Dáil Éireann Debate, Wednesday - 29 September 2004
334 Mr. Gormley asked the Minister for Foreign Affairs if he will publish the Attorney General’s written advice to the Government, which was promised to all Deputies, on the legal position regarding the use of Shannon Airport by United States military forces in facilitation of the war of aggression against the Republic of Iraq; and if he will make public advice given to the Government re US-British forces against the Republic of Iraq. [21418/04]
View answerIn his statement to Dáil Éireann on 20 March 2003, the Taoiseach set out the Government's position on the military conflict in Iraq — a position that was informed by political, diplomatic, legal and other considerations.
During the course of the extensive debate which took place on that day, the Minister for Defence, Deputy Smith, elaborated on certain aspects of the Government's position and provided a summary of the legal advice of the Attorney General in relation to legal issues arising from the situation. It is not customary to circulate the text of the Attorney General's written advice to the Government. As the Deputy is aware, Dáil Éireann subsequently passed a motion supporting the decision of the Government to maintain the long-standing arrangements in relation to Shannon.
335 Mr. Gormley asked the Minister for Foreign Affairs the person or body which advised him that to deny the use of Shannon Airport to US military forces would be seen as a hostile act, as he publicly stated in March 2003, if he took legal or other advice on this matter; and if, as a consequence, the Defence Forces were placed on alert prior to the debate on the matter in Dáil Éireann on 20 March 2003. [21419/04]
View answerThe Government has on numerous occasions set out its policy on the use of Shannon Airport by the US military, a long-standing arrangement which has been ongoing for over 50 years. In particular, a comprehensive debate on this matter took place in Dáil Éireann on 20 March 2003.
During the debate, the Government outlined the various political, diplomatic, legal and other considerations which determine its policy in this area. At that time, and following an extensive discussion of the issues, Dáil Éireann voted to support the Government decision to maintain the customary arrangements at Shannon Airport. The use of the term "hostile position" in the context of the debate was clearly intended in a political, rather than a military, context. In the circumstances, the question of the Defence Forces being placed on particular alert is not relevant.
