Willie O'Dea (Limerick East, Fianna Fail)

The effect of the three amendments is to require the approval of both Houses of the Oireachtas in respect of any decision to participate in an EDA project or programme or in a permanent structured co-operation one. Much as I would like to accept the amendments, my advice is that I cannot. The proposal that any such decision would require the approval of both Houses was considered by the Government in some detail during the discussions on this Bill. It was rejected by the Government, which had access to the advice of the Attorney General, on the basis that it was incompatible with the provisions of the Constitution in regard to the role of Dáil Éireann in defence matters and the provisions of the existing Defence Acts. Under the Constitution a declaration of war is a function reserved to Dáil Éireann alone. Seanad Éireann has no role in the matter. In the Defence (Amendment)(No. 2) Act 1960, as amended, decisions regarding the deployment of the Defence Forces on UN-mandated overseas peace support operations is reserved to Dáil Éireann alone where such approval is required. Consistent with the provisions of the Constitution in regard to a declaration of war, Seanad Éireann has no role in the decision process regarding the overseas deployment of the Defence Forces. Against that background, it was felt to be entirely inappropriate that a decision to participate in an EDA project or programme or to participate in permanent structured co-operation, a decision of much lesser significance than a declaration of war, or a decision to deploy troops on a peace support operation, would require the approval of both Houses of the Oireachtas.

Decisions on the EDA or permanent structured co-operation cannot have a higher decision threshold than a decision in respect of a declaration of war or the overseas deployment of Defence Forces personnel. Therefore, I am compelled to reject these amendments on the basis of proportionality, compatibility with the Constitution in the Defence Acts and on the basis that the matter has already been considered and rejected by Government.

However, I point out that while there is no requirement for the Seanad to approve Ireland's participation in any of these missions, there is nothing to prevent it from debating it, asking questions about it etc. I am advised that is what happened in regard to the deployment of troops to Chad. The world does not end on the day the Government takes a decision to deploy troops. It is an ongoing situation. As Minister for Defence and having been very much involved with the Chad operation, I know many of the suggestions and comments made in this House in regard to the Chad mission were extremely useful to us and, as has been said by Senator Cummins and others, extremely valid.