Seanad debates

Wednesday, 3 November 2021

Defence (Amendment) Bill 2020: Report and Final Stages

 

10:30 am

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail) | Oireachtas source

I thank Senator Higgins and others for their comments. In regard to amendment No. 2 and some of the other amendments, I know these were discussed on Committee Stage. I am concerned that if this amendment No. 2 was accepted it would result in a fundamental change to what is a long-standing and settled policy in regard to the despatch of military contingents for overseas service. It might be useful to set out briefly the quite strict limitations in law on the roles and functions for which the Defence Forces can be deployed overseas outside of being part of an international United Nations force under the 1960 Act. These particular roles and functions are specified in section 3 of the 2006 Act as follows:

(1) A contingent or member of the Permanent Defence Force may, with the prior approval of and on the authority of the Government, be despatched for service outside the State for the purposes of— (a) carrying out duties as a military representative or filling appointments or postings outside the State, including secondments to any international organisation;

(b) conducting or participating in training;

(c) carrying out ceremonial duties, participating in exchanges or undertaking visits;

(d) undertaking monitoring, observation or advisory duties;

(e) participating in or undertaking reconnaissance or fact-finding missions;

(f) undertaking humanitarian tasks in response to an actual or potential disaster or emergency;

(g) participating in sporting events, or

(h) inspecting and evaluating stores, equipment and facilities.

There is nothing in this Bill which would seek to alter or extend those specific purposes as Senator Ward has outlined.This specific amendment proposes to amend the definition of "international force" in section 1 of the Defence (Amendment) Act 2006 by inserting the text "and is currently working" after "or has participated" in paragraph (d) of this definition. This paragraph refers to any regional arrangement or agency that participates, or has participated, in operations as part of an international United Nations force. However, inserting the text "and is currently working" into this definition would only allow the State to potentially deploy or work with organisations that are currently working under a UN mandate. That is unnecessarily restrictive and would prevent the Defence Forces from being deployed overseas with many well-respected organisations. For example, it might prevent the secondment of individuals or the posting of small numbers of personnel. Checks and balances on such postings already exist within the Oireachtas. The practical effect of this amendment and the other amendments in this grouping would be that additional restrictions would apply if the Minister for Defence considered personnel for appointments or postings in the EU, the Organization for Security and Co-operation in Europe, OSCE, or any other similar organisation. That is my position on this issue.

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