Latest news with #Defence(Amendment)Bill2025
The Journal
26-05-2025
- Politics
- The Journal
New Defence Bill: Suspensions of military personnel and raft of provisions for foreign missions
THE BILL FOR new defence legislation allowing for the suspensions of military personnel under investigation by gardaí and the scrapping of the Triple Lock has been published. The General Scheme of the new Defence (Amendment) Bill 2025 was published last week by the Government. The 41 page document outlines the changes to the statute governing how Defence Forces personnel are deployed on foreign missions, interact with international organisations and how discipline is dealt with across the military. The proposed legislation will begin its legislative scrutiny this Thursday and it is expected to be passed through the Oireachtas by the summer recess. Suspensions One of the key measures to be introduced is around how military members can be suspended from service by the Chief of Staff if they are under investigation. This solves an issue around enlisted members and officers who are in trouble with civilian authorities – including in cases where they are charged, but not yet convicted of a serious criminal offence. It also obliges personnel to tell their commanding officer if they are under investigation in connection with a criminal offence. They must also keep that officer informed of the progress of the investigation. The law provides for the Minister for Defence to make regulations around suspensions. The lack of a legal basis for suspensions was identified in the Ward Report . A temporary fix was identified in which soldiers would be placed on leave. This new power, similar to that of the garda commissioner, would be used by the leader of the military. Peter Ward, a senior counsel, was commissioned by the Government in the wake of the Cathal Crotty case . Crotty was a soldier who was convicted of a serious assault on Limerick woman Natasha O'Brien. Advertisement There was another case identified by The Journal in which a naval service member was not dismissed after an assault conviction . The Ward report identified that there was a problem of military personnel not telling their commanding officer that they were before the courts or under criminal investigation. The Ward report had identified that there was a problem of data sharing between State entities such as gardaí and the courts service. Triple Lock axed The new Bill would also codify how Irish troops are deployed – removing the so-called Triple Lock measure which only allows deployment of troops if the UN Security Council makes a resolution and that this must be matched by Government approval and a vote of the Dáil. It would end that and introduce a new system where the Government decides if the mission fits the UN Charter and in general international law. It would then be sent to the Dáil for a vote. A number of provisions look at the Defence Forces involvement with foreign operations, training missions and liaisons with military orientated foreign groups such as the United Nations, European Union and the Organisation for Security and Co-operation in Europe (OSCE). The Bill defines an 'international force' as a body established, led or controlled, the UN, OSCE, EU or other regional groups. While NATO isn't specifically identified in the Bill there is a subsection which states 'any other regional arrangement or body'. One of the key provisions is that it will increase automatic despatches of troops from 12 personnel to 50. The Journal understands one example of this is the deployment of a team of Army Ranger Wing (ARW) operators and their support staff on hostage rescues or close protection duties. In the past the ARW has provided security at embassies and there is a provision in Head Seven which makes this possible – it is understood that Military Police are also being considered in the military for this role. The Bill also said that Irish troops can take part in counter narcotics operations and participation in training or in sporting events. The Bill states that any international force the Defence Forces is participating in would be for the 'purposes of peace-keeping, conflict prevention, and strengthening international security' – it would have to be consistent with the principles of the UN Charter. The force, the Bill states, will 'contribute to the maintenance of international peace and security'. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
Irish Examiner
26-05-2025
- Politics
- Irish Examiner
Bill to scrap UN approval on sending troops overseas to begin pre-legislative scrutiny
Draft legislation scrapping the requirement for UN approval to send Irish Defence Forces abroad and increase the number of personnel that can be dispatched, from 12 to 50, without a Dáil vote has been published. The so-called triple lock demands that any deployment overseas above 12 soldiers must have Government, Dáil, and UN approval. The General Scheme of the Defence (Amendment) Bill 2025 is due to begin pre-legislative scrutiny this Thursday, with the Government hoping to have this process completed before the summer recess. The proposal to remove the UN block on Ireland sending troops aboard on a peacekeeping mission is being resisted by opposition parties. Sinn Féin leader Mary Lou McDonald said earlier this month that the party would 'fight like hell' to stop the Government's plans, adding that it would "defend" the policy of neutrality. Neutrality is not mentioned in the bill and there are no provisions in it that have a legal impact on the Constitution, which states that Ireland cannot join an EU 'common defence'. The Government has said that the five permanent members of the UN Security Council, which includes Russia, should not have a veto over a decision of a sovereign nation such as Ireland on where its troops can go. It has also said the scrapping of the veto will not impact the policy of military neutrality. Ireland is thought to be unique in requiring, in law, UN approval to deploy its troops abroad. Head six of the Defence Bill states that a contingent or members of the Defence Forces can be dispatched and deployed outside the State 'as part of an International Force' on foot of a Dáil resolution approving the dispatch. It says that a subsequent resolution is not required for a replacement contingent. In addition, it states that a resolution is not required to send a contingent of 'not more than 50 members', which reflects the size of a platoon and support. 'International force' It states the definition of an 'international force' is a body established, led, or controlled by the UN; Organisation for Security and Cooperation in Europe; EU; or any other regional arrangement that operates in a manner consistent with the UN Charter and international law. It states the international force will operate for the 'purposes of peace-keeping, conflict prevention, and strengthening international security' consistent with the principles of the UN Charter. It adds that the force will 'contribute to the maintenance of international peace and security', in conformity with the principles of justice and international law. Head seven covers the dispatch of personnel abroad for reasons other than an international force. New reasons included in the 2025 bill are: Military close protection duties or security duties in high-risk environments, including Irish embassies and ministers travelling to such regions; Undertaking humanitarian tasks or civilian evacuation operations of Irish citizens from high risk and/or volatile security environments; Participating in international operations to counter illicit drug trafficking by sea and air. The provision says the defence minister may also authorise dispatch of personnel abroad for training or participation in sporting events. A separate provision of the bill updates the law on the suspension of enlisted members and officers — including in cases where they are charged, but not yet convicted of a serious criminal offence. It also obliges personnel to tell their commanding officer if they are under investigation in connection with a criminal offence and to keep them updated on developments. The law provides for the minister of defence to make regulations covering procedures regarding suspensions. The chair of the Oireachtas committee on defence and national security, Sinn Féin TD Rose Conway-Walsh, has indicated that the eight weeks allotted for pre-legislative scrutiny may not be enough.
RTÉ News
22-05-2025
- Politics
- RTÉ News
Committee concerned over timeline on Triple Lock bill
The Oireachtas Committee examining the proposed law to remove the Triple Lock has written to Minister for Defence Simon Harris expressing concerns over the timeline for it to complete its scrutiny of the bill. The Defence and National Security Committee met today to discuss its approach to the pre-legislative scrutiny of the Defence (Amendment) Bill 2025. It is proposed that the committee spends eight weeks examining the bill. Committee chairperson, Sinn Féin TD Rose Conway-Walsh, said it was the view of the committee that the timeframe would be too short. "The significant changes proposed in the bill to Irish Defence Force service outside the State need careful consideration," she said. "A letter has been sent by the committee chair, expressing our concerns and flagging up the probability of needing additional time to thoroughly assess this legislation and its potential impact." The committee has identified a number of witnesses. Next week it will hear from officials from the Department of Defence in a public session. Ms Conway-Walsh said it was vital that all witnesses had adequate time to make submissions, take questions and discuss the legislation with the committee. She said she hoped the minister would give his full cooperation and support to enable the committee to fulfil their responsibilities. The new bill will remove the requirement for UN approval when deploying members of the Defence Forces outside the State when they are serving as part of an International Force. This force will operate for the purposes of peacekeeping, conflict prevention and strengthening international security consistent with the principles of the United Nations Charter. The International Forces would be organised by one of the following organisations: the UN, the Organistion for Security and Co-operation in Europe, the EU or any regional arrangement or body that operates in a manner consistent with the UN Charter and international law. The legislation states that a contingent of the Defence Forces can be dispatched outside the State where there is Government approval along with a resolution passed by the Dáil. However, a subsequent Dáil resolution is not required when deploying a replacement contingent.
RTÉ News
22-05-2025
- Politics
- RTÉ News
What is Ireland's 'Triple Lock' and why is it in the news again?
Analysis: For 65 years the 'Triple Lock' has determined when Irish solders are sent abroad, but new legislation could change how it works The Government has proposed new legislation that will change how Ireland decides to send soldiers abroad to serve on international peacekeeping missions. The Defence (Amendment) Bill 2025 will remove the Triple Lock when the Defence Forces are serving as part of an international force. But what is the 'Triple Lock' is, how does it compare to other countries' approach to sending troops abroad, and what are the arguments for and against changing the policy? What is the triple lock? The 'Triple Lock' describes how Ireland decides to send Defence Forces Personnel overseas to serve as part of peace keeping or peace enforcement operations. It involves UN approval, a decision by Government and a vote in the Dáil. The term 'Triple Lock' does not appear in any legislation but does adequately describe the legal process used to allow Irish overseas missions since the passage of the Defence Act (1960). Why do we have it? When Ireland first sent Irish soldiers abroad as part of the UN observation mission in Lebanon in 1958, the Government did so without a vote in the Dáíl based on the assumption that it had the legal authority to do so. Following this, the Defence Act (1960) put in place the requirements we now call the 'Triple Lock'. Later changes to the Act in 1993 extended the type of possible missions to 'peace enforcement' rather than just 'peace keeping' and the 2006 Amendment updated the language on UN authorisation and outlined the other circumstances when troops could be deployed for training, consular protection etc. The 2006 Amendment also clarified the necessity for a government decision in the process of authorising a deployment. From RTÉ Radio 1's The Late Debate, Why is the government proposing changes to the Triple Lock? How has it worked? Since 1958, Ireland has had a continuous presence on UN authorised missions. On no occasion was Dáil approval withheld for a mission. Since 1990, Ireland has engaged in 14 international missions but only three times was a formal vote held. In each case, approval of participation was granted by the Dáil. In 2003, the EU launched its first overseas military mission, EUFOR Concordia in what was then known as the Former Yugoslav Republic of Macedonia. Ireland was unable to participate as China vetoed the UNSC resolution approving the mission. How does it compare to how other countries make decisions on sending troops abroad? Ireland is not unique in requiring parliamentary approval for an international deployment. 14 other EU member states have similar requirements. In most cases, approval is granted, however there have been some notable exceptions. Both votes on deployment to Iraq were only narrowly passed in Denmark. In the UK, David Cameron's Conservative government lost a vote on deployment to Syria in 2013 and Barack Obama lost a similar vote on Libya in the House of Representatives in 2011. Ireland is unusual in two ways. One is that most countries have time limits on approvals. In other words, a mandate is granted for a specific period and then subject to review either on an annual basis (e.g. Spain) or on a mission specific basis (e.g Germany). Ireland on the other hand has no formal mechanism for the Dáil to review a decision to deploy troops on an international mission or indeed bring them home, for example the UNIFIL deployment in 1978 was only voted on once, although that deployment remained in place until 2001. Similarly, the decision to withdraw participation from the UN observer mission in the Golan Heights (UNDOF) was made by the Government without a vote. Secondly, Ireland is unique in requiring UN approval for a deployment. No other country has formally limited their decision making in this way, though in practice Austria has only deployed on external missions with UN approval. Germany on the other hand restricts deployments abroad to participation in collective security arrangements such as UN or NATO operations. Why is the government proposing to change it? The government is proposing to make two changes to the existing approach to Ireland's deployment. They want to remove the requirement for UN approval and to increase the number of troops that can be deployed without a Dáil vote from 12 to 50. The argument the government have put forward is based on their concern that as the UN Security Council (UNSC) has become more dysfunctional, Ireland should not be held back by the permanent members of the UNSC. They cite as evidence that no new mandate has been approved by the Security Council since 2014 and the increasing tensions at the Security Council for mandate renewals of existing missions. For example, EUFOR Althea, which Ireland has participated in since its deployment in 2004, is currently operating under an annually renewed mandate. Russia has become increasingly critical of the mission and may veto a future renewal. The mission would likely continue with the consent of the government of Bosnia-Herzegovina but in the absence of a UNSC mandate, Ireland would be forced to withdraw. What are the arguments against changing it? Opposition to the change has focussed on two aspects. One is that they reject the idea that the UNSC is a constraint on Ireland's participation in peacekeeping missions. They argue that following the 2006 amendment to the Defence Act, a UN General Assembly resolution would be sufficient to meet the requirements of the Triple Lock. They also point out that in practical terms, EUFOR Concordia remains the only example of Ireland being unable to participate in an international mission due to the absence of a UN resolution and therefore the Government's concerns about this are overstated. Secondly, the issue is framed in terms of Ireland's traditional policy of military neutrality. The argument is that the UN element of the Triple Lock ensures that Ireland cannot take part in other foreign military adventures such as the invasion of Iraq in 2003 and that removing the UN requirement is a step towards ending Ireland's policy of military neutrality. Though it is worth noting that a change to the triple lock would have no effect on the Constitutional provision that prohibits Ireland from joining a 'Common European Defence'. The opponents to change also hold that a UN mandate, while necessary, is not a sufficient condition for Ireland to participate in international missions. Sinn Féín have supported Ireland's participation in UNIFIL but opposed other deployments. Likewise, both Labour and the Green party have voted in favour of deployments but have opposed specific missions such as the missions in Chad and Mali. Aontú and the Social Democrats have also opposed specific missions even when a UNSC mandate was in place. From RTÉ Radio 1's Today with Claire Byrne, The history of Irish neutrality with historian and Professor of Modern Irish History at UCD Diarmuid Ferriter How will the government decide on future peacekeeping missions? The governments proposal is to remove the UN element of the 'Triple Lock'. However the proposed bill still requires the deployment as part of an International Force to "operate for the purposes of peacekeeping, conflict prevention and strengthening international security consistent with the principles of the United Nations Charter." The definition of 'International force' in the bill refers to the UN, the Organisation for Cooperation and Security in Europe (OSCE), the EU and "any other regional arrangement or body that operates in a manner consistent with the UN charter and international law." The proposed bill also clarifies that the Government can replace troops serving on an international mission that has been approved by the Dáil without a further vote. As we debate the future of Ireland's approach to deployments we might be best served by increasing the formal role of the Dáil in mission oversight after deployment, by requiring regular renewals of mandates and engagement with the mission command with the relevant Dáil committee on Defence. This would empower both government and opposition to ensure that Ireland's participation in international missions complies with Irish law, foreign policy and values.
RTÉ News
21-05-2025
- Politics
- RTÉ News
Government publishes legislation to remove Triple Lock
Legislation that will remove the requirement for UN approval when deploying members of the Defence Forces outside the State has been published. The Defence (Amendment) Bill 2025 will remove the Triple Lock when the Defence Forces are serving as part of an international force. This force will operate for the purposes of peacekeeping, conflict prevention and strengthening international security consistent with the principles of the United Nations Charter. The international forces would be organised by one of the following organisatons: the UN, the Organsiaton for Security and Co-operation in Europe, the EU or any regional arrangement or body that operates in a manner consistent with the UN Charter and international law. The legislation states that a contingent of the Defence Forces can be dispatched outside the State where there is Government approval along with a resolution passed by the Dáil. However, a subsequent Dáil resolution is not required when deploying a replacement contingent. A Dáil resolution will also not be necessary when the Defence Forces contingent deploying abroad has 50 members or less. The Oireachtas Committee on Defence and National Security is expected to begin its examination of the bill tomorrow.
