Dáil debates

Wednesday, 30 March 2022

An Bille um an Naoú Leasú is Tríocha ar an mBunreacht (Neodracht), 2022: An Dara Céim [Comhaltaí Príobháideacha] - Thirty-ninth Amendment of the Constitution (Neutrality) Bill 2022: Second Stage [Private Members]

 

10:22 am

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

These conditions are applied to all international partners and are not specific to individual states. They will continue to be applied. Moreover, as Deputies will be aware, there are already provisions in the Constitution that underpin Ireland's foreign and security policy framework. In particular, Article 29 establishes the framework within which Ireland conducts its international relations. For example, Article 29.1 states, "Ireland affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality." Article 29.2 confirms that Ireland adheres to the principle of the peaceful settlement of international disputes. Article 29.4.9° sets out 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 of the European Union where that common defence would include the State." Indeed, the protocols attaching to the Lisbon treaty specifically recognised Ireland's policy of military neutrality, stating inter alia, "The Lisbon Treaty does not affect or prejudice Ireland's traditional policy of military neutrality."

Of course, international deployments of the Defence Forces other than for humanitarian purposes are subject to the triple lock of a UN mandate, Government approval and in the case of deployments of more than 12 personnel, Dáil approval.

I will add a few words about the current international and geopolitical context. We are living in completely unprecedented times. Russia's appalling actions in Ukraine demonstrate an utter disregard for international law, the UN charter and Europe's collective security architecture, including Russia's own commitments under the Organization for Security and Co-operation in Europe, OSCE.

We need a fresh conversation here in Ireland about our own approach to security and defence, a mature and honest debate about the world that is and Ireland's place in it today. The Taoiseach has already made clear that Ireland's neutrality is fundamentally a policy decision. He has indicated that the issues involved could, at an appropriate time, be discussed through a citizens' assembly or a similar framework. To an extent, part of this conversation has already begun through the work of the Commission on the Defence Forces. We have already had a long debate on that commission and I suspect we will have more.

It is important these conversations are allowed to take place in an open and evidence-based way and at an appropriate time. Inserting provisions now into the Constitution on military neutrality without allowing for a serious discussion of the threat environment Ireland and its EU partners now face and the appropriate response to that threat simply closes off that conversation before it has properly even begun. This is the context in which the Government opposes this Bill and the constitutional amendments proposed here by the Deputies.

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