Vol. 521 No. 5
35 Ms Fitzgerald asked the Minister for Defence his response to the recent television programme (details supplied) on the murder of two members of the Defence Forces while serving in Lebanon; if the Government intends to take further action on these cases; and if he will make a statement on the matter. [17577/00]
The "Prime Time" programme on 16 May 2000 relating to the tragic deaths of Private Thomas Barrett and Private Patrick Smallhorne while serving with UNIFIL in April 1980, and the wounding of Private John O'Mahoney, evoked many sad memories for the families of the victims, the Defence Forces and the public in general. I would like to avail of this opportunity to express my sympathy to both families for their sad and tragic losses.
The killing of the two members of the Defence Forces in question while serving as United Nations peacekeepers was a particularly abhorrent act. I met members of the families of both the late Private Barrett and the late Private Smallhorne on 18 May 2000. I am examining the appropriate options, if any, that are open to me following that meeting. The deaths of Private Barrett and Private Smallhorne and the wounding of Private O'Mahony was the subject of a UNIFIL Board of Inquiry and a Defence Forces Court of Inquiry at that time.
The Criminal Justice (Safety of United Nations Workers) Bill, 1999 [Seanad] is to enable Ireland to accede to the Convention on the Safety of United Nations and Associated Personnel, which was adopted by the United Nations General Assembly in December 1994. The adoption of the convention reflected the widespread concern felt at the growing number of deaths and injuries following deliberate attacks on United Nations and associated personnel. Ireland was a co-sponsor of the resolution establishing the convention, which entered into force on 15 January 1999, that is, 30 days after 22 States became party to it.
The purpose of the convention is to secure the better protection of personnel engaged in United Nations efforts in the field of preventative diplomacy, peace keeping, peace making, peace building and humanitarian and other operations. The necessary steps will now be taken to enable Ireland's instruments of accession to be lodged with the United Nations.
This convention was inspired by the need to improve the level of protection of people, such as the late Privates Barrett and Smallhorne, serving on UN missions and to ensure the punishment of individuals who do not respect the mandate of UN peace keepers The convention, however, does not apply retrospectively.
I wish to be associated with the sentiments expressed by the Minister on the loss experienced by the families concerned. This case has been revisited following the recent publicity and I do not want to add to the grief suffered by the families concerned.
Has the Minister sought legal advice on following up this case? If so, does it suggest that action can be taken against the personnel concerned? Has the Minister had discussions with representatives of the American Embassy on any further moves the Irish Government can take against the named personnel in this case? Are there any legal options open to the Government to take action?
As I indicated in the reply, we cannot take action on foot of the convention, as Second Stage of the relevant Bill was passed only yesterday, although it was completed in the Seanad in December. The convention cannot be operated retrospectively for the purpose of extraditing people from other countries to stand trial for actions they committed against our personnel.
I have had discussions with the Attorney General to ascertain the extent to which we can make moves to help us to deal with the people who, from my knowledge of the circumstances, are known to have committed that awful, horrible crime, and these are being followed at present. I have not had discussions with the American Embassy to date, but now that the Deputy has made that suggestion, I will undertake to do that.
This is an extraordinary situation. We live in an era where legal action is taken across borders and internationally to deal with a range of issues, including world-wide terrorism and drug smuggling. The Minister said the names of the individuals concerned are available. In the event that the terms of the convention cannot be applied, one would expect that ordinary legal processes between countries could be used to see that justice is seen to be done in this instance, especially given the details and interviews reported in that "Prime Time" programme. I would like the Minister to comment on that.
I will exhaust any channel open to me to pursue this matter in as aggressive a way as I can. I do not want to say any more on that issue, other than I will not limit my work to ascertaining in what way I can help both families on that aspect alone. I will take a fairly broad look at the whole picture and I may be in a position at a later date to indicate some action that may be possible.
I have every sympathy for the families concerned, as have other Members of the House. This is a very horrible tale. If it is possible to administer the law on an international basis to bring the culprits to justice, that would also have the beneficial effect that people who commit such crimes in the future would know that such crimes would be followed up.
