I move: "That the Bill be now read a Second Time."
The purpose of this Bill is to amend the Garda Síochána Act, 1924, and the Police Forces Amalgamation Act, 1925 to enable members of the Garda Síochána to serve outside the State with peace-keeping forces of the United Nations. There is a particular reason for this Bill being introduced now and for its passage through the House being a matter of some urgency. Following the successful conclusion of negotiations between all the parties concerned in the dispute over Namibia, South West Africa, Ireland has been called on to supply in the next few weeks a national contingent of members of the Garda to serve there with the United Nations forces. The UN force in Namibia will be known as the United Nations Transition Assistance Group (UNTAG) and it will assist in the peaceful transfer of power in that country to its own population. The Garda Síochána Acts preclude members of the Garda from serving outside the State and the Government are advised that it is necessary to enact amending legislation now to enable them to respond urgently to this request from the United Nations and, indeed, to be enabled to meet any future such request.
As the House will know, Ireland has taken a keen, and sometimes prominent, interest in Namibian independence. Since we joined the United Nations in 1955, successive Irish Governments have spoken out against South Africa's occupation of the territory and have urged the international community to bring pressure to bear on South Africa to withdraw from the territory so that its people could exercise their right to self-determination.
I do not think it is necessary for me here to rehearse the entire history of United Nations involvement in the Namibia issue, a history that is long and complex — politically, diplomatically and legally. It is, nevertheless, worth while to recall its main outlines.
In 1920, South Africa was entrusted by the League of Nations with a mandate over the territory of South West Africa, now called Namibia. After the demise of the League, South Africa, unlike other mandatory powers, declined in 1946 to place the territory under UN trusteeship. It declined also in 1949 to continue submitting reports to the UN on the territory as it was obliged to do under the UN Charter. Moreover, in 1950 it refused to accept the advisory opinion of the International Court of Justice which held that the functions of supervision under the mandate should be exercised by the United Nations.
Throughout the fifties and sixties, while South Africa consolidated its position in Namibia and applied to the territory many of its apartheid policies, the UN continued with its efforts. In 1966 the General Assembly declared South West Africa to be henceforth a direct responsibility of the United Nations and the following year called on the Security Council to take effective measures to ensure the removal of the illegal presence of South Africa from the territory.
In 1969 the Security Council reaffirmed the termination of South Africa's mandate by the Assembly, called upon South Africa to withdraw its illegal presence and stated that if South Africa failed to do so the Council would decide on necessary measures in accordance with the Charter. Ireland fully supported the decision of the General Assembly to terminate the mandate and welcomed the Security Council's decision to assume its responsibilities.
The legal position was clarified beyond any doubt in an advisory ruling of the International Court in 1971 which held that South Africa was under an obligation to withdraw from Namibia immediately and that the member states of the United Nations were under an obligation to recognise the illegality of South African presence there. This opinion was accepted by the Security Council and its efforts since then have been directed towards giving effect to these decisions.
These efforts have crystallised around two important Security Council Resolutions which provide the basis for the present settlement of the long running dispute over Namibia. Resolution 385 in 1976 declared it imperative that free elections under the supervision and control of the United Nations be held for the whole of Namibia. Resolution 435 in 1978 endorsed an independence plan for Namibia based on settlement proposals drawn up the previous year by five members of the Security Council, viz., the USA, Britain, France, the Federal Republic of Germany and Canada.
Following several abortive attempts by the UN to persuade South Africa to accept the UN settlement plan, the US in May 1988 initiated a series of talks with Angola, Cuba and South Africa to consider possibilities for a settlement to the conflicts in both Namibia and Angola. These negotiations finally reached a successful conclusion in December 1988 with the formal signing in New York of a series of agreements which paved the way with respect to Namibia for the official establishment of the United Nations Transition Assistance Group (UNTAG). The role of the group set out in the UN Plan of 1978 is to oversee the transition of Namibia to independence.
This plan which is currently under review by the UN envisages the establishment of a group comprising a military component of seven battalions of which four will be held in reserve, a police component of 500 and a civilian staff the number of which has not been determined. The functions of the police component, which will be required for a period of up to one year, will be essentially to prevent any intimidation or interference in the electoral process and to oversee the conduct of the existing police force in Namibia during the transition period. The police will be organised in units drawn from the various national contingents. The Government have already agreed to a UN request to provide 20 military observers for Namibia and these will be drawn from the ranks of the Permanent Defence Forces.
In 1978 when the plan on which the present negotiations are based was first developed, Ireland was asked by the UN, and agreed in principle subject to the necessary legislative and administrative arrangements, to provide a national contingent of gardaí.
The UN has now renewed that request for gardaí to serve with UNTAG and a contribution of up to 35 members of the force to the total police component of 500 has been sought. A breakdown of the ranks of those it is proposed to send is as follows: one chief superintendent, two superintendents, two inspectors, seven sergeants and 23 gardaí. The financial arrangements are likely to be similar to those for UNIFIL, the United Nations Interim Force in the Lebanon.
Namibia is the last major colonial issue before the United Nations and the Government are in no doubt that a successful outcome to a peaceful transition to independence there will represent a major success for the United Nations Organisation and, indeed, for the rule of law and for the principle of settling international disputes by negotiation. Our commitment to Namibian independence and our peacekeeping record with the UN in many parts of the world suggest that we should agree to help the United Nations in resolving one of its longest outstanding issues and one of its largest ever undertakings. I am confident that our gardaí can, if called upon to do so, enhance the already outstanding peacekeeping record of our Defence Forces, and play a distinguished and honourable role in the historic task of helping to bring independence and self-determination to Namibia and peace and security to a troubled region.
I would like to turn now to the contents of this short Bill. Section 2, subsection (1) empowers the Government to send a contingent of the Garda Síochána for service outside the State with an international United Nations Force and subsection (2) of section 2 enables the Government to determine the number and ranks of the members of the Garda Síochána who would be included in such a contingent.
Section 3 of the Bill ensures that all the members of such a Garda contingent would be volunteers and that, ultimately, the decision about whose offers to serve would be accepted would rest with the Garda Commissioner.
On Committee Stage I propose to move an amendment which will provide for the registration here of certain births and deaths occurring overseas during the service of contingents of the Garda Síochána with the UN. This is intended particularly to deal with the situation in places where the civil authorities are not in a position to provide such certification, or to do so sufficiently quickly, because of disorder in the country in question or for any other reason.
The death of gardaí on overseas service may not be a particularly likely eventuality and it is one that we would all earnestly wish would not occur. However, I am sure Members will agree with me that it is far better to make provision now for such an eventuality in case it does arise rather than be left in the position of having to attempt to do so after that event. The amendment which I am proposing should shortly be in circulation to Members who may be interested to note that it follows very closely section 6 of the Defence (Amendment) (No. 2) Act, 1960.
In 1960, the then Taoiseach, the late Seán Lemass, moved the Second Stage of the Defence Bill enabling Army contingents to be sent on UN missions abroad. In his speech on that occasion, he acknowledged that our adherence to the UN Charter imposed substantial obligations on this country. He also referred to Article 29 of our Constitution, Bunreacht na hÉireann, which solemnly affirms Ireland's "devotion to the ideal of peace and friendly co-operation amongst nations, founded on international justice and morality". As Seán Lemass saw it, it was not only our moral duty but also in our national interest to support the United Nations to act in any situation in any part of the world that might endanger peace and to be prepared, where necessary, to contribute from our resources to the fulfilment of the UN's responsibilities in such event.
I would submit that the three decades which have elapsed since the Dáil first agreed to national participation in UN peacekeeping missions have not changed the validity of our commitment to such activity. They have, if anything, endorsed it. It is for this reason that I have no hesitation in commending this Bill to the House.