Written Answers - Overseas Missions.
Jim O'Keeffe
Question:
67
Mr. J. O'Keeffe
asked the
Minister for Defence
the current legal restrictions on the Defence Forces taking part in EU missions; and the details of legislative changes proposed to facilitate Irish participation in such missions.
[8818/03]
Eamon Ryan
Question:
85
Mr. Eamon Ryan
asked the
Minister for Defence
the reason Ireland is not participating in the EU mission in the former Yugoslav Republic of Macedonia; and if he will make a statement on the matter.
[8999/03]
I propose to take Questions Nos. 67 and 85 together.
National sovereignty is a fundamental underlying principle of participation in the European security and defence policy ESDP. Participation in any specific operation by member states is decided on a case by case basis and in accordance with respective national decision making procedures.
The provisions relating to participation of members of the Defence Forces in overseas missions are set out in the Defence (Amendment) (No. 2) Act 1960, as amended by the Defence (Amendment) Act 1993, which provides that a contingent of the Permanent Defence Force may be despatched for service outside the State, as part of a particular international United Nations force. Where the number of armed troops exceeds 12, the approval of Dáil Éireann is also required.
This means that participation in an overseas operation requires UN authorisation, a specific Government decision and where the level of participation is to exceed 12, the approval of Dáil Éireann.
The takeover from NATO by the EU of the military operation in the Former Yugoslav Republic of Macedonia, FYROM, represents the first EU military mission to take place under the European security and defence policy. The operation is one of a range of EU support measures aimed at brining FYROM closer to EU standards and principles in the context of ongoing support to the peace and stabilisation process in FYROM and implementation of the Ohrid framework agreement. One of the key tasks of the operation will be to provide support to international monitors and other international actors in FYROM. Ireland already has a significant presence with EU and OSCE monitoring missions in the western Balkans including the current head of the EU monitoring mission, ambassador Anton Mac Unfraidh.
Having regard to United Nations Resolution 1371 dated 26 September 2001 and the Defence (Amendment) (No. 2) Act 1960 to which I have referred, the Government was advised that participation by the Defence Forces in this mission was not covered by national legislation. I should clarify in this regard, that while Resolution 1371 welcomes international efforts, including the efforts of the EU to support the implementation of the Ohrid peace agreement, it does not authorise an international United Nations force as required by the Defence Acts. I might add that this is a small operation involving 300 to 350 personnel for which there are more than sufficient offers of participation.
This is a unique situation and I expect that future EU Petersberg Task missions will have the required UN authorisation thereby enabling the Government to consider Defence Forces participation on a case by case basis.
