Written answers
Wednesday, 16 September 2009
Department of Foreign Affairs
International Agreements
9:00 pm
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 777: To ask the Minister for Foreign Affairs if he will seek the negotiation and conclusion of an international mechanism to deal with depleted uranium similar to recent initiatives in relation to cluster munitions; and if he will make a statement on the matter. [30150/09]
Micheál Martin (Cork South Central, Fianna Fail)
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Ireland does not possess - and never has possessed - any weapons, armaments or ammunition containing depleted uranium. Ireland shares concerns which have been raised at the UN General Assembly about the potential risks related to the use of depleted uranium in armaments and munitions. We voted in favour of UN resolutions on depleted uranium in 2007 and in 2008.
In 2008, Resolution 63/26 called on the Secretary-General of the UN to request "relevant international organizations to update and complete, as appropriate, their studies and research on the effects of the use of armaments and ammunitions containing depleted uranium on human health and the environment."
The resolution also called on Member States to "facilitate such studies and research, and to communicate to the Secretary- General their views on the effects of the use of armaments and ammunitions containing depleted uranium."
In follow-up to that resolution, Ireland recently submitted a report to the UN Secretary-General setting out our views. The report mentioned our concerns about the potential harmful effects of the use of armaments and ammunition containing depleted uranium and the impact they could have on human health and the environment.
Ireland will continue to monitor this issue closely, especially in relation to the studies and research by relevant international organisations and any developments in the analysis of risks associated with the use of depleted uranium. The work of civil society in this area is also important. We maintain contact with NGOs such as the International Campaign to Ban Uranium Weapons (ICBUW). Officials from my Department met a delegation from ICBUW in Dublin in June 2009.
Finian McGrath (Dublin North Central, Independent)
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Question 778: To ask the Minister for Foreign Affairs if he will respond to queries (details supplied). [30243/09]
Micheál Martin (Cork South Central, Fianna Fail)
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On Friday, 2 October, the Irish people will be asked to endorse a package on the Lisbon Treaty that is fundamentally different from that of June 2008. One key change in the new package is the indefinite retention of Ireland's EU Commissioner. A series of binding legal guarantees ensures further protection in other areas of national sensitivity.
During last year's referendum, the retention of an Irish Commissioner was a central issue. The Conclusions of last June's European Council provide that, if the Treaty of Lisbon enters into force, the European Council will take a decision to ensure that the Commission will continue to include one national of each Member State. This requires that the Lisbon Treaty be ratified, as the existing Treaties will necessitate a reduced Commission from November 2009 onwards. Any future change to this decision would require a unanimous decision, which means that this could be blocked by Ireland or any other Member State. The other element of the new package is the set of binding legal guarantees on the right to life, education and the family, taxation and Ireland's traditional policy of military neutrality.
The legal guarantees make explicit that "[t]he Treaty of Lisbon does not affect or prejudice Ireland's traditional policy of military neutrality." The Treaty envisages that Member States will provide aid and assistance to another EU Member State which is the victim of armed aggression. However, it states that the obligation of aid and assistance shall not prejudice the specific character of the security and defence policy of each Member State. Our legal guarantee further states that "it will be for Member States—including Ireland, acting in a spirit of solidarity and without prejudice to its traditional policy of military neutrality—to determine the nature of aid or assistance to be provided to a Member State which is the object of a terrorist attack or the victim of armed aggression on its territory".
There is no obligation, therefore, to provide military support. Any action taken by Ireland must respect the relevant provisions of the Constitution and the relevant legislation, including provisions of the Defence Acts relating to UN authorisation and Dáil approval. These will be unchanged by the Lisbon Treaty. The guarantee on security and defence is reinforced by the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009, which would carry forward the existing constitutional ban on participation in a common European defence.
In relation to the Deputy's query about Permanent Structured Cooperation, I would note that Permanent Structured Cooperation only permits a group of Member States to develop higher-end military capabilities for ESDP missions and more extensive co-operation in such areas as training, equipment, and logistics. It has the potential to provide significant benefits in the form of enhanced capabilities for UN-mandated, EU crisis management missions as well as for peacekeeping missions under direct UN command. Permanent Structured Cooperation would be established by qualified majority vote.
The following point is critical, however: under the Lisbon Treaty no mission, including one utilising Permanent Structured Cooperation, may be launched without the unanimous approval of the Council. Ireland will always have a veto over any operation which might be launched by the Union.
Ireland is not obliged to participate in Permanent Structured Cooperation. This is confirmed in our legal guarantee, which states "t is also a matter for each Member State to decide, in accordance with the provisions of the Treaty of Lisbon and any domestic legal requirements, whether to participate in permanent structured cooperation".
The provisions of the Treaty, reinforced by the legal guarantees, make clear that our traditional policy of military neutrality would not be prejudiced by the entry into force of the Treaty. At the same time, the Treaty would ensure that the Defence Forces continue to occupy the position they have occupied for more than 50 years, at the forefront of peace support missions on behalf of the UN around the globe.
The legally binding nature of the guarantees obtained by Ireland at the European Council last June is beyond question. The guarantees, which take the form of a Decision of the Heads of State or Government, meeting within the European Council, constitute an international agreement, binding in international law. This was stated explicitly by the Heads of State or Government when they reached agreement in June 2009. The international agreement will take effect on the date of entry into force of the Lisbon Treaty, should next month's referendum be passed.
At the time of the conclusion of the next accession Treaty, the legal guarantees will be set out in a Protocol to the Treaty on European Union and the Treaty on the Functioning of the European Union. As a Protocol, the legal guarantees will enjoy the same status in EU law as the Treaties. They will form part of the fundamental law of the Union. I am satisfied that the new package we have obtained from the other Member States of the EU will give many who voted No last year the reassurance they require on sensitive issues to do with the right to life, education and the family; taxation; and defence and security. The legal guarantees on security and defence is given below, for the sake of completeness.
SECURITY AND DEFENCE
The Union's action on the international scene is guided by the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.
The Union's common security and defence policy is an integral part of the common foreign and security policy and provides the Union with an operational capacity to undertake missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter.
It does not prejudice the security and defence policy of each Member State, including Ireland, or the obligations of any Member State.
The Treaty of Lisbon does not affect or prejudice Ireland's traditional policy of military neutrality.
It will be for Member States - including Ireland, acting in a spirit of solidarity and without prejudice to its traditional policy of military neutrality - to determine the nature of aid or assistance to be provided to a Member State which is the object of a terrorist attack or the victim of armed aggression on its territory.
Any decision to move to a common defence will require a unanimous decision of the European Council. It would be a matter for the Member States, including Ireland, to decide, in accordance with the provisions of the Treaty of Lisbon and with their respective constitutional requirements, whether or not to adopt a common defence.
Nothing in this Section affects or prejudices the position or policy of any other Member State on security and defence.
It is also a matter for each Member State to decide, in accordance with the provisions of the Treaty of Lisbon and any domestic legal requirements, whether to participate in permanent structured cooperation or the European Defence Agency.
The Treaty of Lisbon does not provide for the creation of a European army or for conscription to any military formation.
It does not affect the right of Ireland or any other Member State to determine the nature and volume of its defence and security expenditure and the nature of its defence capabilities.
It will be a matter for Ireland or any other Member State, to decide, in accordance with any domestic legal requirements, whether or not to participate in any military operation.
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