It is a pity the Partnership for Peace proposals are not well understood and that we did not have this debate some time ago. It is not surprising the public does not have a clear view of what these proposals mean because we have not had an appropriate debate. For once, the media has done a good job and there has been an effort to tease out the main issues, particularly in some of the print media. Politically, however, there has been a remarkable failure to deal with a very serious issue. There has been some shadow boxing but almost a complete failure to engage people in the debate, yet the issue is of significance to them.
It is more than a question of simple neglect. A number of people within the political establishment have been deliberately muddying the water. In doing so they are doing no service to the Irish people or to the case for our neutrality, which is at an important crossroads and which must be debated. In short, the PfP proposals, their implications and the public concerns deserve more serious attention than they are receiving. My first concern, therefore, is that we are committing Ireland to a course of action which has not been well explained, which at best is poorly understood and on which, hardly surprisingly, there is an abundance of evident confusion.
The PfP proposals originated with NATO. That is where at least part of the problem lies. NATO is not an organisation which commends itself to the Irish people. The point must be accepted, however, that any idea of a partnership focused positively on the task of creating peace between nations is worthy of consideration on its merits and disadvantages, rather than on the basis of the mythology which has grown up around the idea, as happened in this case.
It is worth debunking a number of the myths at this point, if only to dispel any notion that questioning the current action proposed by the Government is based on a misunderstanding of the PfP or on some other less worthy motive. For example, Ronan Fanning, professor of modern Irish history in UCD, waxed eloquently on my views on this issue and on what motivates those views. I have discussed many issues with Professor Fanning but I have never discussed PfP with him.
The PfP is not a military alliance; it is not confined to NATO states. It involves nations from all over Europe – east and west. Association with the PfP does not mean joining NATO. More than half the states who have signed up for the PfP are not – most never will be – NATO members and all of the European neutral states – Austria, Finland, Sweden and Switzerland – with the exception of Ireland have joined Partnership for Peace.
Participation in this project would not compromise our neutrality, nor would it require commit ting Ireland to revoking or compromising its neutrality. Involvement in the PfP is by way of agreement which is unique in terms of international organisations in that each state, in its Presentation Document, determines its level of participation. Nations join the PfP on what is, in effect, an à la carte basis. Involvement in the PfP does not undermine our commitment to the United Nations or the Organisation for Security and Co-operation in Europe, OSCE. The Presentation Documents of Finland, Austria, Switzerland, Sweden and Ireland make specific reference to these commitments, with the exception of Switzerland in the case of NATO.
Why, therefore, should one be excited about Ireland entering Partnership for Peace, with or without a referendum? The answer to this question is rather complex. First, there is a body of people who firmly believe an undertaking was given by my party that there should be a referendum prior to our entering the PfP. At this stage, it is pointless and a waste of time entering into semantic arguments as to the nature of the undertaking which was or was not written into the manifesto in 1997. The undertaking in the Fianna Fáil manifesto was not expressed in absolute terms and there was a significant proviso attached. The actual sentence reads, "Fianna Fáil in government will not participate in any co-operative security structure which has implications for Irish neutrality without first consulting the people through a referendum." No matter how we interpret that sentence, the point is that the people believe an undertaking was given. In modern politics perception is reality. The Irish people have more than enough reason to be cynical about politicians and politics without our giving them another one. Addressing public concern and cynicism is one reason for contemplating holding a referendum.
There is a much more important reason for having a referendum, perhaps not in the immediate future, but in the not too distant future. Neutrality has never been spelt out in Irish law. When the Constitution was being drafted conditions were very different than at present. Neutrality was far from the norm in national law at the time. Very few constitutions touched on the issue and few do to this day. Times have changed and neutrality has been discussed far more frequently in the past few years than in the 1930s. It is bizarre that while political Ireland is willing to talk endlessly about our neutrality we have never taken the time or the trouble to sit down and determine in clear terms what we mean by "neutrality". It is time we did so.
Politicians who are using this issue to score short-term political points are guilty of misdirecting what could be a very important debate in the life of this country. Our imminent entry into the PfP provides an ideal opportunity to consider the part we as a nation are willing to play in the future development of peace and security in Europe and the wider world. It also gives us the opportunity for the first time to clear our collec tive mind about neutrality, its nature and its responsibilities.
There is another factor which makes it imperative to consider our neutrality at this point. The common foreign and security policy of the European Union is touched on in the Maastricht and Amsterdam Treaties. To date, the issue of how the CFSP is to be dealt with has been fudged. That situation is unlikely to pertain long into the future. At the EU Council meeting in Finland last weekend it was clear that we are now going to fast-track on common foreign and security policy. Mr. Solana has moved from his position in NATO to become the maestro for CFSP in Europe. Moreover, he will shortly take over the position of head of administration in the Western European Union. The French Government has indicated that it intends to make the issue of European defence a major focus during its forthcoming presidency of the Union. The three other neutral member states of the EU already have some clarity within their basic law on their neutral status but Ireland does not. To allow this situation to pertain for much longer is a fundamental error.
There is another, and more imperative, reason we should possess within our law a clear and unambiguous statement of how we determine our neutrality as a nation, that is, to bind the hands of Government, not just this Government but every future Government on the issue of neutrality. Sometimes a nation can by neglect lose the very things which it values most, and for us neutrality is one of the things. Neutrality is deeply ingrained in the Irish psyche and we should give the people the opportunity at the earliest possible date to express their views on neutrality.
The point can be made that in strict legal terms it is not necessary to amend Bunreacht na hÉireann by inserting an amendment on neutrality. The Constitution, it can be argued, already contains a series of provisions which can be construed as a de facto statement of neutrality. In strict legal terms this viewpoint can be and has been well defended. Article 15.6.1º provides an absolute prohibition on maintaining any foreign military base or military force on Irish soil. It will be interesting, in the context of PfP, if somebody decides to take a constitutional challenge on that issue because that aspect of Article 15.6.1º will undoubtedly be challenged at some stage in the future.
Article 28.3.1º of the Constitution, referred to on several occasions in this debate, clearly prohibits the State making a decision on participating in a war without the consent of the Dáil, although the practicalities of convening the Dáil to agree a motion have often exercised my mind as they would involve us asking somebody to wait offshore before they land. By extension of Article 28.3.1º any international agreement which would have the effect of binding Ireland to an alliance which attempted to commit this nation to war would be unconstitutional as it would be tantamount to usurping an absolute right vested in Dáil Éireann. There was an interesting debate in this House in April 1987 – Dáil Debates, Vol. 371 Col. 2316 – when the current Attorney General made these very same points about how Articles 15.6.1º and 28.3.1º protect our neutrality. Those are legal and not political arguments. Whatever their appeal to a fine and well-trained legal mind, I doubt these arguments, no matter how elegant, would carry much weight with the bulk of the Irish people, who know they wish to adhere to a concept of military neutrality and there is at the heart of Irish law at least a silence – in my view, a vacuum – on that very issue. Neutrality may not be well defined in law but there is no doubt that, ill-defined though it may be in our basic law, it is valued deeply by the people. Whatever its strict legal provenance, the concept of neutrality has won its way into the hearts and the affections of the people.
Every constitution is a treaty between a people and themselves. Every constitution enshrines the hopes and aspirations of the nation within its pages. The vast majority of the Irish people wish to live in peace and harmony with the other peoples of the world. The people are suspicious, and rightly so, of military entanglements and alliances. They should be given the opportunity on this occasion to write into their Constitution their commitment to neutrality in clear and in unambiguous terms.
Last Wednesday I raised this issue within my parliamentary party. I was given an undertaking that we will study, by internal arrangements within the next few weeks or months, the issue of neutrality and how it could be better protected in the Constitution. That is a task for all of the parties in this House. I realise that there is a variety of views on this issue. Some, like me, feel that neutrality should be at the very heart of a foreign policy which would be attractive to the people. Others believe – I respect their right although I disagree with their arguments – that we should perhaps abandon neutrality at this stage and not just engage in PfP but also join the Western European Union fully and become full members of NATO. The point I am making is that debate has not taken place and it is time it took place.
Bunreacht na hÉireann, we need to remind ourselves from time to time, does not belong to any group of judges, to academics or to the establishment, nor does it belong to the politicians who hold power at any point. Bunreacht na hÉireann belongs to the people who are the sovereign authority in this Republic. The best service the politicians can do in this matter is give the people the opportunity for a referendum which will allow them to enshrine their views and aspirations on our neutrality in Bunreacht na hÉireann.