Written answers
Wednesday, 19 March 2025
Department of Defence
Legislative Measures
Roderic O'Gorman (Dublin West, Green Party)
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245. To ask the Taoiseach and Minister for Defence if the proposed changes to the triple lock will apply only to peacekeeping missions or will also apply to peace-enforcement missions; and if he will make a statement on the matter. [11920/25]
Simon Harris (Wicklow, Fine Gael)
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I wish to inform the Deputy that the Heads of Bill regarding amendments to Overseas Deployments 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.
The UN Security Council has over the years adopted the practice of invoking Chapter VII (peace enforcement) of the Charter when authorizing the deployment of UN operations into volatile post-conflict settings where the State is unable to maintain security and public order.
Given the current global security, UN missions are becoming increasingly in the peace enforcement space rather than peacekeeping. Chapter VII missions have been increasingly normal for UN missions in Africa. The UN missions in Sudan, Central African Republic, Mali and Democratic Republic of Congo have all operated under a Chapter VII mandate. Ireland has previously engaged in fifteen UN Chapter VII operations in East Timor, Eritrea, Liberia, Chad and more recently in Mali.
In relation to Chad, this was an EU-led mission operating under a UN peace enforcement mandate, which allowed it to ‘take all necessary measures, within its capabilities and its area of operation in eastern Chad and the north-eastern Central African Republic" to protect civilians, facilitate delivery of humanitarian aid and ensure the safety of UN personnel’. The Deputy may be aware however, that no new UN peace enforcement operation has been agreed since 2014.
Governing principles will, however, 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. 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 detail including around the issues of peacekeeping and peace enforcement. Consultation with the relevant stakeholders will also take place.
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