Written answers

Thursday, 21 March 2024

Department of Defence

Military Neutrality

Photo of Matt CarthyMatt Carthy (Cavan-Monaghan, Sinn Fein)
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51. To ask the Taoiseach and Minister for Defence the timeframe in which he intends to bring forward proposals to remove the triple-lock neutrality protection; and if he will put these proposals before the people a referendum. [13155/24]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The so-called Triple Lock mechanism sets out the conditions for the deployment of Defence Forces' personnel for peacekeeping operations overseas. These include that the operation must be mandated by the UN, (either by the Security Council or General Assembly), approved by the Government and it must be approved by way of resolution of Dáil Éireann, where the size of the Defence Force contribution is more than 12 personnel.

Last year’s Consultative Forum on International Security Policy featured a well-informed discussion on the issue of UN peacekeeping and the Triple Lock, which was reflected in the Chair’s report. As I have set out in the Dáil, we clearly need a new process to replace the current system which effectively allows UN Security Council members to bind Ireland’s hands in its international engagement.

Arising from this, I have instructed officials in my Department to prepare legislative proposals without delay that would govern future overseas deployments of our Defence Forces. Work on the preparation of those legislative proposals is advancing, with a view to proposals being brought to Government shortly.

It is important that I emphasise, however, that any legislative proposals will remain fully consistent with the principles of the UN Charter and international law.

W hile the modalities of the Triple Lock is set out in defence legislation, it is not set out nor referenced in our Constitution and therefore a referendum would not be required.

However, as the Deputy will be aware, the General Scheme of any Bill will be brought for pre-legislative scrutiny consideration by the Oireachtas Committee on Foreign Affairs and Defence to determine if pre-legislative scrutiny is required. Any proposals agreed by Government will then have to be presented to, debated and approved by the Dáil and Seanad, thus providing the Oireachtas with ample opportunity to scrutinise any such proposals.

Any modification to the Triple Lock will continue to require Government and Dáil approval, where appropriate, for the dispatch of Defence Forces’ personnel to take part in peacekeeping and similar missions and will do nothing to change Ireland’s traditional position of military neutrality, which is characterised by Ireland's non-participation in any military alliance.

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