As set out by the Minister earlier in this session, the purpose of the defence (amendment) Bill is to consolidate the existing provisions of the Defence Acts concerning the despatch of members of the Defence Forces for service outside the State. In effect, the requirement for a UN mandate will be removed. It will modify the existing requirement regarding the so-called triple lock mechanism in relation to the despatch of the Defence Forces for service outside the State as part of an international United Nations force.
It is important to note that the Bill will also seek to amend the Defence Act to provide for the suspension of members of the Defence Forces, thereby giving effect to recommendations in the 2024 Ward report on the management of members of the Defence Forces charged with, or convicted of, serious criminal offences.
There has been extensive engagement between the Department and the Office of the Parliamentary Counsel on the drafting of the Bill, and the Minister intends to bring the Bill to the Government for approval shortly.
As previously outlined to the House, the continued reliance on a UN Security Council mandate can have direct practical consequences for Ireland’s peacekeeping engagements. A very recent and tangible example is in relation to UNIFIL. We saw one power exercising its veto at the UN Security Council. Had the mandate for UNIFIL not been renewed - as was the case for a short period of time - Ireland would have been legally obliged to plan for the immediate withdrawal of Defence Forces personnel from that mission. Similar issues arise in respect of other operations, with concerns arising in relation to the upcoming renewal of the UN mandate of Operation Irini in the Mediterranean in early June. The outcome is currently unclear and if this mandate is not renewed, it would necessitate the immediate withdrawal of Irish troops under the current legislative provisions. The mission would continue nonetheless in its humanitarian work and its work to prevent illegal weapons coming into Europe because it is an EU mission.
The Bill also provides for reinforced safeguards governing any future overseas deployments. While the UN Security Council mandate requirement is being removed, the legislation expressly requires that all such deployments be consistent with the principles of the UN Charter and with international law.