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

I thank Senator Higgins for tabling her amendment. I also thank Senators Craughwell and Ward for their comments.

An extensive debate took place on Committee Stage on a similar amendment and the Minister for Defence has given careful consideration to this matter. The Senator is concerned about the definition of "international force" in section 2 of the Bill. It is important to clarify that the purpose of section 2 is to provide for the delegation of a level of operational control to the force commander. The legislation simply provides for the current de facto position and does not alter the existing long-standing legislative provision set out in the Defence (Amendment) Act 2006.

In particular, I wish to assure the Senator that the wording of section 2, including the definition of "international force" in no way widens or extends the types of role and functions for which Defence Forces personnel may be deployed overseas. Strict statutory limitations already exist for any such roles or functions and they are clearly specified in section 3 of the Defence (Amendment) Act 2006.

I wish to add that the reference to "any force" in the definition of "international force" is explicitly linked to the provisions of the Act of 2006. Accordingly, I am satisfied that the use of the term "any force" in the definition is appropriate and, as previously stated, does not alter the purposes for which Defence Forces personnel may be dispatched overseas.

As the Minister advised the Seanad on Committee Stage, in particular concerns that the Senator's amendment would neuter the effect of section 3 of the Defence (Amendment) Act 2006, which recognises that certain missions, including humanitarian and training operations, would usually not be subject to a UN Security Council resolution as such operations do not constitute a threat to international peace and security for the most part. I am certain that this was not the intention of the Senator. However, it is important to note that if this provision was enacted then certain humanitarian operations and training missions, conducted using military forces and capabilities, would not be possible as they would not be a UN or a UN-mandated operation. They are both training and humanitarian missions. They do not necessarily fall into the category of a UN or UN-mandated operation but they may well require co-ordination, under a force commander, to ensure that there is proper operational control. The wording of section 2 appropriately reflects this position.

As Senators Ward and Craughwell have outlined, there are existing democratic structures for when troops are deployed. There is also an accountability remit that happens annually through the Oireachtas committee and the Dáil in terms of defence matters.

For the reasons outlined, there are serious concerns about this amendment if it was introduced. Therefore, it is not possible to accept the amendment.