Willie O'Dea (Limerick East, Fianna Fail)
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I move: "That the Bill be now read a Second Time." As this is my first opportunity to do so since the Ceann Comhairle's election, I wish him the best, as well as a long sojourn in that Chair, to which he is well suited. I am pleased to bring this Bill before the House and thank Members for agreeing to take it at short notice. However, before going into detail on the Bill, I wish to take this opportunity to extend my sincere condolences to the family, friends, Air Corps and Defence Forces colleagues of the two pilots who tragically lost their lives while on a training mission earlier this week. I was shocked and saddened to learn of the untimely deaths of Captain Derek Furniss, an experienced instructor, and Cadet David Jevens who died when their two-seater light aircraft crashed on a remote mountain valley in Connemara. Our sympathies and prayers are with their families, friends and colleagues. Both men will be a major loss to the Air Corps and the Defence Forces.

This is a short Bill, which gives effect to the provisions of the national declaration on the Lisbon treaty relating to Ireland's participation in certain activities of the European Defence Agency, EDA. It also puts in place approval procedures for any participation by Ireland in Permanent Structured Cooperation. The Bill introduces the requirement for prior approval of the Government and Dáil Éireann for participation by Ireland in certain projects run by the EDA and in Permanent Structured Cooperation.

In accordance with the terms of the national declaration, the Bill also provides that any participation must be for the purposes of enhancing capabilities for UN-mandated missions for peace-keeping, conflict prevention and strengthening international security, in accordance with the principles of the United Nations Charter. The Bill also introduces a triple-lock type mechanism in respect of any decisions regarding Ireland's participation in these initiatives. This is similar to the triple lock we have for the deployment of Defence Forces personnel on peacekeeping operations overseas. As is the case regarding all defence issues within the European Union, any decision by Ireland to participate in the projects of the EDA or in Permanent Structured Cooperation remains fully and completely within Ireland's control. Moreover, participation in either will not affect Ireland's traditional policy of military neutrality. The Bill provides that participation in EDA projects and in Permanent Structured Cooperation can take place only where the Government is satisfied that such participation will enhance capabilities for United Nations-mandated missions. Under the Bill, any decision by the Government also must be endorsed by Dáil Éireann.

Before outlining the Bill's provisions, as a useful background context, I will outline briefly the European Union's role and that of the EDA in the development of capabilities and provide Members with an overview of Permanent Structured Cooperation. The European Union is developing a range of capabilities and capability standards to support its deployment of military capabilities in support of the Petersberg Tasks. As Members are aware, the Petersberg Tasks are an integral part of the European Union's European security and defence policy, ESDP. They cover humanitarian and rescue tasks, peacekeeping tasks and tasks of combat forces in crisis management, including peacemaking. The European Defence Agency was established under a Joint Action of the Council of Ministers on 12 July 2004, during the Irish Presidency, "to support the Member States and the Council in their effort to improve European defence capabilities in the field of crisis management and to sustain the European Security and Defence Policy as it stands now and develops in the future". The EDA affords EU member states the opportunity of keeping track of best practice in modern technology in the development of capabilities. This process is designed to address and overcome shortfalls in capabilities. Such shortfalls could impede the efforts of EU member states to achieve the capacity to undertake appropriate crisis management missions.

Ireland has participated in the framework of the agency since its establishment. It is important to note that participation in the framework of the EDA imposes no specific obligations or commitments by Ireland other than a contribution to the budget. This is used to fund the agency's day-to-day operating expenses. Participation in the EDA means that Ireland has access to research and information on developing and maintaining professional capabilities. This is research we cannot self-generate. Ireland's objectives in participating in the agency are to achieve economies of scale in defence procurement and to keep abreast of best practice and new developments in the defence environment, particularly as it affects multinational crisis management operations. It is vitally important to the protection of our troops when they are deployed on UN-mandated peacekeeping operations that the Defence Forces have access to the latest developments in these fields. My primary concern as Minister for Defence is to be able to provide the best protection possible for our troops.

Since 2007, Ireland has participated in the joint investment programme on force protection run by the European Defence Agency. This project is an important enabler in the development of technologies to protect troops from threats such as snipers, booby traps and improvised explosive devices, IEDs. Body armour, sensors and systems to counter explosive devices are key elements of the programme. As part of the EDA's annual work programme we also are involved in ongoing work on, among other things, defence against chemical, biological, radiological and nuclear explosives threats, improved communications systems for use on the ground in operations, health and medical support for EU military operations and the development of improved counter-IED measures, which is a capability that enables military forces to operate safely in an environment where such devices are present.

As for Permanent Structured Cooperation, this simply allows for a group of member states to come together, under the EU umbrella, to make available to the Union higher-end capabilities for the more demanding EU operations. It is not clear at this stage how Permanent Structured Cooperation might work, as no such arrangements currently exist. However, it could be the case that a number of member states may come together to provide the Union with, for example, large aircraft or helicopter transport capabilities. In addition, Permanent Structured Cooperation could facilitate the sharing or pooling of assets like helicopters. This would eliminate duplication and allow these capabilities to be made available more economically for ESDP operations. For Ireland, the important thing is that any participation in Permanent Structured Cooperation arrangements will be entirely voluntary and the legal guarantee puts this beyond any doubt. As I have already stated, it is not clear how Permanent Structured Cooperation might work in practice. However, this is an issue that will be discussed in greater detail at appropriate level in the EU, where Ireland can ensure that its values and principles are fully represented.

Member states recognise that they have an obligation to ensure their troops have the necessary capabilities when serving on ESDP crisis management operations. As such, member states' participation in Permanent Structured Cooperation arrangements and EDA projects is a mechanism for ensuring that these capabilities are available. Member states working together within the EU can do this more effectively. The Bill recognises that Ireland already participates in the framework of the agency and notes the purposes for which it was established. Ireland's participation in the framework of the agency is not subject to the provisions of the Bill.

The main provisions of the Bill are contained in sections 2 and 3. Section 2 deals with Ireland's participation in projects or programmes established under Articles 20 and 21 of the joint action establishing the agency. Section 3 deals with Ireland's participation in permanent structured cooperation, Article 42 of the Treaty of European Union as amended. Section 1 is a standard provision on the terms mentioned in the Bill. It sets out definitions for the Council joint action establishing the European Defence Agency, EDA, the Treaty on European Union, the Treaty of Lisbon and United Nations mandated missions that, as outlined in the guarantees, are authorised by the Security Council or the General Assembly of the United Nations. Section 2(1) provides that participation by Ireland in projects and programmes established under Articles 20 and 21 of the joint action will be subject to prior approval by the Government and Dáil Éireann.

Article 20 of the joint action allows for the establishment of a project or programme that shall presume general participation by the participating member states, unless a member state specifically opts out. Article 21 of the joint action allows for the participation of a group of interested member states to come together to establish, finance and develop specific projects of mutual interest that are within the remit of the agency. Section 2(2) requires that the Government should only approve participation if it is satisfied that such participation will contribute to enhancing capabilities for UN-mandated missions for peacekeeping, conflict prevention and strengthening international security, in accordance with the principles of the United Nations Charter. The text of the provision is drawn directly from the national declaration by Ireland, annexed to the Lisbon guarantees.

Section 3(1) provides that any decision enabling Ireland to participate in permanent structured cooperation shall require the prior approval of the Government and the approval of Dáil Éireann. The national declaration by Ireland on permanent structured cooperation does not contain a similar UN qualification to that pertaining to the EDA. The arrangements for permanent structured cooperation should be consistent with the arrangements for participation in EDA projects. I have therefore included the qualification that participation in permanent structured cooperation will contribute to enhancing capabilities for UN-mandated missions for peacekeeping, conflict prevention and strengthening international security, in accordance with the principles of the United Nations Charter. This qualification is set out in section 3(2) of the Bill. Section 4 sets out the Short Title.

I remind the House that the European security and defence policy is an integral part of the Common Foreign and Security Policy. This encompasses the EU's international obligations to the maintenance of international peace and security. Military capabilities are but one element among a wide range of instruments the EU can deploy in this regard, which include economic, political, administrative, rule of law etc. Ireland's participation in UN-mandated peacekeeping operations is undertaken within the framework of the EU's European security and defence policy. This is a continuation of our long and honourable tradition of support for multilateral arrangements in the maintenance of international peace and security.

While military capabilities are but one element among a wide range of instruments the EU can deploy in its international obligations to the maintenance of international peace and security, it is a very important element. As Minister for Defence, I am committed to ensuring that we can contribute effectively to UN mandated operations. Also, I am committed to ensuring the Defence Forces have the best protection and the best equipment possible for participation in UN-mandated operations. In this regard, where an EDA project or a permanent structured cooperation arrangement has the potential to assist in the enhancement of capabilities for UN-mandated operations I will consider the merit of such of project or arrangement in terms of Ireland's participation. I commend the Bill to the House.

Jimmy Deenihan (Kerry North, Fine Gael)
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I join with previous speakers in congratulating the Ceann Comhairle on his elevation to such an important office in this House. Having worked with Deputy Kirk in different positions in the past I am confident he will be a very fair Ceann Comhairle. He will bring to this House the same sense of fairness as his predecessor and my fellow countyman Deputy O'Donoghue.

I join the Minister in offering my condolences to the families of Captain Derek Furniss and Cadet David Jevens, two young men taken in the prime of their lives. I thank the Minister for including me and Deputy O'Shea in the service at Baldonnel last night. It was a poignant service and it was important that we were there to support the families. They deeply appreciated it.

On behalf of the Fine Gael Party I welcome this Bill. It is timely in the context of the recent Lisbon treaty referendum. The issue of Ireland's relationship with Europe in all its aspects, including military aspects, was debated in the two referendums on Lisbon. One of the most welcome aspects of the second Lisbon debate was that the public, as research shows, came to have a greater understanding of the treaty, including issues such as the military relationship with the EU if the treaty was passed. Members of this House must ensure we provide the electorate with the necessary information on all aspects of the European project. This includes issues such as the EDA and permanent structured cooperation.

A lack of information breeds suspicion with some people and paranoia with a vocal minority. This House and its Members must be in the business of giving information, not just rhetoric. This debate is a chance to offer information on the EDA, to reassure the electorate that Ireland's membership of the EDA and permanent structured cooporation is no threat to our interests, but of benefit.

The issue of defence is tied up with the issue of neutrality in Ireland. Neutrality has become a key, yet divisive, issue in Ireland. People have concerns that our neutrality is being compromised and that we may end up in NATO or introducing conscription. Neither is on the agenda and I can assure the House that neither will happen whenever Fine Gael is in government.

Ireland's neutrality was recently described as an odd creature. Nowhere in law or in the Constitution is neutrality defined. While it was mentioned in past centuries its modern version was the product of one man, Éamon de Valera. During the War of Independence, as President of the Republic, de Valera suggested in a US newspaper article that an independent Irish Republic would offer a guarantee to Britain of its neutrality. In other words, the Republic would not participate in a war against Britain and would not allow Britain to be attacked from Ireland. He modelled it on the then relationship between the United States and Cuba.

He resurrected the idea, or as they say now he recycled the idea, during the Second World War but, like much associated with de Valera, it was ambiguous. While we did not join the Allies, and certainly had no intention of joining the Axis, we backed the Allies in numerous ways, from spying on German diplomats in Ireland to tipping off the Allies about incoming weather patterns to allow them to plan the right day to launch D-Day. The reality is that in the Second World War we were allied to the Allies, even if not an actual member.

What neutrality means in Ireland is still ambiguous. While neutrality is officially defined under the Hague Convention, in reality many states do not follow that strict definition. Ireland certainly does not. Ireland does not practice the strict neutrality of some European states, where they have developed large expensive armies for self-defence. Instead our neutrality has been passive; it is reflected by what we do not do rather than what we actually do. Neutrality has been a matter of practical reality and not legal necessity.