Dáil debates

Tuesday, 22 March 2022

Pre-European Council Meeting: Statements

 

4:40 pm

Photo of Seán HaugheySeán Haughey (Dublin Bay North, Fianna Fail) | Oireachtas source

The Russian invasion of Ukraine will, no doubt, dominate the forthcoming meeting of the European Council. We know it was the main issue considered at the special meeting of the Council held in Versailles on 10 and 11 March. Russian actions are illegal, unprovoked and unjustified and constitute war crimes by any objective criteria. There have been indiscriminate killings of civilians and attacks on buildings and critical infrastructure. We are all horrified by the scenes we witness on our television screens every evening and by the enormous pain and suffering being visited on the Ukrainian people.

Ireland, with its unique history and tradition, must continue to press for an early cease fire and a negotiated settlement, however unrealistic this may seem at this time. We must do this at the UN Security Council, at the Council of Europe, in the European Union and we should support the role of the International Criminal Court in this context. Countries like Turkey, France, Germany and Israel are to be encouraged to continue their efforts to have a peace agreement put in place.

It is entirely appropriate that the US President Joe Biden will attend the European Council meeting this week. Democracy in the world is under serious threat. Authoritarian regimes such as those in Russia and China challenge western liberal democracies. The invasion of Ukraine ordered by Vladimir Putin has brought this conflict to a head in a stark way. Recognising the threat to liberal democratic values in the world, President Biden hosted a democracy summit last December. He has spoken about the battle between democracies and autocracies. We know what side Ireland is on. We are on the side of the West. We advocate free trade as well as a rules-based international order and multilateral diplomacy. I commend our Taoiseach, Deputy Micheál Martin, for the unambiguous stance he has taken in recent weeks on this global challenge.

The EU has rightly imposed several rounds of sanctions on Russia, but have we gone far enough? I do not think so. The EU imported an estimated €12 billion worth of oil and gas from Russia since the start of the conflict. It also imports large amounts of coal. There are divisions within the EU on this matter. Of course, there is a huge energy dependence on Russia in this regard and this certainly needs to be reduced, but the time has come to include energy supplies in EU sanctions and I welcome Ireland's stance on this issue.

On the question of EU enlargement, we know that President Zelenskiy has asked for Ukraine's application for EU membership to be fast-tracked. Ambassadors for Ukraine, Georgia and Moldova recently attended a meeting of the Joint Committee on European Union Affairs to make their case for membership. North Macedonia and Albania are in the waiting room, as are Serbia and Turkey. It is clear from the Versailles summit that some member states are resisting Ukraine's membership in the short term. It seems that regional rivalries, unease in the western Balkans, and concerns about the scale and scope of EU budgets are issues of concern. Ireland has and should continue to support enlargement as a general principle. Enlargement is good for Ireland and it is good for the EU. The process of accession has been too slow and cumbersome, and it is questionable whether the political will is there to encourage this. I hope the European Commission will give a positive report to the summit this week on Ukraine's application.

Increased fuel prices are affecting everyone in this country. We are told that Ireland is seeking flexibility on the application of VAT on fuel. We need to reduce VAT on fuel to below its current lower rate of 13.5%. I also hope the European Commission will respond positively to this request at the forthcoming summit.

It seems a bit academic or even indulgent to be engaging in a debate on Ireland's traditional policy of military neutrality while innocent civilians are being killed in towns and cities across Ukraine. However, a debate is inevitable given the dramatic events in Europe in recent weeks and the realisation that things have changed, and changed utterly.

From a legal point of view, we need to first examine the EU treaties, specifically the Lisbon treaty, as well as the Constitution. A protocol to the Lisbon treaty states that the treaty "does not affect or prejudice Ireland’s traditional policy of military neutrality." Article 29(4)(9) of Bunreacht na hÉireann, which was added following the defeat of the first Lisbon treaty referendum, states that "The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to Article 42 of the Treaty on European Union where that common defence would include the State." Article 42 of the Lisbon treaty makes provision for a mutual assistance clause. They are the legalities but we need to begin with the fact that we are members of the universal collective security organisation known as the United Nations, as well as the European Union. Therefore, any pure notion of neutrality is compromised from the start. We are not part of a military alliance, specifically NATO. Although we participate in NATO's Partnership for Peace, we should not contemplate NATO membership.

It is also fair to say that we are not politically neutral, as our response to the Ukraine invasion clearly demonstrates. We need to be fully involved in proposals for a new EU common security and defence policy following the Ukraine invasion. As regards Ukraine, so far Ireland, in the EU, has collectively agreed to tough sanctions and has provided humanitarian assistance as well as non-lethal equipment through the European peace facility.

We participate in EU Battlegroup and Permanent Structured Cooperation, PESCO, missions and pay into the European defence fund. We are also involved in the proposed rapid reaction force and we signed up to the strategic compass at a meeting of the foreign affairs ministers in Brussels this week.

As a general principle, we should participate in specific missions that are compatible with our traditional peacekeeping role. We should have the ability to opt in or out of missions and we should draw a distinction between EU and non-EU territories as necessary. I also believe we need to be able to defend and arm our neutrality. We have the report of the Commission on the Defence Forces, and I look forward to the Minister presenting his proposals in this regard in the coming months. A debate on Irish neutrality can and should take place in due course. It is too early to say if a referendum is needed, having regard to the constitutional provisions which I referred earlier, but a referendum on the issue is certainly not needed now.

Finally, the Russian invasion of Ukraine has demanded a huge humanitarian response to the consequent refugee crisis. So far, almost 10,000 Ukrainian refugees have arrived in Ireland and they are most welcome, but they require accommodation and other essential supports. This is a challenge that requires a whole-of-government response and cross-departmental action.

There is also a huge refugee crisis on Ukraine’s borders. I welcome the €20 million provided so far by the Irish Government for humanitarian assistance in the region as well as the €11 million provided through the EU mechanism for practical help in Ukraine. Ambassadors from Poland, Romania, Georgia, Moldova and Ukraine attended our meeting of the Joint Committee on European Union Affairs earlier this month. They outlined for us in stark terms the refugee crisis they are facing in their countries. We were in awe of their response and the support they are being given by the governments in those countries. Certainly, the EU and Ireland should do everything possible to assist them in that regard.

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