Duncan Smith (Dublin Fingal East, Labour)
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12. To ask the Taoiseach and Minister for Defence when he intends to publish the heads of the Defence (Amendment) (No.2) Bill; if he will provide an outline of the issues he intends to address in the Bill; what consultations he intends to hold and if he will provide for pre-legislative scrutiny; and if he will make a statement on the matter. [9905/25]

Simon Harris (Wicklow, Fine Gael)
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I wish to inform the Deputy that the Heads of Bill were presented to and approved by Cabinet on 4th March.

The purpose of this Bill, which reflects the Government decision of 30 April 2024, is to consolidate, with amendments, the existing provisions in the Defence Acts concerning overseas despatch of members of the Defence Forces for service outside the State as a new Part of the Defence Act 1954.

The Bill will provide for the modification of the existing requirement regarding the ‘Triple Lock’ in relation to the despatch of the Defence Forces for service outside the State as part of an International Force.

In effect, the requirement for a UN mandate will be removed. However, governing principles will be included in the legislation which will apply to any future deployments where operations must adhere to the principles of the UN Charter and international law. These principles will be refined to provide appropriate legal effect during the drafting process.

It is proposed that the Bill will also set out the general principles that will apply when a contingent is being despatched for service as part of an International Force. There will be a requirement to seek Government approval and where the number of Defence Forces is over a certain number, Dáil approval is also triggered. At the moment that number is 12 but the legislation is intended to increase that number to 50.

In addition, the Bill will also deal with the despatch of members of the Defence Forces outside the State for any purpose other than for the purpose of service with an International Force. Additional circumstances are being proposed for inclusion such as undertaking military close protection duties; and crisis management emergency evacuation of Irish citizens from volatile security environments.

Also, the Bill may also propose a new purpose of the participation in international operations to counter illicit trafficking by sea and air. This is primarily to facilitate potentially greater participation by Ireland in the Maritime Analysis and Operations, Centre (Narcotics)MAOC(N).

The pre-legislative scrutiny (PLS) process will commence once the Oireachtas Committees are established and will provide an opportunity to examine and debate the Heads in details and also to consult with the relevant stakeholders. Once this process is complete a draft Bill will go to Government. It is expected that the Bill will go through the various stages, it will be presented to, debated, and approved by both the Dáil and Seanad. The Oireachtas will therefore have ample opportunity to scrutinise the proposals.