Joanna Tuffy (Labour)

Towards the end of his speech, the Minister stated the requirement for this amending legislation arises irrespective of our participation in battle groups. In this regard, he is basically accepting a point raised by the Labour Party. Former Labour Party spokesman on defence, Deputy Sherlock, pointed out in the Dáil and in correspondence to the Minister that the Defence Acts as they stand may not permit Irish participation in certain UN peacekeeping operations. Deputy Costello also referred to this. The Labour Party believed there was a need for certainty in this area and to amend the legislation accordingly. That is basically what this Bill is doing.

Section 1 states an international United Nations force means "an international force or body established, mandated, authorised, endorsed, supported, approved or otherwise sanctioned by a resolution of the Security Council or the General Assembly of the United Nations". The legislation is being changed to cover the point raised by the Labour Party. The Minister stated during Question Time on 22 June that existing legislation allows participation in all the current peacekeeping missions. I hope this is the case. He also stated, "It is better to counter the argument before it is raised even though I do not believe it would succeed". The fact is that he would not be doing so unless an issue of sufficient gravity were raised. He is not introducing the measure just to counter an argument, there must be a valid reason and I do not believe the Minister would do something just because the Labour Party suggested it. He would have to accept the point the party makes.

On 22 June, the Minister also said, "We are including the necessary provision so nobody will ever have the slightest doubt about the matter in the future". Furthermore, he stated the advice of the Attorney General was that there was "no formal basis in the Defence Acts for the despatch of Permanent Defence Force personnel on such duties". The point is that the legislation is being introduced to provide absolutely certainty on a formal basis.

Senator Minihan stated the Labour Party has raised an issue about current missions. The party was asking whether this legislation would have retrospective effect and the Minister stated it would not in his response. The Labour Party contends that there could be a problem and this is why it raised the issue and why the Minister is dealing with it.

The Labour Party proposes a couple of amendments to the Bill. I will not discuss them in detail as Senator Ryan will be dealing with them on my behalf tomorrow. We question the need for subsection 4(2) and section 8. Section 11 states, "Nothing in this Act shall be construed as thereby authorising the State to become a member of an international organisation of which it is not already a member". Why is this section needed? Perhaps the Minister will explain when he is responding.