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Dáil Éireann díospóireacht -
Thursday, 23 Nov 1989

Vol. 393 No. 6

Written Answers. - United Nations Charter.

55.

asked the Minister for Foreign Affairs if the obligation imposed on Ireland by Articles 43, 44, 45, 46 and 47 of the United Nations Charter in any way compromise Ireland's policy of military neutrality in armed conflicts; and if he will comment on these obligations in light of the Supreme Court decision on Title III of the Single European Act.

There is no incompatibility between Ireland's military neutrality and the commitments under the UN Charter which we accepted by joining the UN in 1955 and which had been approved in principle by the Dáil in 1946.

The Articles of the UN Charter to which the Deputy refers, envisage the possibility of enforcement action for the maintenance of international peace and security under the authority of the Security Council. This is, of course, to be distinguished from the procedure which has evolved for peace-keeping operations, where member states are asked on a voluntary basis to supply lightly armed units or military observers for such purposes as policing or monitoring ceasefire lines.

Before any member state could be called on to provide forces for enforcement action under the articles referred to in the question, it would be necessary that there be a special agreement between the Security Council and the State concerned. If we were to enter into such an agreement it would be subject to ratification here in accordance with our normal procedures. No such agreement has been negotiated by the Security Council with any country over the 44 year history of the United Nations.

I might add that other neutral countries such as Sweden, Austria and Finland — though not Switzerland — like ourselves, see no incompatibility between their neutral status and their obligations as members of the United Nations.

The implications for our adherence to various international agreements of the Supreme Court judgment on Title III of the Single European Act are being considered at present. Consideration will not be completed until the outcome of the McGimpsey case which is at present before the Supreme Court is known.

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