Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 177 to 183, inclusive, together.

I will address these Parliamentary questions together.

At the outset, I wish to highlight that proposals for overseas deployments have not been not brought to Government for approval in the absence of a UN Security Council Mandate.

As I stated in Dáil, last Thursday, 6th November, the current Triple Lock legislation in place allows members of the UN Security Council, by means of a veto or indeed threat of same, to bind this country's hands in its international peacekeeping engagement. Recent vetoes by a UN Security Council member on a proposed resolution for a full and unconditional ceasefire in Gaza last June and September, as well as the challenges evidenced over the summer with regard to the extension of the UNIFIL mandate are ample evidence of the issues impacting the decisions, and indeed, the efficacy, of the UN Security Council. With regard to the UNIFIL mandate particularly, in the event that the UNIFIL mandate was not extended, Ireland would have been in the position of having to plan to withdraw its Defence Forces personnel from UNIFIL immediately following the expiration of the mandate. Operation Althea in Bosnia is another recent example where issues arose in 2022 around the continuation of a UNSC mandate for missions, where Ireland was faced with the possibility of having to withdraw our personnel from that mission as the rollover of the mandate was not immediately forthcoming. This was eventually resolved, thankfully, and indeed, I note and welcome the recent extension to this Mission’s mandate at UN HQ in New York. It is important again, however, to note that no new peacekeeping missions have been approved by the UNSC since 2014.

As well as these examples, I have placed other examples where challenges were created by the lack of a UNSC mandate, on the record of the House previously, and I am happy to do so again. Among these examples are:

• In 2017, the Maritime Analysis Operation Centre (Narcotics), which is an international maritime intelligence centre supported by the EU, requested a Naval Service ship to assist with maritime drug interdiction operations. Although Ireland is a strong supporter of the Centre and was in fact one of the founding members, a ship could not be sent given that there would no UN mandate for such an operation.
• In 2015, the EUs security mission in the Mediterranean (the- then Operation Sophia)was established and did not secure a UNSC mandate until 2016. Ireland could not consider contributing to this mission until after this mandate was in place.
• In 1999, a permanent member of the UNSC vetoed the renewal of the United Nations Preventive Deployment Force (UNPREDEP). Because the subsequent European Union peace operation in the former Yugoslav Republic of Macedonia (fYROM/CONCORDIA) did not have a UNSC mandate, Ireland was unable to participate in that mission.

Regarding the question around the Nice and Lisbon Treaties; the term ‘Triple Lock’ which describes the deployment requirements for Defence Forces overseas, does not appear in defence legislation, nor indeed does it appear in the Constitution. The term first appeared in 2001 domestically in relation a non-legally binding annex to the 2nd Nice Treaty, (the Seville Declaration in 2002). After the Nice referendum, EU Leaders met in Seville (on 21–22 June 2002, under the then Spanish presidency of the EU) to discuss the outcome of the Irish Referendum. The Seville declaration was the result (Seville Declarations on the Treaty of Nice, to give it its full title). At that Summit, EU leaders accepted an Irish declaration that spelled out the existing Irish process with regard to overseas deployment of personnel to peace support operations – i.e. the Triple Lock – a UN mandate; Cabinet approval; and Dáil Éireann approval.

In 2009, in advance of the Lisbon II referendum, the Irish Guarantee on the Lisbon Treaty was agreed where Ireland re-stated its national position through a national declaration “that the participation of contingents of the Irish Defence Forces in overseas operations, including those carried out under the European Common Security and Defence Policy (CSDP) requires (a) the authorisation of the operation by the Security Council or the General Assembly of the United Nations, (b) the agreement of the Irish Government, and (c) the approval of Dáil Éireann, (when deploying in excess of 12 members of the Defence Forces )in accordance with Irish Law.

The process is set down in national legislation, in particular the Defence (Amendment) (No. 2) Act 1960 and the Defence (Amendment) Act 2006, as amended. The requirements or steps that make up the current process predate European level debates, and indeed pre-date the Nice and Lisbon treaties. As the Deputy will be aware, Ireland’s policy of military neutrality is characterised by non-membership of military alliances or common or mutual defence arrangements and this policy choice has been practised by successive Governments since the Second World War.

The current Programme for Government clearly sets out this Government’s intention to reform the legislation governing our overseas deployments and I wish to again underline that this is intended to be done whilst also ensuring that amendments to the legislation are in keeping with our values and policy of military neutrality. The proposed amendments to the legislation are in keeping with Ireland’s values and policy in this regard, and these changes do nothing to undermine that policy. As the Deputy will be aware, Ireland’s policy of military neutrality is characterised by the non-membership of military alliances or common or mutual defence arrangements. These legislative proposals have no effect on this policy. Amending the legislation which governs how we deploy our Defence Forces overseas does not require a referendum or national plebiscite, rather it will be debated and amended in the usual way.

The Pre-Legislative Scrutiny process of the General Scheme was completed at the end of July. This process provided the Oireachtas Committee with the opportunity to examine the Heads and to consult relevant stakeholders on the proposed legislation. I am grateful to all the members of the Committee, there are very good proposals within those recommendations which I am working through with my officials, as the Bill is being drafted.

I recognise, however, that in removing the UNSC requirement, that there is a need to strengthen the principles which govern the despatch of Defence Forces personnel overseas. Therefore, in parallel to removing the requirement for a UNSC mandate, text will be included in this Bill which will require that the mandate of future operations must be consistent with and adhere to the principles of the UN Charter and international law and good governance and accountability. Post-Triple Lock safeguard and oversight mechanisms are currently being considered, and these principles are being currently refined to ensure appropriate legal effect as part of the drafting process.

It is important to remember however that these proposed changes are about ensuring that Ireland can pursue an independent foreign policy and make its own sovereign decisions on participation in how and where we deploy our Defence Forces overseas on peace operations.

I also wish to take this opportunity to state unequivocally that they are not connected to any commitments made to EU or NATO partners, but rather to address the challenges I have outlined extensively above, and that I have outlined on the floor of the House a number of times previously.

Finally, the Deputy will also be aware of the the Consultative Forum on International Security Policy, held in 2023 with 80 panellists and moderators, approximately 1,000 attendees in person, with discussions live-streamed, with over 10,000 online views. In addition, over 850 written submissions were also received as part of this process. This Forum was open to, and attended by, many academics, current and former members of the Defence Forces as well as representatives from international institutions. The Forum provided an opportunity for open and interactive exchange of views, including in particular a balanced and well-informed discussion on the issue of UN peacekeeping and overseas deployments.

The outcome of these discussions and inputs on the Triple Lock formed a central part to the Report issued by the Chair of the Forum, which is publicly available. The Chair's report, based on the discussions at the Forum and the public submissions received, proposed that the current mechanism underpinning our overseas deployments should be reconsidered. The Report was presented to Government on in October 2023, and a Dáil debate on the outcomes of the Report was held on that November.

In conclusion, I again want to make it absolutely clear that this Government has no desire to alter Ireland’s policy of military neutrality, and that the amendments proposed will do nothing to change this. Our engagement overseas will continue to be firmly grounded in the principles of the UN Charter and international law and will, of course, require the consent of the democratically elected representatives of the people of Ireland.