Dáil debates

Tuesday, 9 April 2019

An Bille um an Ochtú Leasú is Tríocha ar an mBunreacht (Neodracht) 2018 : An Dara Céim [Comhaltaí Príobháideacha] - Thirty-Eighth Amendment of the Constitution (Neutrality) Bill 2018: Second Stage [Private Members]

 

10:45 pm

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick County, Fine Gael) | Oireachtas source

On behalf of the Government, I wish to make the Government’s final contribution to tonight's proceedings. I thank the Members for their contributions to the debate. This is a final opportunity to echo the comments of my colleague, the Tánaiste and Minister for Foreign Affairs and Trade, in categorically emphasising the Government's commitment to Ireland's long-standing and highly valued policy of military neutrality.

That policy is underscored by robust constitutional and legal frameworks which are worth highlighting again. Article 29 of the Constitution provides a framework for our policy of military neutrality. It clearly commits the State to uphold the ideals of peace and friendly co-operation among nations and "the principle of the pacific settlement of international disputes". The Treaty of Lisbon contains a legally binding protocol, negotiated by the Government, which recognises "Ireland's traditional policy of military neutrality" while our Defence Acts provide for the triple lock principle which governs the deployment of Irish Defence Forces overseas. That lock mandates that deployment for overseas peace support operations may only be made if that operation is mandated by the UN; deployment must also be approved by the Government; and if it is proposed to deploy more than 12 personnel, a Dáil resolution must also be approved.

The changes proposed in the Bill undermine rather than strengthen these frameworks and call into question the Executive's authority to take necessary and urgent action when obliged to do so, and to take those difficult yet necessary decisions through the powers entrusted to it by the Constitution. They jeopardise the Executive's authority with respect to external relations. They undermine the efforts that successive Governments have made in the contribution towards global peace and security as they put in jeopardy the State's ability to fulfil its obligations to support UN-mandated actions.

Much has been said regarding Ireland's participation in international crisis management and peace support operations. The Defence Forces have participated in UN-mandated missions for more than 60 years. They are highly experienced and highly regarded. The Irish public is rightly proud of the role they play in the attainment of peace and security. We have an obligation to continue to work towards the achievement of peace and security, whether its through our development assistance, our humanitarian assistance or our active participation in peacekeeping. We have an obligation, too, to share the experience and expertise that we have built up over 60 years of service. Next week, peacekeepers from Bhutan, Namibia and Togo will learn invaluable peacekeeping skills from our Defence Forces at its UN training school. I cannot support a Bill that would curb vital and necessary work undertaken by our Defence Forces overseas. I take this opportunity to commend and thank our Defence Forces for the work they do in putting Ireland's principles and values into action.

To those concerned about Ireland's involvement in NATO's PfP, I reassure the House that the work we undertake though our participation in the PfP is vital to the development of the capabilities and safety of our Defence Forces. There is no desire to become part of NATO, and this participation is not a precursor to membership. It is an international platform for the upskilling of our Defence Forces and serves as a vehicle for the achievement of our foreign policy goals. It has allowed us to highlight and push forward on issues such as the protection of civilians and the implementation of Security Council Resolution 1325 on women, peace and security; disarmament issues; post-conflict recovery, with support to countries such Serbia, Albania, Ukraine and Jordan; the provision of education to reduce the risk of injury to populations by explosive remnants of war; the provision of equipment to defuse improvised explosive devices; and the destruction of anti-personnel landmines.

As to concerns expressed about potential involvement in an EU common defence, let me once again assure the House the European Union treaty makes it clear that there will be no common defence without the unanimous agreement of the European Council. Moreover, Ireland's participation in a common defence is prohibited by Article 29.4.9° of the Constitution. This is reinforced by the Irish protocol of the Lisbon treaty. Any change in that position can only take place with the approval of the people in a referendum to amend the Constitution. May I also address concerns about continuing public participation in the CSDP? The CSDP is an integral part of the European Union's Common Foreign and Security Policy. It provides the Union with an operational capacity to undertake missions outside the European Union for peacekeeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter. We have participated in a number of the EU-CSDP missions. These include peacekeeping operations in Chad, Congo and Bosnia and Herzegovina, training and capacity-building missions in Somalia and Mali, and Operation Sofia in the Mediterranean. All these operations have been mandated under United Nations Security Council resolutions, and, where required, they have been approved by the Government and Dáil Éireann. Given that the existing frameworks and oversight mechanisms work, the role of the Dáil in such operations is clear, strong functions well.

I also want to reassure those who continue to be concerned about the Government's policy on the use of Shannon Airport by the United States. The Tánaiste has made it very clear that this is not incompatible with our traditional policy of military neutrality. The conditions and criteria set out by the Department for the landings of all foreign military aircraft, irrespective of the state they are from, are very clear and are designed to ensure compatibility with our policy of military neutrality. These conditions include that aircraft are unarmed and carry no arms or ammunition, that they do not engage in intelligence-gathering and that the flights in question do not form part of any military exercises or operations are strictly controlled and imposed.

Finally, I take the opportunity to thank all the Members who contributed to tonight's debate but, as I said at the outset, unfortunately, neither I nor the Government will be able to support this Bill.

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