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Mayo TD leads scrutiny of Triple Lock Bill, citing public support for military neutrality

By Charlotte Davis, Independent.ie

Mayo TD and Cathaoirleach of the Oireachtas Defence and National Security Committee, Rose Conway-Walsh, said that the committee’s scrutiny of the Defence (Amendment) Bill, often referred to as the “Triple Lock Bill”, highlights the importance of military neutrality to the people of Ireland.

In a statement released last week, the Sinn Féin TD stated it is clear that the Irish public wants to see the country’s neutrality protected and enshrined.

This followed the committee’s publication of its pre-legislative scrutiny report on the bill, which included 25 recommendations, none of which called for removing the Triple Lock. The committee conducted its review over eight weeks, though Deputy Conway-Walsh and other opposition members expressed concern about the limited time available to examine such significant legislation.

The Triple Lock refers to how Ireland authorises the deployment of Defence Forces Personnel overseas for peacekeeping or peace enforcement missions. The process involves UN approval, a decision by the Government, and a vote in the Dáil. Although not appearing in any formal legislation, the term has been used to accurately describe the legal framework established under the Defence Act 1960.

Currently, the Government is seeking to make two changes to the way Ireland approaches the deployment of military forces. The first is the removal of a UN mandate for sending Defence Forces personnel to serve abroad with International Organisations, and the second is to increase the number of troops that can be deployed without a vote in the Dáil from 12 to 50.

It is the job of the Defence and National Security Committee to examine and scrutinise issues related to Ireland’s Defence Forces, matters relating to Ireland’s neutrality, national security, and the country’s preparedness to face a national emergency.

Deputy Conway-Walsh said: “The committee endeavoured to give all the bill’s implications due consideration and to engage with as broad a range of relevant stakeholders as time would allow. The report is clear and reflects clearly the evidence that was given,

“This exercise also established the wide range of activities where an unlimited number of Defence Forces members can already be deployed abroad, which do not fall under the remit of the Triple Lock.

She added that the review highlighted many activities where Defence Forces members can already be deployed overseas in unlimited numbers without the Triple Lock applying. Under the Defence (Amendment) Act 2006, personnel can serve abroad without a UN mandate in a range of scenarios including: carrying out military representative duties, international secondments, conducting or participating in training, ceremonial duties, exchange or undertaking visits, reconnaissance or fact-finding missions, humanitarian relief, sporting events, and inspection of equipment and facilities.

“It is important that it is understood and accepted that the Triple Lock is already not a factor in any of these scenarios,” said Deputy Conway-Walsh. The report cited the Irish Naval Service’s humanitarian search-and-rescue operations in the Mediterranean, which continued until 2016, as an example of an effective deployment that did not require a UN mandate.

The pre-scrutiny report noted: “The Committee has heard that Ireland appears to be in a unique position globally in explicitly requiring a UN mandate for the overseas deployment of military personnel as part of an international force.”

Deputy Conway-Walsh continued: “The report also makes clear that, contrary to what has been articulated by government, their proposed legislation is not an amendment or adjustment of the Triple Lock, it would in fact mean its removal.”

She added: “Opposition members, several witnesses and hundreds of submissions from the Irish public laid bare grave concerns that such a scenario would present a clear threat to Ireland’s neutrality.”

In contrast to the government’s position, the opposition argues that removing the Triple Lock would significantly undermine Irish neutrality. The committee echoed this view, noting Ireland’s strong tradition of UN peacekeeping and diplomatic engagement as outlined in the UN Charter. The Defence and National Security Committee consists of 14 members: 10 TDs and four Senators. Of these, five are from Fianna Fáil, three from Fine Gael, three represent independent parties, two are from Sinn Féin, and one is from the Labour Party.

“While government members disagreed with those concerns, what is clear from throughout this process is the importance of military neutrality to the people of Ireland, something that was accepted by all members of the committee, in both government and opposition,” stated Deputy Conway-Walsh. “It is the will of the Irish public to see our neutrality protected. The onus is now on the government to respect and take heed of that, and to enshrine Ireland’s military neutrality.”

This article has been funded by the Local Democracy Reporting Scheme.