Dáil debates

Wednesday, 12 July 2017

Defence Forces Operations: Motion

 

10:05 pm

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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I move:

That Dáil Éireann approves, pursuant to section 2 of the Defence (Amendment) (No. 2) Act 1960, as applied by section 2 of the Defence (Amendment) Act 2006, the deployment of a contingent of the Permanent Defence Force to serve as part of EUNAVFOR MED - Operation Sophia, and in accordance with United Nations Security Council Resolution 2312 (2016) and UN Security Council Resolution 2357 (2017), and subject to renewal of the UN mandate/authority thereafter.

Is it possible that, with the agreement of the House, we could finish the debate tonight? It was supposed to begin earlier. It would help in dealing with the business for the rest of the week if we could finish the debate tonight.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Two things would have to happen. We would have to get the agreement of the House. If there was to be an extension of the sitting, generally, that would have to be proposed.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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I understand-----

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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By the way, the order of the House has provided for a total allocation of 80 minutes.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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That is the point. On the Order of Business yesterday I raised the point that the 40 minutes allocated was totally inadequate. It is not tenable that 25 minutes is deemed to be adequate to consider a motion that we only saw yesterday and that has been commented on in international reports which we have only had a chance to see today. I think most of us are anxious that we do not make a decision within 25 minutes, rather we should actually refer the motion back to a committee which would take the time to look at it in some detail. I would not be agreeable to foreshortening the debate even more.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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I mean finishing the debate tonight within the 80 minutes allocated.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Does the Minister of State mean that we should continue for 80 minutes?

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Yes.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Some Deputies went home on the basis that the House would adjourn at 11 p.m. We also have to have some regard for the staff of the Houses.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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I ask the Government Whip if it would be in order to resume the debate on the motion tomorrow.

Photo of Joe McHughJoe McHugh (Donegal, Fine Gael)
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That will be organised if the debate stops at 11 p.m. However, it may not resume tomorrow. It may be resumed on Friday. We will have to figure it out.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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I do not think there is-----

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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It is not agreed.

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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It is not agreed.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Okay.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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We will leave it.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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No bother. It was worth asking. I know that others might have to go to bed early, but I am normally-----

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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I am quite happy.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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With all due respect, that is not a worthy comment. There are staff who have been here since early morning. We have to have some regard for those other than ourselves who work in the Houses.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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I agree that the staff have to be considered. The decision has been taken. The debate will be adjourned at 11 p.m.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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I have great respect for the staff of the Houses. I understand it having been Government Chief Whip for five years. The motion has been placed on the Order Paper for Dáil Éireann-----

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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Are the spokespersons for all of the different groups here?

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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They are not.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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I am probably outnumbered, but I would like to speak tonight. Obviously, if the debates stops at 11 p.m., I will not get a chance to do so.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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It will be adjourned and resume on another day.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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It will be adjourned.

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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It will resume.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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I understand. I would agree to continuing on tonight, given that-----

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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We have to consider not just Members, but also the staff of the Houses. The decision has been taken that the debate will be adjourned at 11 p.m. Perhaps some of the Deputy's colleagues might give him the opportunity to speak, but that is not a matter for me but for them.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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I thank Deputy Mick Wallace for his support.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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We both come from the same part of the country.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Earlier this year, following discussions with the Defence Forces general staff, I asked the Deputy Chief of Staff and the Naval Service Flag Officer to visit the headquarters for Operation Sophia to meet the commanding officer and report back to me. The subsequent advice and recommendation received from the Defence Forces general staff was that we should participate in Operation Sophia, the UN-mandated EU naval operation in the southern central Mediterranean. Yesterday, this recommendation was approved by the Government and today I am asking Dáil Éireann to complete the triple lock and approve participation in this UN-mandated mission.

In commending the motion to the Dáil I will first provide Members with some general information on the EU naval operation against human smugglers and traffickers in the Mediterranean, called Operation Sophia. I will also provide the House with some further information on our current bilateral humanitarian mission in the Mediterranean, Operation Pontus, and then briefly outline why we propose that Ireland join the Operation Sophia mission at this time.

The EU Common Security and Defence Policy naval operation, Operation Sophia, was launched at the EU Foreign Affairs Council meeting on 22 June 2015. Operation Sophia's mission is to identify, capture and dispose of vessels and enabling assets used or suspected of being used by migrant smugglers or traffickers. The objectives of the operation are not only to disrupt the activities of smugglers and traffickers, but also to prevent further loss of life at sea and reduce the suffering and exploitation of migrants by countering and challenging the criminal organisations engaged in such activities.

The migration crisis in the southern central Mediterranean continues to be critical and is expected to deteriorate further during the summer months. The UN Migration Agency has reported that 95,768 migrants and refugees entered Europe by sea in the first six months of 2017, with almost 85% of them arriving in Italy.

There have been 2,169 deaths recorded in this period. Libya is the main country of departure for more than 90% of migrants. Operation Sophia is one element of a comprehensive approach to addressing the crisis. The mission is also providing capacity building and training to the Libyan coastguard and navy and contributing to the implementation of UN Security Council Resolution No. 2292. That imposes an arms embargo on Libya in an effort to prevent the flow of illicit arms and related materiel into that country.

With regard to disrupting the people smuggling and trafficking operations in the Mediterranean, Operation Sophia is being implemented in a number of phases. The first phase, to support the detection and monitoring of migration networks through information gathering and patrolling in accordance with international law, is complete. The mission is currently at phase 2, part (i) and involves the targeting, seizure and diversion of the vessels of human smugglers and traffickers on the high seas. There are no proposals currently to move to the next phase - phase 2, part (ii). Moving to this phase, which relates to operating within Libyan territorial waters, requires a further UN Security Council resolution and-or the consent of the coastal state. Similarly, there are no proposals to move to the third phase which would involve taking all necessary measures against vessels including disposal or rendering them inoperable.

Ireland will only participate in those aspects of Operation Sophia which are authorised in accordance with UN Security Council resolutions, and in this regard, Ireland will declare caveats to that effect should the Dáil approve this motion. I understand that some have concerns about participating in this mission but I reassure the House that this is part of a comprehensive EU response that is addressing the causes and not just the symptoms of the crisis. Irish troops are contributing to the EU's efforts as part of EUTM in Mali. The EU also has a training mission in Somalia and EUFOR in Chad, where we led and had troops previously. All of those are Common Security and Defence Policy, CSDP, missions with a UN mandate.

The EU's recent strategic review confirms that Operation Sophia has played a critically important role in collecting and analysing relevant data, and helped the EU better understand how trafficking networks operate. It recommends that Operation Sophia continues to enhance its focus on maritime security operations, including information sharing, training Libyan authorities and supporting the establishment of a monitoring network.

I wish to restate that Ireland is fully supportive of the comprehensive EU approach to the migration crisis including the current deployment and Operation Sophia. Ireland contributes to its costs through the financing structures of the EU's Common Security and Defence Policy. In April 2017, the Government, for the third year, approved the return of a Naval Service vessel to the Mediterranean to undertake humanitarian search and rescue tasks as part of a bilateral arrangement with the Italian authorities. Overall, more than 16,800 migrants have been rescued since Irish Naval Service vessels deployed in the Mediterranean; demonstrating clearly the value of Ireland's response to the migration crisis. The Government is very proud of the Naval Service and all of the crews who have participated in the mission. On behalf of the Government, I am now seeking Dáil approval to arrange for the transfer of the existing Naval Service deployment in the Mediterranean to the EU Common Security and Defence Policy mission, EUNAVFOR MED Operation Sophia. Transferring to Operation Sophia would result in the redeployment of Irish Naval Service vessels from primarily humanitarian search and rescue operations, to primarily security and interception operations. The Naval Service vessel would, however, continue to be available to respond to requests from the Italian Maritime Rescue Co-ordination Centre or other relevant authority, in terms of any vessels at risk in its area of operation. While the focus of Operation Sophia is primarily on security and interception operations, more than 36,600 persons have been rescued by vessels operating under this mission since October 2015.

I also wish to highlight that it is the duty of all maritime ships, including Naval Service vessels, to render assistance to other vessels in distress in accordance with the UN Convention on the Law of the Sea. Operation Sophia was launched in June 2015 as part of the EU's broader action to provide a comprehensive response to the global migration and refugee crisis and to encourage a democratic, stable and prosperous Libya. It specifically seeks to counter human trafficking and smuggling in the southern central Mediterranean by taking action against the criminal networks and disrupting the smugglers' business model. It has so far contributed to the apprehension of 109 suspected smugglers and traffickers and removed approximately 440 boats from criminal organisations' availability.

Additionally, since October 2016 Operation Sophia has been mandated to participate in the training of the Libyan navy and Libyan coastguard and to the implementation of the United Nations arms embargo off the coast of Libya. The processing of migrants in accordance with international law and respect for human rights is a fundamental aspect of Operation Sophia. Accordingly, very close working arrangements with the UN High Commissioner for Refugees and the International Organization for Migration have been put in place both in planning, training and conduct of the operation.

There are specific benefits for Ireland in joining Operation Sophia. Having a single ship on its own in the Mediterranean gives rise to certain risks which would not be there if we were part of a broader multilateral operation. Under Operation Sophia, we will be contributing to a mission in which 25 other member states are participating, and the Naval Service will have access to air support and intelligence reports which will enhance the security of deployed personnel and assets. In addition to our contribution to the humanitarian effort in the Mediterranean to date, Ireland will now be making a contribution to addressing some of the root causes of migration and human trafficking. There will be a more proactive role for the Naval Service, in that it will be authorised to seize the boats of smugglers on the high seas and destroy them so they cannot be used again in such a way. The sharing of intelligence with other EU naval forces will also be an important aspect of the mission and will assist with addressing the complex issue of illegal migration.

Participation in Operation Sophia will help to build Naval Service professional capacity across a range of skills and enhance capability in relation to interoperability with other international naval forces.

10:15 pm

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Will the House agree another minute for the Minister of State to conclude his speech? Agreed.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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From an operational and logistical perspective the timing of the transfer of Naval Service operations in the Mediterranean to Operation Sophia, the Government has directed that this will take place at an appropriate juncture, which I will decide, based on advice from the Department and the Defence Forces. I believe that Ireland joining with the 25 other member states already contributing to Operation Sophia is a positive gesture and one which I wholeheartedly support. A redeployment of a Naval Service vessel to support EU efforts to disrupt the practices of those illegal and criminal elements engaged in people trafficking and exploitation of vulnerable populations would contribute to countering the risk to life posed to migrants attempting to cross the Mediterranean in unsafe and unseaworthy vessels. In essence, if the international community can disrupt the actions of criminal networks engaged in the exploitation of migrants, then the migrants will not be put at risk of putting to sea in unseaworthy vessels in dangerous conditions. I commend this motion to the House.

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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Fianna Fail will be supporting this motion. I acknowledge that the motion is coming to the House on the advice and recommendation of the Defence Forces and is fully supported by them. Operation Sophia is part of a wider EU response to the migration crisis and we fully support that.

It is worth remembering that Ireland only operates in UN-mandated missions and Operation Sophia is UN mandated by two UN Security Council resolutions. We have a triple lock system in place in this country, which we value, with good reason. Getting the approval of this House is the last step in the process. The triple lock is a testament to our properly functioning democracy.

We know that currently the Naval Service is participating in a bilateral arrangement facilitated by the Italian authorities named Operation Pontus, which is a search and rescue operation. To date, the Irish Naval Service has rescued some 17,000 migrants in the Mediterranean, for which I thank them. It is work which the Irish people are immensely proud of.

While Operation Sophia does not have a specific search and rescue role as part of its mandate, such a role is a mandatory requirement on naval vessels deployed in the region under the provisions of the UN Convention on the Law of the Sea so we can be assured that this important work will still continue.

Our Naval Service will be actively involved in disrupting the people smuggling and trafficking operations of criminal gangs in the Mediterranean, and will contribute to the implementation of the UN arms embargo. It will identify, capture and dispose of vessels being used to smuggle and traffic people. The key to the operation is to disrupt the activities of smugglers and traffickers in order to save lives. A priority for our Naval Service will be ultimately to reduce the suffering and exploitation of migrants by countering and challenging the criminal organisations engaged in such activities.

Our Naval Service has done a fantastic job in its search and rescue efforts to date but we have to address the reason people need rescuing in the first place. If we can help to disrupt smugglers and stop these criminals in their tracks, we must do so. We cannot just accept that smuggling and trafficking is taking place and just pick up the bodies in the wreckage left behind. We must work with our European neighbours and stop this happening.

The question is being asked as to what the benefits are to Ireland in participating in this mission. What are the benefits to our Defence Forces, in particular our Naval Service? In my view, this is not about how this benefits us, rather it is about responding to an international migration crisis that we have an obligation to address. We are part of an international community and this is not a problem we can shake off and suggest other countries take up the work. We will be working closely with 25 other EU member states, several of which are neutral like ourselves, and fulfilling our duty as members of the European Union.

There are also practical reasons for joining Operation Sophia if we wish to continue our work in the Mediterranean. First, we do not want to be operating in the Mediterranean on a solo mission. Integrated efforts with our EU neighbours is the only way to participate effectively. In practical terms, participation in larger integrated search missions rather than on an isolated basis would allow refuelling and resupply at sea, as well as integration with air support such as medevac, offering greater protection to our troops. I also note that the non-political Irish Maritime Forum, which is represented by professionals with a wide range of experience in the maritime domain, has written to the Departments of Defence, Foreign Affairs and Trade, and the Taoiseach saying it is time the Naval Service switched to operating under EUNAVFOR MED. Irish Maritime Forum spokesman James Robinson, a former senior Naval Service officer, said that in the wake of Brexit, Ireland needs to strengthen her ties with the remaining EU member states and I agree. Mr. Robinson said that joining Operation Sophia would demonstrate Ireland’s commitment to European co-operation to the nations whose understanding and assistance we will need when Brexit negotiations get under way in earnest. He also said that Ireland is notable by her absence and this absence misses an important opportunity to garner diplomatic credits from the other 25 contributing EU member states as opposed to Italy alone. It is my understanding that the Italians want the criminal human trafficking addressed at source and do not wish to be simply a drop-off destination, especially in the absence of EU burden sharing. I can fully understand their frustration; they are doing more than their fair share in responding to this crisis.

A criticism of Operation Sophia - I am referring specifically to the House of Lords report issued yesterday - is that not enough has been done on tackling criminal human trafficking, and that what has been done to date, namely, impounding 452 larger vessels and seeing 110 traffickers imprisoned, has diverted traffic to smaller, more vulnerable craft with consequent increased risk of deaths at sea. It is interesting that while the House of Lords report says that Operation Sophia has failed to meet the objective of its mandate to disrupt the business model of people smuggling, it has been a humanitarian success. It Is also worth noting that the House of Lords report cannot be viewed outside internal UK Brexit politics.

Irish interests in Operation Sophia include that it will provide better security for Irish naval operations in the Mediterranean. It will give greater humanitarian task effectiveness. It will allow for improved training and experience for our Naval Service in what would be their first multinational security operation, thereby increasing scope for future deployments. It would be a more cost effective engagement for the Irish taxpayer, assuming that there would be better supports within Operation Sophia than are possible in a unilateral mission. With Brexit, Ireland has a visible and direct interest in demonstrating greater EU solidarity. This is a high-profile Irish contribution. We would be committing a seventh vessel to the current complement of six. Ireland would be actively fulfilling two UN Security Council resolutions to which we are not currently contributing at all.

I have been contacted by a number of NGOs and advocacy groups who have raised what I consider to be very genuine concerns in respect of Operation Sophia and our proposed participation. I note in particular correspondence received from Amnesty International, Oxfam, the Immigrant Council of Ireland and the Irish Refugee Council. I assure those groups that I have heard what they have said and have considered the points raised against our participation. The decision to support the motion was not taken lightly and I genuinely believe it to be the right decision, having considered all arguments and information available to me. The argument has been made that we should continue in a search and rescue role only and that this is the best use of Irish resources to save lives. My view, however, is that we must address the problem at source and, as I said earlier, there is a reason people need to be rescued. This is the problem we need to solve. Granted, the best outcome would be to solve the issue as to why people are leaving their country in the first instance but we need to do all we can to stop smugglers and traffickers who are buying and selling human beings, torturing them and profiting from their misery. This has to be stopped.

A solely humanitarian role in my view is not sustainable in the short to medium term, particularly in light of the Italian position. In the absence of efforts to tackle criminal human trafficking, the humanitarian crisis can only grow and worsen. We cannot forget that this trafficking also entails forced labour and prostitution. How can we stand by and allow this continue and do nothing? Ireland’s humanitarian efforts are strengthened and better secured within a multilateral mission. We do better with a collective force and we will continue in our rescue role as mandated by the UN Law of the Sea. It is not a case of either-or humanitarian versus security operations - we have to do both. In respect of allegations of a possible mission creep, there will be no mission creep to phase 2 or 3 as this requires, for the EU and not just Ireland, a UN Security Council resolution and agreement with Libyan authorities and, on our side, agreement at EU Council level. There are checks and balances in place and I am satisfied with them.

It is impossible to judge how much worse the migrant flows would have been, and the scale of additional deaths, in the absence of Operation Sophia. We cannot know this so I do not accept suggestions that the operation has made matters worse. Operation Sophia has directly saved nearly 34,000 lives since its commencement - more than the number rescued by NGOs themselves, which is about 30,000. I very much commend the work of NGOs in this area. Irish engagement will reinforce the humanitarian side of the EU’s mission with substantial field experience, and potentially rebalance it.

I fully trust our Defence Forces and Naval Service in their judgment that we should participate in this mission. I fully appreciate that they have given this great consideration and do not think they took the decision lightly to advise participation in the mission. It is, and has always been, their key objective to protect and save lives while they operate in the Mediterranean. I have full confidence that in participating in this new mission with our European colleagues, the Irish Naval Service will play a vital role in addressing the migration crisis and aiding in the UN humanitarian effort to save lives. This is ultimately what the operation is about. It is naive to think that we can simply engage in a search and rescue operation on the outskirts of Operation Sophia while looking in at our other European colleagues as they do the work in which we should be participating. It is not okay to simply accept that trafficking and smuggling of human beings will just continue on the basis that if we try to get involved, we could make matters worse. We have to try to stop this. It is simply not okay to go around afterwards and clean up the mess they have left. When we consider that 25 other EU member states are currently participating, I see no reason that we should not participate also. We are part of the European and the international community. This is a migration crisis to which we must fully respond as best we can. In that light, I am pleased to pledge Fianna Fáil support for the motion.

10:25 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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I move amendment No. 1:

To delete all words after “That” and substitute the following:“the proposal that Dáil Éireann approves, pursuant to section 2 of the Defence (Amendment) (No. 2) Act 1960, as applied by section 2 of the Defence (Amendment) Act 2006, the deployment of a contingent of the Permanent Defence Force to serve as part of EUNAVFOR MED - Operation Sophia, in accordance with United Nations Security Council Resolution 2312 (2016) and UN Security Council Resolution 2357 (2017), and subject to renewal of the UN mandate/authority thereafter, be referred to the Committee on Foreign Affairs and Trade, and Defence to allow for the opportunity to carefully consider its implications.”

Operation Pontus is an EU operation in the Mediterranean in which the Irish Naval Service is currently participating with the Italians and up to nine NGOs. It is a purely humanitarian search and rescue operation which, over the past two years, has seen the Irish naval personnel rescue almost 16,000 people. The Naval Service's extraordinary and heroic efforts are a source of national pride and I wish to reiterate our unequivocal support for the important role it is playing. I also acknowledge the Trojan work the NGOs are doing in saving lives in the Mediterranean.

Today's motion, however, seeks to alter the remit of the Naval Service by signing up to an EU military mission, EUNAVFOR MED. It sounds great. The EU navy force for the Mediterranean, or Operation Sophia which, while UN mandated, is being carried out under the guise of the EU's Common Security and Defence Policy. This will change utterly the role of the Irish Naval Service in the Mediterranean from rescuing migrants from drowning to a more offensive role of intercepting and arresting people-trafficking criminals, smugglers and militias and destroying their boats. Such a fundamental change in the nature of the Naval Service's operations in the Mediterranean is also a fundamental change in Irish foreign and military policy and it deserves more than the measly 40-minute debate that was initially scheduled, or indeed the 80 minutes that have now been set aside. I urge all parties, including the Government and its Independent partners, to support our amendment to the motion, which proposes that the taking of a vote on this motion should be deferred until the Joint Committee on Foreign Affairs and Trade, and Defence has considered it.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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A Theachta, tá brón orm cur isteach ort. Iarraim ort an athló a mholadh.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Lorgaím go gcuirfear an Dáil ar athló.

Debate adjourned.

The Dáil adjourned at at 11 p.m. until 10 a.m. on Thursday, 13 July 2017.