Jack Wall (Kildare South, Labour)
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Question 82: To ask the Minister for Foreign Affairs his views on the evidence of a person (details supplied) at the Goldsmith inquiry into the invasion of Iraq, that a consensus of legal opinion held that going to war in Iraq was a clear breach of international law, and that in so far as statements by the then Taoiseach to Dáil Éireann, in relation to the Iraq war, relied on similar materials and arguments as those used by then British Prime Minister; his further views on whether the answers to questions, and the discussion of motions in Dáil Éireann, was also relying on false information. [7163/10]

Micheál Martin (Cork South Central, Fianna Fail)
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Speaking in Dáil Éireann on 20 March 2003, at the commencement of the debate on a Government motion tabled by the Government noting the imminence of military action by a United States led coalition against Iraq, the then Taoiseach said the following in relation to the interpretation of Security Council Resolution 1441: "Ireland made its position clear in the Security Council, immediately after the vote [to adopt Resolution 1441]. We said it was for the UN Security Council to determine what action should be taken in the event of continued Iraqi non-compliance. Other members of the Council, including most notably the United States, stated their view that a second resolution was not a precondition for military action. They pointed to their strong conviction that there was an outstanding mandate for the use of force based on previous resolutions. They were not willing to bind themselves to the obligation of waiting for a future resolution which, in their view, might unreasonably be denied.

There is no clear legal consensus on whether such a mandate exists. The arguments advanced by the coalition are supported by a number of countries which are not participating in military action. Ireland, however, cannot participate in a military campaign without an explicit, further UN mandate."

It is clear from the above that the then Taoiseach was simply recognising the fact, very much evident at the time, that there was no consensus on the legality of the invasion of Iraq, while making very clear the position of the Government that Ireland could not and would not participate in military action against Iraq in the absence of a further Security Council Resolution endorsing such action.