Written answers
Wednesday, 19 March 2025
Department of Defence
Legislative Programme
Duncan Smith (Dublin Fingal East, Labour)
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230. To ask the Taoiseach and Minister for Defence when he will publish the draft heads of Bill for the Defence (Amendment)(No.2) Bill; if he will provide a copy of the proposed draft legislation; and if he will make a statement on the matter. [11315/25]
Simon Harris (Wicklow, Fine Gael)
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The Government recently approved the drafting of the Defence (Amendment) Bill 2025 along the lines of a General Scheme prepared by my Department. The drafting of the Bill will be progressed in conjunction with the Office of Parliamentary Counsel.
It is intended that this Bill will consolidate, with amendments, the existing provisions in the Defence Acts concerning the 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 United Nations 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.
It is proposed that the Bill will also set out the general principles that will apply when a contingent is being despatched and deployed for service as part of an International Force. There will be a requirement to seek Government approval and where the number of Defence Force personnel is over a certain number, Dáil approval is also triggered. Under the draft proposals, the number of Defence Force personnel that can be deployed as part of an overseas peace support operation without a Dáil resolution will increase from 12 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.
The Bill will also provide for the suspension from duty in certain circumstances of members of the Defence Forces as well as making other associated changes to the Defence Acts.
The General Scheme of the Bill will be published on my Department's website shortly.
The pre-legislative scrutiny process will commence once the Oireachtas Committees are established and will provide an opportunity to examine and debate the Heads of the Bill in detail and also to consult with the relevant stakeholders.
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