Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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357. To ask the Minister for Defence if Ireland was one of the 21 European Union member states participating in phase one of the European Union Naval Force Operation – Mediterranean, Operation Sophia, established by the European Council on 18 May 2015, which reached its full operational capability on 27 July 2015. [36019/15]

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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358. To ask the Minister for Defence in the event of the European Union Naval Force Operation – Mediterranean, Operation Sophia, migrating to phase two and phase three, as authorised by the European Council on 18 May 2015, if Ireland will participate in either or both phases; if the consent of the coastal state concerned is obtained in the absence of a United Nations Security Council Resolution, or if Ireland will be prevented from participating in this operation by the triple lock policy or the Defence (Amendment) Act 2006 (No. 20 of 2006). [36020/15]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 357 and 358 together.

The EU military mission EUNAVFOR MED is one element of a comprehensive approach to addressing the migration crisis in the South Central Mediterranean. The Council Decision to launch the mission was adopted at the formal Meeting of the Foreign Affairs Council in Brussels on 22 June 2015. Ireland has not to date participated in this military mission.

The operation will be implemented in sequential phases and the first phase, to support the detection and monitoring of migration networks through information gathering and patrolling in accordance with international law, is completed. The second phase involving the targeting, seizure and diversion of the vessels of human smugglers and traffickers is divided into two parts;

- Part (i) to undertake these actions on the high seasunder the conditions provided for by applicable international law, including UNCLOS and the Protocol against the Smuggling of Migrants, and

- Part (ii), in accordance with any applicable UN Security Council Resolution or consent of the coastal State concerned, to undertake these actions on the high seas or in the territorial and internal waters of that State, under the conditions set out in that Resolution or consent.

The third phase will involve taking all necessary measures against vessels including through disposal or rendering them inoperable. No political discussions have yet taken place on the commencement of the third phase. The requirement for UN Security Council Resolution or consent of coastal State also applies to this phase.

On 14 September, the General Affairs Council (GAC) adopted the assessment that conditions have been met to move to Phase 2 Part (i). In accordance with the Council Decision of 18 May establishing the mission, the Political Security Committee (PSC) agreed the legal decision on 28 September to make the transition to Phase Two, Part (i).

On 9 October, the United Nations Security Council adopted Resolution 2240, under Chapter VII of the UN Charter, authorising operations in the Mediterranean for a period of one year. This resolution covers operations by the EU on the high seas onlyi.e. Phase 2, Part (i), and involves the targeting, seizure and diversion of the vessels of human smugglers and traffickers.

While Ireland is fully supportive of the EU approach to this crisis and reaffirmed its political support for the transition to Phase 2 Part (i) at these meetings, there are no plans to deploy naval personnel or vessels to the EU Mission at this time. The LE Samuel Beckett will continue humanitarian search and rescue operations in the Mediterranean in close co-ordination with the Italian authorities. Following completion of her mission in early December, the operation will be reviewed in detail.

The question of any future deployment and the nature of any such deployment will be examined in the context of the ongoing situation in the Mediterranean and the overall EU response thereto, the demands on the Defence Forces, our overseas commitments and available resources and the nature and mandate of the operation. That said, I remain open to the possibility of further participation by the naval service in the Mediterranean next year if needed, subject to Cabinet approval.