Simon Coveney (Cork South Central, Fine Gael)
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Question 116: To ask the Minister for Defence the current position with regard to the development of a common defence and security arrangement across the EU; and if he will make a statement on the matter. [6740/05]

Willie O'Dea (Limerick East, Fianna Fail)
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I have had no discussions with my counterparts at European Union level on the development of a common defence arrangement across the EU. Ireland's position with regard to the issue of common defence is as set out in our National Declaration to the European Council held in Seville in June 2002:

4. In line with its traditional policy of military neutrality, Ireland is not bound by any mutual defence commitment. Nor is Ireland party to any plans to develop a European army. Indeed, the Nice European Council recognised that the development of the Union's capacity to conduct humanitarian and crisis management tasks does not involve the establishment of a European army.

5. The Treaty on European Union specifies that any decision by the Union to move to a common defence would have to be taken by unanimous decision of the Member States and adopted in accordance with their respective constitutional requirements. The Government of Ireland have made a firm commitment to the people of Ireland, solemnized in this Declaration, that a referendum will be held in Ireland on the adoption of any such decision and on any future treaty which would involve Ireland departing from its traditional policy of military neutrality.

6. Ireland reiterates that the participation of contingents of the Irish Defence Forces in overseas operations, including those carried out under the European security and defence policy, requires (a) the authorisation of the operation by the Security Council or the General Assembly of the United Nations, (b) the agreement of the Irish Government and (c) the approval of Dáil Éireann, in accordance with Irish law.

The 26th amendment to the Constitution was approved by referendum and Article 29.4.9° was inserted into the Constitution:

The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to Article 1.2 of the Treaty referred to in subsection 7° of this section where that common defence would include the State.

I trust this clarifies the matter for the Deputy.

John Gormley (Dublin South East, Green Party)
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Question 117: To ask the Minister for Defence the reason this Deputy has not received a copy of the advice from the Attorney General on the legal basis of the triple lock; if this information will be supplied; and if he will make a statement on the matter. [6746/05]

Willie O'Dea (Limerick East, Fianna Fail)
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I have written to the Deputy in the past few days setting out the nature of the advice available to me.