Dáil Éireann debate -
Wednesday, 19 Apr 2000

Vol. 518 No. 4

Criminal Justice (Safety of United Nations Workers) Bill, 1999 [ Seanad ] : Second Stage.

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

I move: "That the Bill be now read a Second Time."

The enactment of this short but important Bill will enable Ireland to accede to the Convention on the Safety of United Nations and Associated Personnel which was adopted by the General Assembly of the United Nations on 9 December 1994. The purpose of the convention is to secure the better protection of personnel engaged in UN efforts in the field of preventive diplomacy, peace making, peacekeeping, peace building and humanitarian and other operations. The current position is that 43 states have signed the convention and, of that number, 31 are parties to the convention, having ratified, acceded to or approved its terms. The convention entered into force on 15 January 1999.

Ireland has a long and distinguished record of involvement with peacekeeping missions throughout the world and it will come as no surprise to Members that we were active in promoting agreement on the adoption of this international instrument, in fact we were a co-sponsor of the resolution which led to the convention. The adoption of the convention reflected the concern felt among the international community generally at the growing number of deaths and injuries resulting from deliberate attacks against UN personnel.

It is fitting that we should reflect on the dedication shown by our men and women of An Garda Síochána and the Defence Forces who volunteer for what are often dangerous missions with the United Nations. I have had the privilege of seeing at first hand the work done by gardaí on such missions. Likewise, my colleague, the Minister for Defence, has seen the tremendous contribution made by the members of the Defence Forces to UN missions. Last May a delegation from the Oireachtas Joint Committee on Justice, Equality and Women's Rights, as it was then known, visited the Irish troops serving with UNIFIL. That delegation received extensive briefings from the officer commanding the battalion and his staff officers and also had the opportunity to meet the troops and see at first hand the conditions under which they operate in the Lebanon.

The safety of Irish personnel serving abroad is of paramount importance to the Government and every effort is made to ensure that those who volunteer for foreign missions are adequately trained and equipped to carry them out. Sadly, however, not all those who volunteer for UN missions return safely. I want to remember today those who lost their lives while serving with such missions. One member of the Garda Síochána lost his life in Sarajevo in 1995. Eighty one members of the Defence Forces have also lost their lives. This figure includes the four young soldiers who died in the tragic traffic accident in the Lebanon on 14 February last. Today, too, we must remember the many others who have been injured, some quite seriously, in the course of duty with UN missions.

It is only right that the bravery of all who have given their lives serving with missions striving for peace in war torn parts of the world should be remembered with fitting memorials. Deputies might like to know that a memorial to the memory of all those who have died on UN duty is located at the headquarters of the Irish United Nations Veterans Association in Dublin. I also understand from my colleague, the Minister for Defence, that there are a number of memorials at various Army barracks around the country to the memory of the deceased members of the Defence Forces who have lost their lives while serving abroad.

The convention applies not only to soldiers and police but also to civilians who come within the definition of "United Nations worker" contained in section 1. What the convention means in practical terms for the members of An Garda Síochána and the Defence Forces and others serving with peacekeeping missions is that, following the passing of this legislation and the completion of the accession process, they will have the added protection that the convention provides. I will give a brief outline of where the members of An Garda Síochána and the Defence Forces who will benefit from the terms of the convention are currently serving. As regards the Garda contingents, at present there are 50 members engaged in peacekeeping duties with the United Nations overseas to whom the convention applies, 35 members are with the UN international police task force in Bosnia-Herzegovina and 15 members are with the UN force in Cyprus. We have about 650 members of the Defence Forces serving with eight UN missions overseas who will benefit from the provisions of this convention. The vast bulk of them are in the Lebanon, approximately 600.

Deputies will see that Article 2 of the convention specifically excludes operations sanctioned under chapter VII of the UN Charter in which any of the personnel are engaged as combatants against organised armed forces and to which the law of international armed conflict applies. At present we have 197 members of the Defence Forces serving with missions sanctioned under chapter VII. Fifty one members are located in Bosnia-Herzegovina with the stabilisation force for that country. A further 100 or so personnel are in Kosovo and 40 personnel are serving with the United Nations transitional administration in East Timor. While these members of the Defence Forces do not come within the remit of this con vention, they do have the protection afforded by the Geneva Conventions of 1949. Effect was given to the Geneva Conventions in Irish law by the Geneva Conventions Act, 1962.

Dwelling for a few moments on the role of the gardaí in peacekeeping operations, I refer to a discussion paper on Ireland's involvement in international police missions which I published last December. It outlines the history of Garda involvement with peacekeeping missions stretching back ten years. I was of the view that it was right we should evaluate the significant contribution made by the Garda in that ten year period and also plan for the future. I arranged that a copy of the discussion paper be placed in the Oireachtas Library of this House on 7 December 1999. For those who have had an opportunity to read it I think they will agree that the gardaí have done us proud in the contribution they have made to the many missions abroad. Since 1989 more than 500 gardaí have served with United Nations missions and with the Organisation of Security and Co-operation in Europe, OSCE, in locations such as Namibia, Cambodia, Cyprus, East Timor, the Balkans and many others. I look forward to receiving the views of interested individuals, groups and organisations on the issues raised in the document.

Returning to the provisions of the Bill, the key requirements of the Convention are in Article 9 which requires us to make:

–attacks upon the person or liberty of United Nations personnel and associated personnel;

–attacks on property used by such personnel; and

–certain threats against such personnel offences under our law.

In addition we are required to establish jurisdiction over these offences where the alleged offender is found on our territory and we do not extradite him or her – in that event we are obliged to submit the case to the competent authority for the purpose of prosecuting the person in our courts.

The main provisions are to be found in the first four sections. Sections 6 to 9 provide for consequential amendments to other legislation.

The offences under the Bill relate specifically to attacks on "United Nations workers" and on the premises of vehicles of those workers. The definitions of "United Nations personnel" and "Associated personnel" in the Convention have been combined to form the definition of "United Nations worker" in section 1. Similarly, the definition of what amounts to a "United Nations operation" is as set out in the Convention. I have scheduled the Convention to the Bill for ease of reference.

Section 2 deals with the situation where a "United Nations worker" is attacked. The section provides that an act done outside the State against a UN worker, that, if done in the State, would constitute one of the offences specified in Part I of the Second Schedule to the Bill, shall be an offence and punishable as if done in the State. The approach taken in Part I of the Second Schedule is to list the relevant offences against the person under our existing law. The list includes sexual offences under the Criminal Law (Rape) (Amendment) Act, 1990; the offences against the person provided for in the Non-Fatal Offences against the Person Act, 1997, and the offence of causing an explosion likely to endanger life or property under section 2 of the Explosives Substances Act, 1883 .

Attacks on the property of a "United Nations worker" are dealt with in section 3 and Part II of the Second Schedule to the Bill specifies the relevant offences under our law. This section provides that an act done outside the State in connection with an attack on the premises or vehicle of a UN worker, that, if done in the State, would amount to an offence set out in Part II of the Second Schedule to the Bill, shall be an offence and punishable as if done in the State. The offences listed in Part II of the Second Schedule are the offences against property set out in the Criminal Damage Act, 1991, and an offence under section 2 of the Explosives Substances Act, 1883. The section also includes a definition of what constitutes "premises" or a "vehicle" of a "United Nations worker".

Sections 2 and 3 rely on existing offences under our criminal law while section 4(3) creates a new offence of threatening, carrying a penalty of up to ten years imprisonment. In accordance with subsection (2) of the section a person commits the offence if in order to compel a person to do or to refrain from doing any act, that person threatens to commit an act which is an offence under section 2 or section 3 of the Bill and the perpetrator intends that the person to whom the threat is made shall fear that the threat will, in fact, be carried out.

All trials on indictment are conducted at the suit of the Director of Public Prosecutions but prosecutions for summary offences and the institution of preliminary examinations for indictable offences, while such examinations continue, may be commenced by others. Because of the unusual and international character of the offences we are dealing with here, all prosecutions under the Act will, in accordance with section 5, require the consent of the Director of Public Prosecutions. That section also contains a provision to take account of overlapping provisions in legislation relating to extraterritorial jurisdiction. Already under section 38 of the Extradition Act, 1965, an offence committed outside the State by an Irish national is in certain circumstances an offence under Irish law. In the event of an Irish national finding himself or herself accused of an offence under the Bill which has been committed abroad, any proceedings will be taken under this Bill and not under section 38 of the 1965 Act.

Sections 6 to 9 deal with consequential amendments to other statutes. I will mention briefly, what those amendments entail. The Defence Act, 1954, is being amended as regards the jurisdiction of courts-martial to deal with offences under the Bill. The effect of the amendments of the Criminal Procedure Act, 1967, is that pleas of guilty in preliminary examinations, while such examinations continue, in relation to offences in the Bill will be sent forward for sentence to the court of trial and that applications for bail may be made only to the High Court. The Criminal Justice Act, 1999, contains provisions abolishing the preliminary examination in the District Court with the necessary consequential changes. However, until such time as those provisions are brought into effect we must continue to make provision in relation to the preliminary examination. My Department is in consultation with the courts in relation to the changes in court rules which will be required before the relevant provisions of the 1999 Act can be brought into force.

Offence under the Bill will be added to the Schedule to the Extradition (Amendment) Act, 1994, by virtue of section 8. This means that the offences cannot be considered to be political offences and consequently extradition cannot be refused in relation to them on that ground. Given the seriousness of the offences in this Bill I have decided that they should be subject to the bail regime provided for in the Bail Act, 1997 – section 9 so provides.

The Convention requires States Parties to take jurisdiction over Convention offences. This means that prosecutions for the same act could, therefore, be possible in several countries. Section 10 has regard to that by providing that where a person has been acquitted or convicted outside Ireland of an offence, then that person shall not be proceeded against for an offence under the Bill here, in respect of the act constituting the first-mentioned offence.

I hope the proposals in this short but significant Bill will meet with the approval of all Deputies. I was glad to be able to give priority to the drafting of this Bill within my substantial legislative programme. Since taking office, 25 Bills which I have brought before the Oireachtas have been enacted. I have a further 14 Bills before the Houses of the Oireachtas. I am determined to continue with my reform of the law both on the criminal and the civil side and to that end I have another 25 Bills in course of preparation – in all, the legislative programme for my Department amounts to close to one third of the Government's overall legislative work programme. Maybe Deputy Jim Higgins will seek an increase from his Leader.

I hope this Bill can be enacted at the earliest opportunity so that the accession process can be put in train and the added protection afforded by the Convention will be available to all those who serve with the UN on peacekeeping missions. Those dedicated men and women serving with UN peacekeeping missions abroad deserve no less from us as legislators.

I will listen carefully to all comments and suggestions during the debate.

I commend the Bill to the House.

Mr. Higgins

(Mayo): I thank the Minister for recognising our capacity for keeping him on his toes and the need for due monetary recognition for same.

One of the most gratifying experiences I had as Government Chief Whip and Minister of State at the Department of Defence was the visits to Irish personnel serving overseas with the United Nations. The Irish personnel in Israel, Syria, Bosnia-Herzegovina and in other parts of the world are a credit to Ireland. I had the pleasure of seeing at first hand on two occasions the peace maintenance role of the Garda and Irish soldiers in Cyprus as part of the UNFICYP operation For many years Irish personnel have been to the forefront in patrolling the peace line between the Greek and Turkisk sectors in the island and have been extremely successful in ensuring the integrity of the peace line by being firm and fair in the handling of situations which can arise from time to time.

I also had the pleasure of visiting south Lebanon on two occasions. The UNIFIL operation in south Lebanon is in one of the most hazardous trouble spots in the world. The Irish contingent serve side by side with contingents from Fiji, France, Holland and so on. One has only to look at the number of young Irish soldiers who have died in the service of international peace in Lebanon alone, including a neighbour of mine, Private Billy Kedian, last May to appreciate just how dangerous the situation is on a daily basis.

The most harrowing experience I came across was on a visit to Kano in the Fiji battalion area. An Israeli shell hit a compound where almost 100 Lebanese women and children were sheltering. They were all wiped out. The evidence of the carnage is still splattered on the walls and floor of the ruined building. At both of the medal parades which I attended in south Lebanon one listened with considerable pride when in the presence of officers from all the other UNIFIL battalions the force commander Wozniak lavished profuse but well deserved praise on the skills of the Irish and particularly the diplomatic skills they bring with them as peacekeepers and as peacemakers.

One of the secrets of the success of Irish UN activity abroad has been that the Irish do not see themselves as peacekeepers or peace enforcers. They see their role as the more constructive one of building peace. To see practical examples of this is very gratifying. Irish engineers from the engineering corps make themselves available for local water and sewerage schemes and the Irish involve themselves in assisting and building local community projects. One of my most satisfying experiences was to visit an orphanage near Tibnin which is largely funded by Irish soldiers from their own salaries. I vividly recollect an officer called Mick Doherty sitting on the floor in the midst of a group of Lebanese orphan children who were counting from one to five in Dublin accents given to them by Mick Doherty, may God forgive him.

At home we hear only of the major incidents when soldiers die or are badly wounded. We do not realise, and I did not realise until I went to Lebanon, that incidents occur almost every day. These are recorded as "firings close". Every morning the roads must be mine-swept, which is another precarious exercise. One never knows when the Hizbollah will decide to strike at the Israeli occupied sectors and this is guaranteed to invite a swift and deadly Israeli response. In such situations the Irish and other UN contingents are like the meat in a sandwich. They are doing what we and the UN Security Council give them the mandate to do – underpinning and enforcing a UN mandate.

I welcome the measure before the Dáil to improve the protection of our personnel serving abroad by acceding to the Convention on the Safety of United Nations and Associated Personnel. Once again, however, we have been exposed for our incomprehensible tardiness in ratifying international conventions which we have enthusiastically promoted and embraced. How ironic – indeed one would be tempted to say how hypocritical – that Ireland sponsored, as one of the co-sponsors, the resolution which led to the convention being adopted by the United Nations General Assembly in December 1994 yet we still have not ratified the convention more than five years later. This is caused not so much by hypocrisy as by a combination of administrative lethargy and a kind of innate caution. We prefer to wait to see how the convention affects other signatory states before we ratify it ourselves. Having sponsored the idea, instead of leading the way as we should have done, we are now coming in at number 30 in the league of signatory countries.

Because the role of peacemaker is not always understood, it involves risks and dangers. Because warring factions are often ruthless they tend to have scant regard for the presence of peacekeepers or anyone else who gets in their way. It is not good enough that members of a neutral force, doing the bidding of the UN Security Council should be shot at or physically harmed. Will the Minister indicate to the House how, in practical terms, the convention and its powers have contributed to improving the safety of UN personnel abroad? For example, how many charges have been brought in respect of the provisions of this convention against the signatory countries? How many convictions have been won in respect of aggression or attacks on UN personnel?

I welcome the Bill. It affords us an opportunity of recognising the unique contribution which UN personnel from Ireland, both gardaí and Army, have made overseas. Long before Ireland took its place on the world stage or gained significance or prominence in the spheres of culture, sport, politics or humanitarian work, Irish soldiers abroad carried the Irish flag very proudly. All of us who heard the news of the Niemba ambush in the Congo recall that moment vividly. We recall the sense of national trauma as the cortege drove up O'Connell Street in Dublin bearing the bodies of Captain Gleeson and his comrades who lost their lives in far away Niemba. We recognise the ongoing contribution and the daily hazards which soldiers from this country face in the far corners of the world in ensuring that a UN mandate passed in New York is enforced in the interest of world peace.

We must also remember the wives and children of our soldiers who make considerable sacrifices. They remain at home for six months in the case of personnel serving in South Lebanon and much longer in the case of personnel serving in other parts of the world such as Cyprus. They make a unique contribution towards ensuring that Ireland plays its part in the maintenance of world peace.

This is a good Bill and I do not see how we can improve on it. The Minister will be delighted to hear it is unlikely that Fine Gael will propose any amendments on Committee Stage. The Bill has already been passed by the Seanad and the sooner it passes both Houses the better.

Ms O'Sullivan:

I welcome the belated introduction of this legislation although unfortunately, many UN conventions remain to be ratified and become part of Irish law. Some have been incorporated in amendments to the Human Rights Commission Bill, Committee Stage of which will be debated tomorrow. It is regrettable that it takes so long to enact legislation such as this. It has taken a particularly long time to bring this Bill forward. Nevertheless, I welcome the fact that the Bill is being debated and, like Deputy Higgins, I do not wish to delay its passage.

The Bill will allow Ireland to accede to the Convention on the Safety of United Nations and Associated Personnel, which was adopted in 1994. The convention contains a total of 29 Articles, and it details how the convention should be applied. It defines crimes against the UN and associated personnel and anyone who works abroad in a UN capacity is more than likely to be working in an extraordinary and potentially hazardous situation.

Ireland has a long and proud tradition of service in the UN family. Our defence forces, gardaí and civilian workers have made a massive contribution to the development of the UN. Not all of these people work abroad in a national capacity but they assist in serious international disputes or in crises. Anyone who is working in this capacity will now have the protection of this legislation.

It is 40 years since Irish troops first went abroad to serve with the United Nations. For a small country we have made an enormous contri bution. Close to 10% of our military personnel are serving abroad and we are the sixth largest provider of troops to the UN peace missions. In the course of four decades Ireland has paid a high price in terms of the commitment of financial resources and personnel to the pursuit of world peace. However, this pales into insignificance when compared with the price paid by Defence Forces personnel who have been killed or injured in the course of these operations. In recent years our troops have gone to such trouble spots as East Timor and Kosova but the area that has taken the greatest toll, in personnel and casualties, has been Lebanon. It is more than 20 years since UNIFIL was established and tens of thousands of Irish troops have served there in the intervening period. We owe them a debt of gratitude for their willingness to put themselves in danger in the interest of bringing peace to the trouble spots of the world.

I visited Lebanon with Deputy Fitzgerald and Deputy McGennis as part of the delegation referred to by the Minister. We saw at first hand the wonderful work being done by our soldiers and its effect on the local population. We have heard a great deal about the military and peacekeeping aspect of what our soldiers do but their work also has a human side. Deputy Higgins has referred to the orphanage in Tibnin. We were amazed to see people carrying on normal lives in such a situation. We saw young children and elderly people tending animals on the roads. The presence of our troops makes life safer and a little easier for these people. The minesweeping operations to which Deputy Higgins has referred are particularly important. It was brought home to us – we spent a lot of time in the bunkers – that those on duty in lookout posts and other outlying areas in particular are in constant danger. We saw the marks caused by shells in Camp Shamrock. The lookout posts are situated at a height facing the positions of the various warring factions on the surrounding hills. It is extremely dangerous and we must pay tribute to the bravery of our forces serving in the area.

Our troops in Lebanon find themselves in a particularly difficult situation, caught between the two conflicting sides. Most of the casualties and most of the difficulties for our troops result from the activities of the Southern Lebanese Army or the de facto forces as they are described in the report. It is unacceptable that a Government with which we maintain friendly relations, the Government of Israel, should arm, train and finance those who are harassing and attacking our troops. While representations have been made by the Government to the Israeli authorities on this matter, it is essential that the pressure is maintained.

The Minister informed the Dáil on 19 October last that between January and December there were 102 firings recorded at or close to Irish UNIFIL positions, the bulk of which were carried out by the de facto forces, supported by the Israeli defence forces. We are aware of the difficult security situation and the horrific terrorist attacks which have taken place in Israel during the years but this does not and cannot justify a policy of tolerating and encouraging attacks on our troops and those of other nations on peacekeeping missions in south Lebanon. One can only hope the situation in the Middle East will continue to improve and it will not be long before our troops and the entire UNIFIL force can be withdrawn. The progress being made in the implementation of the agreement between Israel and the Palestinians provides grounds for hope. I hope the discussions will continue and reach a fruitful conclusion.

There is an obligation on the Government to provide not just political and moral support for our forces serving with the United Nations but also to ensure when our troops serve abroad on peacekeeping operations that they have the equipment and training necessary to guarantee the maximum possible levels of safety and security. Training is not a problem as our troops have always been well prepared for operations abroad. This is acknowledged in the respect with which they are held by other contingents with which they have served. We witnessed their professionalism at first hand during our visit.

The position with regard to equipment is much less satisfactory. The long delay in providing the Army with modern armoured personnel carriers is particularly unfortunate. Troops in areas of conflict cannot rely on trucks and jeeps alone. The shortage of adequate equipment, APCs in particular, has meant that our troops have had to depend to some extent on other contingents for protection. This is not operationally desirable. Neither it is good for morale. If we want our troops to be able to play an active role in peacekeeping operations throughout the world the necessary resources and equipment will have to be provided. Money is available. Now that the controversy over the White Paper is behind us the Government must expedite the delivery of the long promised armoured personnel carriers.

Members of the Garda Síochána have, as the Minister said, also played a key role in many UN operations abroad. The numbers involved may be smaller but their role is no less important and the dangers no less great. Gardaí have served in countries such as Namibia where they have assisted in the delicate transition to democracy. More recently gardaí have served in countries such as Cyprus and Bosnia Herzegovina.

The Bill is welcome as it will give our soldiers, gardaí and civilians who work under the umbrella of the United Nations the full backing and sanction of international law to ensure their safety in areas of conflict. The safety and protection of anyone serving overseas with the United Nations is very important. Although such a convention cannot absolutely guarantee the safety of workers, it will give them and their families an extra degree of comfort that the law is behind them in their important work.

I welcome section 4 which creates a new offence of threatening. It is important to recog nise the pressures which may affect mental as much as physical health. Such pressures should be outlawed and a way found to deal with them in legislation. It is recognised increasingly that bullying is a feature of the workplace. I have received representations from soldiers who believe they were subjected to such pressures during their time in the Army. Will the Minister elaborate on how he sees this section operating in practice?

I welcome the Bill. It is important that it becomes law as soon as possible.

Ms Fitzgerald:

I welcome the opportunity to speak on the Bill. It is important that we ratify as quickly as possible UN conventions and EU directives. We have been slow to do so in the past, although it may be an administrative issue as opposed to a lack of motivation. It is increasingly being recognised that there is a need for institutions with world authority. This can be seen in the international war tribunals and the support for and development of international law among civilised countries which care about democracy. It should also be seen in the ratification of UN conventions.

The development of international jurisprudence and tribunals is extremely important in an era of mass communications when one can discover what is happening on the other side of the world within a short period and it is very easy to move quickly from one jurisdiction to another. Universal respect for human rights and standards should not just be an aspiration, it should be translated into law. It is very important that we respect international law and we are showing that respect by transposing into Irish law the convention which is the subject of the Bill. It means that those whom we send or who volunteer to work abroad for the United Nations, whether military or civilian personnel, will have the backup and protection of Irish law.

The international commitment we are giving in transposing the convention into Irish law is an extremely important aspect of the Bill. The more we can create respect for international institutions, whether the United Nations or tribunals, the better the chance of introducing law where it does not exist or pursuing war criminals to ensure their crimes do not go unpunished. The stronger we can make international law the better we will be able to fight drug dealing and drug pushing. As a general principle, therefore, we should try to transpose conventions into Irish law more quickly.

I have pursued this issue for a long time by way of parliamentary questions relating to the number of conventions outstanding. Time and again I have been surprised at just how slow we have been. Although the political commitment is there, the conventions sometimes tend to be bypassed by domestic legislation. We do not always appreciate the moral power and importance of ratifying conventions. As Deputy Higgins said, there is a need to show the way. We should not always wait until they have been tested elsewhere. We should show our own moral fibre in supporting them.

The convention provides protection for gardaí, members of the Defence Forces and civilians. In this context the increasing role of NGOs in missions abroad should be noted. We must be more innovative in our training of gardaí and Defence Forces personnel who work with the United Nations. Joint training programmes and courses must be organised for the different groups working abroad. The success of peacekeeping operations abroad will become more dependent on the work done between the Garda, the Defence Forces, the NGOs and the local population. As Deputy O'Sullivan said, this happens in Lebanon all the time. We should pay tribute to the NGOs and to the members of the Garda Síochána and the Defence Forces serving abroad.

I pay tribute to the families of all who serve abroad. They support those who go abroad to represent and work for this country in increasingly dangerous circumstances. It is a demanding job when one has to leave one's family for six months or a year and it is worrying for families to hear reports of action abroad. In the past year we have signed orders in the House to send our troops and gardaí to East Timor and Kosovo. Peacekeeping operations can be dangerous. There are risks and people will lose their lives but we must minimise the dangers by giving personnel as much protection as possible.

I support the suggestion by other Members that a memorial should be located in the House in recognition of the work of those who have gone abroad and those who have sacrificed their lives in the service of this country. We sign the orders to send people abroad and it would be fitting to have a memorial in the House. The Minister should ensure that happens.

More than 800 people are serving abroad in a variety of missions. The Lebanon is one of the older type peacekeeping missions but there is an increasing number of smaller observer based missions. Having seen at first hand the work troops do abroad, as Deputy Jim Higgins did when he was Minister of State at the Department of Defence and Deputy O'Sullivan and I did last year when we visited Lebanon, one can only marvel at how well they do it over such a long period.

Part of the reason we have not had more casualties is the discipline, professionalism and standards of our Defence Forces and Garda personnel when they work abroad. I do not want to over-emphasise the dangers and upset family members, but it is only when one visits places, such as Lebanon, and sees the daily risks that one realises the danger of being involved in peacekeeping operations. Mines are cleared every morning and Deputy Jim Higgins mentioned the close firing which happens all the time. The tension and demands on personnel cannot be underestimated. It is important that they have the pro tection of this legislation and that they know we support them in their work.

The best way to ensure our troops do well when they are abroad is to give them proper training and equipment before they leave. It is disturbing that the United Nations has noted that many armies who go on peacekeeping duties arrive without proper equipment and training. The United Nations has called on member states to improve levels of training and equipment. It is important that we face up to that obligation. The new type of peacekeeping means training must be done here and that equipment will not be supplied as it was in Lebanon. If we are to meet this challenge in the new world order it is essential that we invest in our Defence Forces, particularly if we want to be fully involved in the type of peacekeeping which is necessary in many parts of the world.

It is becoming clear that our Defence Forces will not be dealing with inter-state conflict but with intra-state conflict. We have seen this develop in Zimbabwe in recent days and weeks. We can see the demands such volatile conflicts would place on all those involved in trying to make peacekeeping effective. Skills, training and logistical support will be needed in many places around the world.

It is to our credit that we have a good track record in peacekeeping operations and it will be important to develop and enhance that in the future. One way to do that is to invest in training and equipment. Cutbacks in the Defence Forces means it is becoming more difficult for them to have proper training for peacekeeping operations. It is difficult for the Defence Forces to meet current demands let alone become involved in peacekeeping. The extra demands of Partnership for Peace means it will be more difficult for the Defence Forces to carve out time for the type of training needed. We must take some of the tasks of the Defence Forces away from them because they are outdated. Today is not the day to debate that but it is an issue which must be examined.

I pay tribute to the work done by the United Nations training school in the Curragh in analysing peacekeeping missions in which we have been involved and preparing for future ones. There is scope for giving it more resources and for the Garda and NGOs to become more involved in training. It is a centre of excellence and it is possible, in the context of our commitment to the United Nations, to develop it.

Acting Chairman (Mr. Briscoe):

The Deputy is straying from the Bill.

Ms Fitzgerald:

I am speaking about training for UN service and this Bill is about the protection of those who go abroad.

Acting Chairman:

That is a matter for the Department of Defence, not the Department of Justice, Equality and Law Reform.

Ms Fitzgerald:

I do not agree. This is a special facility to prepare people to serve in the UN and it can be developed. The professionalism and safety of our personnel serving abroad are key issues in that school. It is part of our commitment to the highest standards for those who serve this country here and abroad. We will become more committed to peacekeeping as the years go by and safety, training and international co-operation are central to that.

Perhaps the Minister could outline what practical effect this legislation has had in other countries and what effect it will have here. I welcome the Bill and its incorporation into Irish law. I ask him to consider the points I have made about training and the memorial in the House.

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

I thank all Deputies for their welcome for the Bill. I hope it will be enacted quickly so the protections provided by the Convention will be available to our men and women who serve with distinction with UN peacekeeping missions in the quest for peace. Ireland has a long and proud tradition of serving with peacekeeping missions. For a small country we have been able to provide men and women of the highest calibre and dedication to duty to serve abroad.

Ireland was a co-sponsor of the resolution leading to the Convention and I was glad to be in a position to give priority to the drafting of this Bill. Close to one-third of the Government's legislative programme comes from my Department so I must of necessity prioritise Bills. This is one such Bill which I wish to see passed at the earliest opportunity. The tone of the debate reflects the wish on all sides of the House to enact the Bill quickly and I thank Opposition spokespersons for their support.

Deputy Fitzgerald raised the issue of a memorial. This proposal has been forwarded by Members before and I indicated that there are a number of memorials around the country. I have no strong view one way or the other about locating a memorial on Leinster lawn. As legislators, perhaps the best recognition we can give to those who died is to ensure the swift passage of the Bill so we give better protection to soldiers and gardaí currently serving abroad or those who will do so in the future.

Deputy Higgins and Deputy O'Sullivan referred to the delay in introducing ratification legislation. However, in general, Ireland has a very good record in incorporating conventions into law. This convention was open for signature until December 1995 but we must not lose sight of the fact that the convention only came into effect in January 1999. The Government approved the drafting of this Bill on 9 February 1999 and the Bill was published within six months. This is clear evidence of my wish to ensure that Ireland can accede to the convention at the earliest possible opportunity.

I gave priority to the drafting of the Bill and, with the support of all sides in the House, I hope it will become law at an early date. In that context, there is considerable legislation in the pipeline which I am attempting to progress as quickly as possible. The fact that we published this legislation in the context of all other legislation is indicative of the seriousness and importance I attach to it. My priority is to ensure that the protections of the convention are available to Irish personnel.

As regards conventions and Bills before the House, it is important to state that five of the 14 Bills before the Oireachtas from my Department contain proposals to allow Ireland to give effect to conventions. My record speaks for itself in this respect and I am happy to be judged on it. Work is ongoing within the Department on a number of Bills to give effect in Irish law to conventions, including a Bill to give effect to two UN conventions on extradition which I hope to publish by the end of the year.

The Bills before the House relating to conventions include the Protection of Children (Hague Convention) Bill, 1999, the Criminal Justice (United Nations Convention Against Torture) Bill, 1998, the Criminal Justice (Safety of United Nations Workers) Bill, 1999, the Prevention of Corruption (Amendment) Bill, 2000, and the Criminal Justice (Illicit Trafficking by Sea) Bill, 2000. Other Bills under preparation which deal with conventions include the Convention on Extradition Procedures between EU Member States Bill, the Contractual Obligations Applicable Law Bill and a Trusts Bill. We have also enacted the Europol Act, 1997.

I thank Deputies Higgins and O'Sullivan for commenting favourably on the Garda's excellent peacekeeping record while serving with the UN. This is something of which we can be very proud. Deputy Higgins asked about the number of prosecutions and charges brought in various countries. Deputy Fitzgerald also referred to this issue when she mentioned the practical effect. I regret that I do not have information about the number of prosecutions, if any, which have occurred but I will make inquiries in this respect.

Deputy O'Sullivan asked how section 4 would operate. I am not exactly sure what the Deputy has in mind but prosecutions will be taken in states which have satisfied the convention in the normal way if sufficient evidence is available. We will have the opportunity of discussing this and other significant matters on Committee Stage.

Question put and agreed to.