Willie O'Dea (Limerick East, Fianna Fail)

I thank all the Senators who spoke for their constructive contributions to the debate and the interest they have taken in the Bill. I look forward to a similarly constructive debate in the other House. I thank Senators also for their kind remarks regarding the work our Defence Forces undertake overseas. Wherever they are, our troops serve with professionalism, dedication, courage and unselfish humanity. Their commitment to service and loyalty to the traditions of the Defence Forces contribute extensively to the high regard in which Ireland is held in the international community.

Ireland's support for the United Nations has been unwavering since we joined in December 1955. The most visible and tangible expression of our membership of the United Nations and our support for its principles has been the participation by Irish Defence Forces in United Nations peacekeeping operations. Since our first UN peacekeeping mission in 1958, our troops have performed over 54,000 tours of duty on 58 UN peace support operations worldwide. This legislation is designed to further our engagement in international peace support and humanitarian operations.

I wish to refer to the points Senators made during the course of the debate. I agree with Senator Brian Hayes. Perusal of the 1960 Act and the 1993 Act gives no one any reason to doubt that what Governments have been doing effectively since the mid-1950s, in sending people abroad on representational duties, ceremonial duties, etc., is perfectly legal. In 1958, for example, when Ireland first deployed observers to Cyprus, there was no legislation in place. It was only when the first peacekeeping mission was sent abroad in 1960 that legislation was passed to provide a statutory procedure for sending troops abroad in those circumstances. That does not mean we cannot legally send them abroad in the absence of that legislation. Equally, it does not mean we cannot legally send people on the other type of missions — ceremonial duties, seminars, desk-top exercises, etc. — in the absence of the other legislation.

It was possible that somebody would come into court with an argument that the legislation is in place and is supposed to cover everything, but if something is not covered by the legislation, it is not possible. This Bill is intended to head off such an argument. I do not believe such an argument would succeed and the advice of the Attorney General is that it would not succeed. This provision is designed to remove any doubt in this regard.

Irish defence legislation states that a mission must be established by the United Nations. As the Senator is aware, the United Nations is farming out a good deal of work to regional organisations such as the European Union, the African Union, etc. It gets the African Union, the EU or some regional organisation to organise the mission. In other words, it authorises it to be done.

I have been asked to publish the Attorney General's advice on the matter. I will have to get permission from the Attorney General to do so. It is not usual to publish his advice but I can tell the Senator that the Attorney General who gave that advice when the matter first arose was none other than Dermot Gleeson, who was the Attorney General in the Fine Gael-Labour Party Government. He is an excellent lawyer and any advice I would get in that regard from Dermot Gleeson I would take very seriously.

Senator Brian Hayes also stated that we will be unable to commit troops rapidly if we are to be tied up by a UN Security Council resolution. Senator Minihan had similar doubts. I understand Senator Hayes has tabled an amendment to remove that provision and we will discuss it in more detail tomorrow, but I disagree with the Senator.

I can inform the Senator that we have been discussing participation in the Nordic battle group, particularly with Sweden, which is the framework nation. Even though it does not have a legal requirement for a UN resolution, it does not see any impediment to Ireland participating in the Nordic battle group, despite the fact that Irish law states we can only do so after a United Nations resolution. However, we will go into that in more detail tomorrow.

I agree with what the Senator said about Macedonia. Any one of the five members of the Security Council can stop a Security Council resolution; each one of them has a veto. The Chinese vetoed the operation in Macedonia and therefore countries such as Ireland which needed a United Nations Security Council resolution, could not participate.

Essentially, the way the United Nations does its business is a matter for itself. It is set up in such a way that any one of the five permanent members can effectively impose a veto on a Security Council resolution. It is arguable that if it was to be done by majority decision, President Bush would probably have got a resolution to allow him to go into Iraq. Be that as it may, that is the procedure. It might be said that we will not get involved in any foreign military adventures without the sanction of the United Nations. That is Government policy. In that we are in tune with the will of the majority of the people. Perhaps we are not, but I firmly believe we are.

Senators Moylan and Leyden asked why reference to Seanad Éireann was not included in the Bill. As Senator Quinn said, the 1960 legislation referred to Dáil Éireann. It is Dáil Éireann which supplies the troops under the 1960 legislation. It is just a matter of speed. I take the Senator's suggestion, which is a good one, that at a very minimum there should be some mechanism for informing Seanad Éireann.