The Government is set to square off with Opposition parties over proposed amendments to its plan to reform the “triple lock” mechanism for deploying Irish troops overseas.
Public sessions were held by the Oireachtas defence committee as part of pre-legislative scrutiny of the Government’s plan to remove the need for United Nations Security Council approval of Irish peacekeeping missions with more than 12 troops.
The Government contends countries like Russia have the power, under the UN Security Council motion requirement, to veto Ireland’s participation in missions.
The defence committee must publish a report on the proposal before it is sent back to the Dáil and Seanad for further consideration. A draft report has been circulated and amendments have been proposed by Opposition parties.
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Sinn Féin has submitted 111 amendments to the Bill. The committee is due to meet in private this week to discuss its recommendations and conclusions, which have not yet been agreed.
While the committee is chaired by Sinn Féin’s Rose Conway-Walsh, Government TDs and Senators have a majority of the membership.
Sinn Féin’s defence spokesman, Cork South Central TD Donnchadh Ó Laoghaire, is seeking to insert a recommendation that the Government must drop the sectionthat would remove the UN mandate requirement.
Currently the UN mandate, Government approval and a Dáil vote make up a triumvirate of pre-deployment sanctions that have come to be known as the triple lock.
[ The triple lock - a guardrail of neutrality, or an abandonment of sovereignty?Opens in new window ]
The Bill, as proposed by Government, envisages just Government and Dáil approval would be needed in future. The vast majority of the evidence heard by the committee during the pre-legislative scrutiny stage relates to this aspect, which is by far the most contentious part of the Bill.
The draft report outlines that the committee heard Ireland “appears to be in a unique position globally” in explicitly requiring a UN mandate for the overseas deployment of military personnel as part of an international force.
It outlines that some witnesses and contributors - and a majority of public submissions received - “were clear in their view that neutrality is a key consideration which is central to the proposed legislation”.
Sinn Féin is further arguing that the proposed legislation should be modified to recommend the convening of a citizens assembly to consider potential wording for a constitutional provision outlining and protecting Ireland’s neutrality. The party wants a referendum to be held thereafter to “definitively enshrine neutrality in the Constitution”.
The Labour Party has also sought changes, including in connection with its concern that each overseas mission could end up being litigated to ensure it is consistent with UN Charter principles. It wants to an amendment calling on the Minister for Defence to publish details about how the new arrangements will work.
It also wants safeguards against the dispatch of the Defence Forces in circumstances where it could give rise to liability for the crime of aggression before the International Criminal Court.
The party also wants a change to the Bill to the effect that the triple lock would only be lifted if a proposed mission was denied UN Security Council approval due to a veto from a permanent member.
It is asking for specific circumstances to be set out in the legislation where troops might be deployed under the new system and seeks for troops to remain under Irish command.
