Simon Harris (Wicklow, Fine Gael)

I propose to take Questions Nos. 7, 11, 12, 39 and 55 together. There is a very fair question on this later. The deployment of any troops to Ukraine would have to be in the context of a peace agreement. We are not talking about sending our troops to a warzone or a place where there is an active war. It would only be in the context of a peace agreement. I do not believe we should recuse ourselves from that conversation. Our peacekeepers serve with absolute distinction. I am open to considering their being sent on a peacekeeping mission to Ukraine, if there was peace. However, all the talk about peace is happening while Putin continues his reign of terror. We might return to that in a moment.

I thank Deputy Clendennen for his questions. I previously clarified my intentions with regard to the proposed amendments to legislation governing the overseas deployment of the Defence Forces in the proposed defence (amendment) Bill. This was agreed by Cabinet on 4 March this year. As I mentioned, the pre-legislative scrutiny process which provided an Oireachtas all-party committee with the opportunity to examine the Heads of the Bill and to consult directly with stakeholders on the draft heads of the Bill, was completed at the end of July. I thank the committee for its work. My Department is examining the committee’s report on the matter. We will give serious consideration to the recommendations the committee has put forward, some of which are very sensible.

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 underline that the legislation in place currently allows members of the UN Security Council, by means of a veto or often a threat of a veto, to bind Ireland's hands in its international engagement. 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 and it is simply untenable for the Government to continue with this policy.

I strongly believe therefore that such considerations on international engagement should be within our sovereign control and the decision making within remain the remit of the Government and the Dáil, which have been democratically elected by the people of Ireland.

I recognise, however, that in removing the UN Security Council mandate requirement, alternative safeguards are needed to underpin the future despatch of Defence Forces personnel. I am genuinely up for having a detailed discussion on this when we produce the full Bill and, therefore, in parallel to removing the UN mandate requirement, I have proposed that the governing principles will be included in law and will be underpinned in primary legislation. These have been proposed in the Bill I published. It will require that the mandate of these operations must be consistent with and must adhere to the principles of the UN Charter and international law. These principles are being refined further to ensure appropriate legal effect as part of the drafting process. I say on the record of the House that I am open to considering whether they need to be tightened further or whether other structures need to be put in place because we owe it to any Irish peacekeepers and want to make sure they are deployed on a peacekeeping mission only in line with UN Charter and in line with international law. That is this country's record of peacekeeping.

As I mentioned earlier, it is my intention is to bring this Bill to the Government in the coming months. The speed at which that Bill progresses is a matter for the Oireachtas. I hope to commence discussion on the Bill this year. There will be plenty of time, as there needs to be, to debate the draft legislation in the Dáil and the Seanad, and ample opportunity to scrutinise the proposals at each stage.

Concerning the role of the UN General Assembly, the UN Charter unequivocally sets out the primacy of the UN Security Council with regard to all matters relating to international peace and security. While the General Assembly can make recommendations to member states, resolutions of the General Assembly cannot compel action. The charter is clear on that. Ultimately, while the UN General Assembly can make recommendations to member states, under the UN Charter the Security Council alone has the power to take decisions which member states are obliged to implement. In practice, therefore, UN peacekeeping operations are only ever deployed on the basis of mandates from the UN Security Council and overseas deployments to peacekeeping operations involving the Defence Forces has only ever taken place on the basis of that Security Council mandate.

Finally, as I have outlined and I wish to continue to stress, the Government has been clear that it has no desire to alter Ireland’s policy on military neutrality and the amendments proposed will do nothing to change Ireland’s traditional position of military neutrality, which is characterised by Ireland's non-participation in any military alliance. Our engagement overseas will continue to be firmly and exclusively grounded in the principles of the UN Charter and of international law.

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