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Defence Forces Contracts

Dáil Éireann Debate, Tuesday - 24 March 2015

Tuesday, 24 March 2015

Ceisteanna (406, 407)

Paul Murphy

Ceist:

406. Deputy Paul Murphy asked the Minister for Defence if Defence Forces personnel on exchange with the United Kingdom defence forces, as per the Memorandum of Understanding signed recently with the United Kingdom, may participate in overseas missions that have not been approved by Dáil Éireann, in conditions additional to the current circumstances where overseas deployments of not more than 12 personnel or unarmed personnel do not have to be approved by Dáil Éireann; his plans to publish the full text of the Memorandum of Understanding recently signed with the United Kingdom. [12036/15]

Amharc ar fhreagra

Paul Murphy

Ceist:

407. Deputy Paul Murphy asked the Minister for Defence the legal conditions under which Defence Forces personnel on exchange with the British military, as per the Memorandum of Understanding recently signed with the United Kingdom, will operate, that is, if they will be subject to the normal laws and regulations governing the overseas deployment and military operations of the Irish Defence Forces, or if will they be considered legally part of the United Kingdom's defence forces while they are on exchange. [12037/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 406 and 407 together.

The MoU provides a framework for developing and furthering bilateral co-operation and relations between the Department of Defence and the UK Ministry of Defence. The signing of the MoU places already existing co-operation arrangements in the Defence area between Ireland and the UK on a more formal and transparent footing, while fully respecting the differing policy positions and security arrangements of both States.

There is longstanding engagement between the Permanent Defence Force (PDF) and the UK Armed Forces, particularly in the area of training and staff to staff meetings. Members of the PDF attend a wide range of courses in the UK and members of the UK Forces have attended courses in Ireland, including in the UN School and on the Command and Staff Courses.

Members of the Defence Forces currently participate as part of a joint Ireland/UK contingent in the EU training mission in Mali. Defence Forces personnel have also recently deployed in support of the work of the UK Armed Forces in the fight against Ebola in Sierra Leone.

The conditions under which the Defence Forces may participate on overseas peace support operations have been made very clear by the Government. In this regard, the conditions, which have been referred to as the “triple lock” must be satisfied, i.e. the operation must be authorised/mandated by the United Nations; it must be approved by the Government, and it must be approved by way of a resolution of Dáil Éireann, where the size of a Defence Forces contribution is more than twelve personnel.

There is no requirement for Dáil approval for the dispatch of contingents of the Permanent Defence Force for service overseas as part of an International Force where that Force is unarmed or where the size of the Permanent Defence Force contingent does not exceed twelve members.

Outside of such contingent deployments, members of the Permanent Defence Force may also be deployed outside the State on a range of other duties including training, humanitarian operations, fact finding missions, ceremonial duties, etc under the authority of the Government in accordance with the provisions of the Defence (Amendment) Act, 2006, which formalised arrangements in this regard. The range of such duties is set out in Section 3 of the Defence (Amendment) Act 2006.

The MoU specifically states that any co-operation under the MoU will be carried out in accordance with the respective national legislation of the Participants and international law and subject to common agreement. Nothing in the MoU affects or prejudices the position or policy of either country, in particular, those relating to Common and/or Mutual Defence.

The Memorandum of Understanding was lodged to the Dáil Library on 21st January, 2015.

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