Clare Daly (Dublin North, United Left)
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732. To ask the Minister for Foreign Affairs and Trade if he is satisfied that our legislative position regarding neutrality is sufficiently robust and compliant with international laws governing neutrality; and if he will make a statement on the matter. [11652/15]

Charles Flanagan (Laois-Offaly, Fine Gael)
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Ireland's traditional policy of military neutrality, which has been pursued by successive Governments, is characterised by non-participation in military alliances. The Government's continued commitment to this policy was most recently re-confirmed in its recently published Foreign Policy Review “The Global Island” which clearly stated that “Our policy of military neutrality remains a core element of Irish foreign policy”.

The policy of military neutrality is not set out in legislation. However, the deployment of Irish military personnel outside the State is governed by legislation, namely the Defence Acts of 1960 and 2006. The legislation provides for a 'Triple Lock' under which operations must be mandated by the United Nations, participation in operations must be approved by the Government and with certain limited exceptions must be approved by way of a resolutions of Dáil Éireann.

Legal safeguards are also in place to ensure that Ireland's neutrality is not affected by our EU membership. Ireland's participation in a European common defence is prohibited by Article 29.4.9 of the Constitution. Any change in that position could take place only with the approval of the people in a referendum to amend the Constitution. Moreover, the Protocol on the concerns of the Irish people on the Treaty of Lisbon, which is annexed to the Treaty on European Union, states quite clearly that the Treaty “does not affect or prejudice Ireland's traditional policy of military neutrality.”

I am satisfied that the Government's continuing commitment and the legal provisions which I have outlined provide a strong framework for our policy of military neutrality.