Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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2. To ask the Minister for Defence if he will provide an update on the possible ending of the triple lock mechanism prior to Irish Defence Forces participating in overseas missions. [36427/13]

Paul Kehoe (Wexford, Fine Gael)
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The statutory authority for the despatch of contingents of the Permanent Defence Force for service overseas as part of an international force is set out in section 2 of the Defence (Amendment) (No. 2) Act 1960, as amended by the Defence (Amendment) Act 2006. This provision is commonly referred to as the “triple lock”. However, personnel may be deployed for training, for humanitarian operations and for other such reasons, under the authority of the Government in accordance with the provisions of the Defence (Amendment) Act 2006, which formalised arrangements in this regard.

Ireland's policy in regard to the triple lock was most recently underpinned by the adoption by the people of the Lisbon treaty in 2009. Ireland's act of ratification of the Lisbon treaty was reinforced by the associated national declaration which states “that the participation of contingents of the Irish Defence Forces in overseas operations, including those carried out under the European common security and defence policy requires (a) the authorisation of the operation by the Security Council or the General Assembly of the United Nations, (b) the agreement of the Irish Government, and (c) the approval of Dáil Éireann, in accordance with Irish law”.

The White Paper on defence, which was published in 2000, has provided the policy framework for defence for the past 13 years. In the period since its publication, there have been significant changes in the defence and security environment and the defence policy framework has continued to evolve. In this context, the Government decided there is a requirement to prepare a new White Paper on defence. This will provide the policy framework for defence for the next decade. A Green Paper on defence was published last Tuesday. It will initiate a broad public consultative process which will provide for members of the public and interest groups to input their views as part of the process of developing the new White Paper on defence.

In this context, the Green Paper will engender discussion on all relevant matters, including the triple lock. The Green Paper states that the approval procedures that govern the despatch of contingents of the Permanent Defence Force on overseas peace support operations, commonly known as the “triple lock”, comprise three requirements, namely, the authorisation of the UN, the Government and the Dáil.

Additional information not given on the floor of the House

The legislative basis for the participation by the Permanent Defence Force in overseas peace support operations as part of an “International United Nations Force” was originally provided for by the Defence (Amendment) (No. 2) Act 1960. The legal provisions were updated in 1993 to permit participation in Chapter VII of the UN Charter - UN mandated operations mounted under this chapter are commonly known as “peace enforcement” operations or missions - and again in 2006 to take account of developments in peace support, including the UN's increased reliance on regional organisations, such as the EU, the North Atlantic Treaty Organisation, NATO, and the African Union, AU. The requirements of the triple lock were formally set out in Ireland's national declaration associated with the ratification of the Lisbon treaty.

The requirement for a UN resolution as part of the triple lock reflects the central importance of the UN in granting legitimacy to peace support and crisis management missions. At the same time, it also constitutes a self-imposed, legal constraint on the State's sovereignty in making decisions about the use of its armed forces. This could prevent the State from participating in a peace support operation. In 2003, the EU-led peace support mission EUFOR Concordia in the Former Yugoslav Republic of Macedonia was welcomed in UN resolution 1371 in terms that did not conform to the requirements of the Defence Acts at that time. Accordingly, Ireland could not participate in the mission. The benefits of a formal legislative requirement for UN authorisation must be weighed against the possibility that this constraint may lead to an inability to act on occasions where there is a pressing moral or security imperative and overwhelming international support to do so, but where UN sanction is not forthcoming in circumstances where a veto is exercised by a permanent member of the Security Council acting in its own national interests.

It is acknowledged that there is substantial public support for the triple lock mechanism and that, in practical terms, due to the size of our Defence Forces, the State only has a limited capacity to contribute to UN missions. In real terms Ireland has, in the context of its size, punched above its weight and made a valuable, disproportionate contribution and, save for the example of the Former Yugoslav Republic of Macedonia, has not been excluded from peacekeeping engagements by the triple lock. On balance, the advantages of retaining the mechanism can be seen as outweighing the disadvantages. Having said that, it is an issue worthy of discussion in advance of theadoption of a new White Paper.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Eight members of our Defence Forces were deployed to Mali without any debate in this House because the number was below the threshold of 12 troops. The Minister will know the concerns that were expressed about that, given the track record of the Malian Government, its army and the human rights issues there. Today, we had 60 minutes to discuss the deployment of 150 Irish troops to the Golan Heights and the very significant concerns about their safety, considering that the Austrian Government withdrew its troops from the same region due to safety concerns after the removal of sanctions on weapons being provided to Syrian rebels.

We should be involved in peacekeeping, in which we have a proud legacy. We are proud of our troops in Lebanon and elsewhere, but they must be in blue helmet operations. There must be more debate and discussion. In my supplementary question I will return to some suggestions I have about the triple lock.

Paul Kehoe (Wexford, Fine Gael)
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As I said in my reply, the Green Paper was published last Tuesday and there is a paragraph in it on the triple lock in respect of overseas deployment. The Join Committee on Justice, Defence and Equality will discuss the Green Paper. I will talk to the Chairman of the committee, Deputy David Stanton, about ensuring the committee allocates time for a debate on it. Perhaps that can be done when the Dáil resumes early in September. It will provide an opportunity to all Members to have a say.

With regard to the motion we discussed this morning about sending a mission to the Golan Heights, when considering any mission, we consider the ability to protect the health and safety of our personnel going abroad. Of course, some form of danger faces every mission going abroad. We must be realistic about that. They are peacekeepers and they are going to dangerous situations, but the best advice available to us is from the Chief of Staff. He says the Irish Defence Forces will be willing and able to combat any situation out there and will be able to do the job the UN has tasked us with doing.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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We would argue that the triple lock of the UN, the Government and the Dáil is really a double lock because the Government of the day obviously has a majority in the Dáil, as was the case today. It is really a UN and Government decision. The difficulty, as we have seen, is that not all UN Security Council resolutions are implemented consistently. It is certainly not consistent. The Government needs to add another lock. The Minister referred to the Joint Committee on Justice, Defence and Equality. We would argue that the committee is the fourth lock, or a quadruple lock. It could bring in experts on the region. We could do this quickly. We could convene in an emergency, even during the recess. The members could all come in, as that is their responsibility. We could invite experts on the war situation and relevant civil society groups and have a detailed, informed debate. They could make their presentations to the committee, the committee could formulate its opinion and submit it to the Government prior to these debates, which are basically people reading out statements about an issue as important as the safety of our troops. We will make this submission on the Green Paper when the opportunity arises over the recess. We would argue for strengthening the debate and discussion. We could do it as an emergency and get everyone together. However, we should make that happen before we carry out that deployment.

Paul Kehoe (Wexford, Fine Gael)
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As I stated this morning, the Minister for Defence will consider a detailed threat assessment from the Defence Forces to ensure the security of personnel before any deployment takes place to UNDOF. He will reassess the situation on an ongoing basis.

I would welcome a submission from Sinn Féin or any party in advance of the White Paper. I accept what Deputy Mac Lochlainn said about the Government having a majority on this side of the House. I do not wish to be flippant, but that is democracy. Any decision the Government, the Department of Defence or the Dáil makes is not taken lightly. Everything was taken into consideration. The safety of our troops going to the Golan Heights was a paramount consideration. Our aim is to make sure they return home safely. However, there are dangers on every mission.

The members of the Defence Forces understand that they may be obliged to deploy in dangerous situations. All we can do is hope and pray that they return home safely.

Peter Mathews (Dublin South, Independent)
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The Deputy who tabled Question No. 3 is not present so we will proceed to Questions Nos. 4 and 5, which are being taken together.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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To clarify, will we each be given the same amount of time in which to pose supplementary questions?

Peter Mathews (Dublin South, Independent)
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As a result of the fact that two questions are being taken together, the time for each Deputy will be doubled. The Minister of State will have four minutes in which to make his reply and there will then be eight minutes for supplementary questions. Each intervention subsequent to the Minister of State's original contribution will be limited to one minute.