Michael McNamara (Clare, Independent)
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4. To ask the Minister for Foreign Affairs and Trade if he will outline the European Council meetings at which Ireland agreed to participate in, and fund, the European Peace Facility and the EU military assistance mission in support of Ukraine; and if he will make a statement on the matter. [19794/23]

Michael McNamara (Clare, Independent)
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Will the Tánaiste outline the European Council meetings at which Ireland agreed to participate in and fund the European Peace Facility and the EU military assistance mission in support of Ukraine?

Micheál Martin (Cork South Central, Fianna Fail)
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I thank the Deputy for raising the question. The European Peace Facility, EPF, was established by the Foreign Affairs Council on 21 March 2021. Ireland was centrally involved in the negotiations to design the EPF. Together with a number of like-minded member states, Ireland ensured the inclusion of a provision allowing member states to constructively abstain from assistance measures involving the supply of lethal equipment. Countries that abstain from the provision of lethal equipment instead provide funding to assistance measures supporting non-lethal equipment to regional organisations and third-country partners, at their request.

The aim of the EPF is threefold: it funds the common costs of EU military missions and operations under the Common Security and Defence Policy; it supports peace support operations led by international and regional organisations, as well as partner countries around the world; and it strengthens the military and defence capacities of third states and regional and international organisations. The overall budget ceiling for the EPF over the 2021-2027 period is €7.9 billion.

In response to Russia’s unprovoked and unjustified war against Ukraine, Ireland has joined other EU member states in agreeing approximately €5.5 billion to support the Ukrainian armed forces through the EPF. In line with the programme for government, Ireland’s military support for Ukraine is directly solely towards non-lethal assistance. Our contribution now stands at approximately €122 million and helps to supply items such as medical equipment, food, personal protective equipment and fuel.

Together with our EU partners, we remain strongly committed to supporting Ukraine in defence of its independence, sovereignty and territorial integrity in the face of ongoing Russian aggression. The EU military assistance mission in support of Ukraine, EUMAM Ukraine, was established by the Foreign Affairs Council on 17 October 2022. The mission will provide specialised training to the Ukrainian armed forces, and co-ordinate existing member state training activities.

In February 2023, the Government approved the participation of up to 30 Defence Forces personnel in EUMAM Ukraine. Their primary role will be to provide training to members of the Ukrainian armed forces in the EU member states in which the training will take place. The trainers will be supplemented by a small number of staff positions in the military planning and conduct capability, MPCC, in Belgium and the special training command, STC, in Germany.

Michael McNamara (Clare, Independent)
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Those agreements are, of course, not necessitated by membership of the European Union because we have an opt-out, but that does not mean we cannot opt in, in the same way that we opted out of the temporary protection directive and then subsequently opted in, with the approval of the Dáil. In reply to a previous parliamentary question, the Tánaiste told me it is anticipated we will spend €121 million towards the peace facility and the military assistance mission, of which €9.9 million was spent by the end of 2022. My question is not whether the Tánaiste thinks it is morally and strategically correct for Ireland to be involved in this. Clearly, he and his Government do or we would not be involved otherwise. I do not want to go over that. What I want to know is how do these agreements, which are not necessitated by membership of the European Union, not result in a charge upon public funds such as requires the approval of the Dáil. I am not saying the Dáil would not approve it. I am asking how do they not require the approval of the Dáil, because they are agreements and they do result in a charge on public funds.

Micheál Martin (Cork South Central, Fianna Fail)
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In the normal Estimates process, they require the approval of the Dáil.

Michael McNamara (Clare, Independent)
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Gabh mo leithscéal.

Micheál Martin (Cork South Central, Fianna Fail)
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In terms of the normal Estimates process and the Votes of Departments – the Vote of my Department and the Vote of the Department of Defence - the funding that gets allocated will be voted on by the Dáil. We are part of the European Common Security and Defence Policy. We opted into that over 20 years ago. It is one of the reasons why I think it is important that we have our national conversation on security policy and foreign policy because many people do not realise we have been part of the Common Security and Defence Policy of the European Union since the beginning. Denmark recently opted in, having opted out at the beginning. It is in that context that the temporary peace facility has evolved and developed.

I think it makes a lot of sense when we look at the Wagner Group, for example, and the new mercenaries, or call them what you like. They are now having a much more malign impact on the world, for example, if we look at Mali and the Sahel and the non-government actors there, including the various militia and mercenary forces. If we want to protect the international rules-based order, there is a role for a constructive approach from a European Union perspective.

Michael McNamara (Clare, Independent)
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I accept the Minister's bona fides and that he genuinely believes that it is morally and strategically imperative for us to participate. I accepted that at the outset and that is not what I am questioning. What I am questioning is our own constitutional requirement that any international agreement that imposes a charge on public funds be approved by the Dáil, as well as any participation in war. I noticed that the Minister used the word "war" repeatedly throughout his response in terms of Russia's unjustified war in Ukraine. I appreciate that we are not providing lethal weapons but we are training belligerents, albeit in de-mining. We are providing non-lethal weapons. Again, I question how that does not amount to a participation in war that requires the approval of the Dáil. I am not questioning whether the Minister believes it is strategically and morally correct to do what we are doing. Clearly he believes that genuinely, as does his Government. What I am questioning is whether the constitutional requirements at home are being complied with. The Minister said that we pass the defence Vote but that is not broken down by where we spend the money.

Micheál Martin (Cork South Central, Fianna Fail)
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Yes it is.

Michael McNamara (Clare, Independent)
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There is not a separate vote in this House on spending money in Ukraine or on the peace facility, to the best of my knowledge, but if there is, then I am interested in hearing more. I am also interested in hearing more on the justification provided by the Minister on the common defence policy.

Micheál Martin (Cork South Central, Fianna Fail)
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First of all, there is the common security and defence policy, which we are part of and for which we voted. Then there is Ireland's position in respect of Russia's illegal aggression against Ukraine. Russia is perpetrating a war. I take issue with Deputy McNamara's talk about Ireland supporting "belligerents" and will come back to that in a second. Ireland's position in respect of Russia's illegal aggression against Ukraine and our support for Ukraine's right to defend itself in the face of an attack on its sovereignty and territorial integrity is in line with Article 51 of the UN Charter. That has been outlined in detail by the Government since last February. Our participation in training is in respect of de-mining-----

Michael McNamara (Clare, Independent)
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I accept that.

Micheál Martin (Cork South Central, Fianna Fail)
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That is not training belligerents, to use the Deputy's language. I met representatives of the International Red Cross recently who told me that one of the most appalling consequences of the kind of war that Russia is waging in Ukraine is civilian casualties from unexploded ordnances, mines and bombs that have levelled parts Ukraine. Children can walk into playgrounds and have their limbs amputated-----

Michael McNamara (Clare, Independent)
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I agree that is wrong and indefensible.

Micheál Martin (Cork South Central, Fianna Fail)
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We want to provide training to give additional de-mining capability to the Ukrainian military. The other area would be that of medical responses to injuries that occur in combat situations.