Fiona O'Loughlin (Fianna Fail)
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I thank the Cathaoirleach for selecting this Commencement matter and the Minister of State, Deputy Fleming, for making himself available to take it.

I add my voice to the welcome given to the school group in the Visitors Gallery. It is lovely to see them in the place where democracy is at work and policy decisions are made. In the future, we may seem some of them sitting in this House and in the Dáil.

As a proud Kildare woman, I have always been a strong advocate for members of the Defence Forces. I live just a few miles from the iconic Curragh Camp barracks. As we know, the Curragh Camp is the main training centre for the Army and more than 2,000 personnel are based there. There are many military families in County Kildare, as there are in County Laois, the county the Minister of State hails from. Many retired personnel have made their home in County Kildare. I am acutely aware of the many difficulties and challenges facing people who serve in the Defence Forces. I have always used my position both here and in the Lower House to advocate strongly for the defence community. The call to serve one's country is something that cannot be matched. I regularly meet active and retired members of the Defence Forces as well as their representative bodies and I am always amazed by their sense of duty, their national pride and their commitment to this State and its people.

Óglaigh na hÉireann is a remarkable organisation that has deep roots in the fabric of this nation. We all know stories of its members' dedication. Many of us know and love members of Óglaigh na hÉireann, both past and present. In addition, for those of us who hail from south Kildare, our role and involvement in the defence community are something we hold very dear to our hearts. Many members of the Defence Forces serve our nation with distinction and are also very involved in the community.

People choose to enter the Defence Forces to serve this State and further the cause of the Irish people. They pledge their support for our nation and beyond. They put themselves in harm's way and do so in very difficult working conditions and at a huge personal cost and sacrifice to themselves, none more so than those who take part in UN peacekeeping operations around the world. Ireland has an unbroken record of service with UN peacekeeping missions since our first deployment in 1958. Currently, we are the sixth largest EU troop contributor to the UN. Our largest deployment with the UN peacekeeping mission is in Lebanon but we also have troops deployed in the Golan Heights, Syria, Israel, Jordan, Bosnia and Herzegovina, Kosovo, Mali and the Democratic Republic of Congo. Our Defence Forces personnel do not just serve abroad but excel abroad. We rank way above our standing on the international stage due to the professionalism and dedication of our personnel.

Some months ago, I raised an issue faced by many service people when they return from active duty and seek a visa to enter the United States. This issue was raised with the US authorities by the Department of Foreign Affairs and Irish diplomats have been attempting to find a way to prevent the problem arising. This is a real issue. The status means that soldiers who have served in a number of countries have not been able to access the United States using normal ESTA - electronic system for travel authorization - regulations. I have been dealing with a number of these cases. I know of one member of the Defence Forces who eventually got a visa last week, weeks after his family got services and after a lot of heartache. When the family returns from their holiday the soldier will serve abroad for another six months, so the holiday is a precious time. We must find a way to support these people. They have served us abroad and put themselves in harm's. They should not be in any way disenfranchised as a result.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I thank Senator O'Loughlin for raising this important matter concerning the Defence Forces. As she is from Newbridge in County Kildare, she knows more about the Defence Forces and has more contact with its members and their families than any other Member of the Oireachtas given her proximity to the Curragh. Her knowledge of the Defence Forces is vastly superior than that of most other Members.

The Government and people of Ireland are rightly proud of our peacekeepers. We have a long and distinguished history of peacekeeping in the United Nations. As the Senator pointed out, since 1958 not a day has passed that Irish peacekeepers were not on duty somewhere across the globe. That is the longest unbroken record of any nation in the world. For well over 60 years, Irish troops have been serving on peacekeeping missions in some country around the world every single day. No other country in the world can say that. We have tremendous expertise and we have gained great respect across the globe because of that service over the last 60 years.

At present, some 500 members of our Defence Forces and An Garda Síochána are serving overseas in four UN peacekeeping missions. Our troops currently in the field are playing their part in Ireland's proud and distinguished record of overseas service.

The Department of Foreign Affairs has been made aware in recent months of the challenges that some active and former members of the Defence Forces have experienced when applying for a United States visa waiver, also known as an ESTA, due to travel they have undertaken as part of their peacekeeping duties to Syria or other countries designated as countries of concern by the US Department of Homeland Security. People who travel to the United States can apply for an ESTA online and the process is very straightforward. However, where people have been in a country that is a matter of concern to the US authorities, including those who work in peacekeeping missions in some countries, it can raise a flag in the ESTA process.The Senator has acknowledged that US immigration rules and operations are matters solely for the relevant US authorities. The Department of Foreign Affairs is not in a position to intervene in decisions taken in relation to ESTA applications. However, officials from my Department have proactively engaged with the United States Embassy in Dublin on the implications of these rules for members of the Defence Forces who wish to visit the United States. As the ESTA process is managed entirely by the US Department of Homeland Security, the embassy here has no role in processing or approving these applications. However, the embassy has helpfully informed us that when applying for an ESTA, it is possible to seek an exemption when travelling to a listed country of concern, like Syria, for the purposes of military service on behalf of the Irish Government. We understand it is not possible to apply for an exemption once a refusal of an ESTA has been made. It is important to deal with that as part of the original application, and people may not have been aware of that. However, it is also important to note that these exemptions are granted at the discretion of the Department of Homeland Security and are not guaranteed.

Following on from these consultations, my Department prepared an information note for current and former Defence Forces personnel. This information note was shared with the Department of Defence last November, which in turn circulated it to members of the Defence Forces. The note sets out in more detail the options available to members of the Defence Forces who wish to travel to the United States. The Department of Defence will be able to share a copy of this note with any members of the Defence Forces, including any retired personnel, who wish to get more clarity on this matter.

Sharon Keogan (Independent)
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Before Senator O'Loughlin responds I want to welcome to the House our visitors from Blessington Educate Together National School. I hope they have a lovely time visiting the Houses of the Oireachtas.

Fiona O'Loughlin (Fianna Fail)
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I am sure that Blessington, being so close to Kildare, has many Army families within its ranks.

I thank the Minister of State for his response. I accept that US immigration rules and operations are solely matters for the relevant US authorities. It can therefore be difficult to resolve issues from our end. I am pleased with the clarification he has given. I am glad it is possible to seek an exemption. It is also important that he has clarified that an exemption cannot be sought after a refusal has been given. There is some clarity in that. The Minister of State has mentioned that there is an information note. I would appreciate if I could get a copy of that note. It would be important. As I have said, from time to time individuals come to me regarding this issue. I would like to be able to give the best up-to-date advice. I know that the Minister of State will continue to work with the Minister for Foreign Affairs in trying to resolve this issue for those who work for us at home and abroad.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I thank the Senator. I have listened carefully to her remarks. We place enormous value on the peacekeeping work undertaken by members of the Defence Forces. However, it is important to reiterate that ESTA authorisations are ultimately given at the discretion of the US Department of Homeland Security. While it is possible to seek an exemption to these travel restrictions on the basis of military service, there is no guarantee that it will be granted. However, that option is there and I hope it is working smoothly now. It is also worth noting that anyone who is denied an ESTA is still entitled to apply for a regular tourist visa through the United States Embassy. If, therefore, there is an ESTA refusal, one can apply in the normal course for a regular tourist visa. This can also be helpful. Once obtained, tourist visas are generally valid for ten years, allowing for a stay of up to 180 days in the US upon each entry. By contrast, ESTAs are valid only for a period of two years, allowing for a stay of no more than 90 days. Members of the Defence Forces who have concerns and anticipate that they may wish to travel to the United States may wish to consider applying pre-emptively for a visa to minimise uncertainties and avoid any disruption to their travel plans. Finally, I am happy to make the information note referred to earlier available to the Senator. Many people in Kildare will be keenly interested in this issue.