Simon Harris (Wicklow, Fine Gael)

I propose to take Questions No. 2 and 4 together.

I thank Deputy Gibney for the question. As she is aware and has alluded to, I brought forward the general scheme of the defence (amendment) Bill 2025, which amends the legislation underpinning overseas deployments of the Defence Forces. This was agreed by Cabinet on 4 March. The Bill will, among other things, provide for the modification of the existing requirement regarding the dispatch of the Defence Forces for service outside the State as part of an international force. Under the current proposals in the general scheme to amend the existing legislation, the requirement for a UN mandate will be removed. I wish to again underline that the legislation in place currently allows members of the UN Security Council, by means of a veto or indeed threat of same, to bind Ireland's hands in its international peacekeeping engagements. The veto by a UN Security Council member on a proposed resolution for a full and unconditional ceasefire in Gaza on 4 June last is further evidence of this. It is simply untenable for this Government to continue with this policy.

I recently saw some people at a press conference opposing the abolition of the triple lock and then asking me to send the Navy to the humanitarian blockade in Gaza. There would not be a UN mandate to do that. The inconsistency in respect of this is quite breathtaking.

I strongly believe that such consideration on international engagements should be within our sovereign control. The people of Ireland decide where our peacekeepers go. Their democratically elected officials decide, not people who have never received one vote in any constituency in this country. That is how our democracy works. It is how many neutral countries work as well. The triple lock is not the norm in other neutral countries. In my view and the view of the Government, the decision-making should be within the remit of the Government of the day and the people's representatives in Dáil Éireann, people who have been democratically elected.

I very much recognise, however, that in removing the UN Security Council mandate there is a need to provide alternative safeguards to underpin the future dispatch of Defence Forces personnel.

I am very open to the Deputy. This is why we publish draft legislation and have pre-legislative scrutiny. I am very open to working across the House on this. So far my thinking on this is that in parallel with removing the UN mandate requirement, I have proposed that governing principles will be included in the legislation. Those already proposed in the draft Bill will require that the mandate of these operations must be consistent with and adhere to the principles of the UN Charter and international law. The UN Charter is the bedrock here. If there is a view that we need to strengthen that, I am happy to engage. In assessing any request to participate in a mission, among the main considerations are its compliance with Irish law and our foreign policy. Other elements include consent of the host nation. This is important as I have heard people asking if this could apply to non-peacekeeping or peace enforcing. Further elements are trust in partners in the operation and that the operation operates in accordance with international law and is consistent with the UN Charter. In evaluating proposals to join an operation consideration of the legal framework, rules of engagement, concept of operations also form the basis of deliberations. I would also like to highlight the current legal framework that applies for EU military missions. Under Article 21 of the Treaty of the European Union the Union’s action shall be guided by the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.

During the drafting process these principles will be refined to make sure we provide legal effect to them, and I would welcome any further suggestions on safeguards from the committee and from Members. I look forward to the pre-legislative scrutiny report of the Committee on Defence and National Security. I wish to underline again that the proposed amendments to the legislation are in keeping with Ireland’s values and policy of being militarily unaligned and being militarily neutral, and these changes do nothing, and do not wish to do anything, to undermine that policy. As this House is aware, Ireland’s policy of military neutrality is characterised by the non-membership of military alliances or common or mutual defence arrangements, which is set out in the Constitution. These legislative proposals have no effect on the Constitutional provision that underpins this policy.

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