oireachtas take their responsibilities as elected representatives most seriously.

There has been considerable comment on Shannon Airport. I reject the assertion by Deputies that the use of the airport is in some way at odds with our long-standing policy of military neutrality. The Government permits foreign military aircraft to land at Shannon Airport if, and only if, they comply with a series of conditions, including that they are unarmed, carry no arms or ammunition, do not engage in intelligence gathering and are not part of any military exercises or operations. By any measure, these are conditions of the most strict nature and are imposed because of our military neutrality.

Our policy on Shannon Airport has been in place under successive Governments for decades - almost as long, indeed, as our policy of military neutrality. There is no incompatibility between the two policies. I wish to stress that these conditions are applied to all landings of foreign military aircraft, including those from the United States of America. That the largest numbers of applications are received from the US results from geographical factors. We do not vary the conditions depending on the state from which an aircraft comes. There is no favouritism as far as this is concerned.

Ireland remains strictly neutral and objective in applying the same strict conditions to the use of our airport by military aircraft belonging to all member states. Therefore, I am satisfied that Ireland's long-standing policy of military neutrality is efficiently safeguarded through existing constitutional provisions, the protocol of the Lisbon treaty, the Defence Acts and the long-term policy strategies adopted by Governments. Moreover, the policy enjoys widespread public support and all democratically-elected Governments can only govern with the support of the people.

I wish to thank all Members who contributed to the debate. I reaffirm my opposition and that of the Government to the Bill.

See this speech in context