Brian Stanley Presses on UN Mandate and 'Triple Lock' Referendum
Brian Stanley questioned officials on whether a UN General Assembly mandate would suffice for deployments and raised concerns about changes to the 'triple lock', saying he felt betrayed and asking if a referendum may be required. He also voiced support for strengthening defence forces, describing them as "in a poor shape" and saying capability must be built up to maintain neutrality.
Brian Stanley pressed Ms. Maguire and officials for clarity on the UN General Assembly role in deployment decisions and on the legal standing of the original 'triple lock' political declaration.
Ms. Maguire referred to the 2006 Act, which provides that if a UN General Assembly approval exists for a peacekeeping mission, Ireland could participate. She noted that there is currently no such UN General Assembly approval in practice and that proposing to use it would be a matter of judgment.
Stanley recalled a solemn political declaration made 23-24 years earlier and said changes now feel like a betrayal. He asked whether the declaration and any proposed changes have been discussed at department level and whether a referendum might be necessary.
Ms. Maguire said Attorney General advice indicated the original declaration was a political declaration with no legislative basis. She confirmed the matter was being discussed in the context of proposed changes to Irish law and that the adoption of the Constitution was originally a political decision.
At the outset, Stanley supported rebuilding the defence forces, saying they are currently in poor shape and that capability must be strengthened if Ireland is to remain a neutral country.
Key points
Brian Stanley pressed Ms. Maguire and officials for clarity on the UN General Assembly role in deployment decisions and on the legal standing of the original 'triple lock' political declaration.
UN General Assembly mandate
Ms. Maguire referred to the 2006 Act, which provides that if a UN General Assembly approval exists for a peacekeeping mission, Ireland could participate. She noted that there is currently no such UN General Assembly approval in practice and that proposing to use it would be a matter of judgment.
Legal status of the 'triple lock'
Stanley recalled a solemn political declaration made 23-24 years earlier and said changes now feel like a betrayal. He asked whether the declaration and any proposed changes have been discussed at department level and whether a referendum might be necessary.
Official advice and government position
Ms. Maguire said Attorney General advice indicated the original declaration was a political declaration with no legislative basis. She confirmed the matter was being discussed in the context of proposed changes to Irish law and that the adoption of the Constitution was originally a political decision.
Defence capability and neutrality
At the outset, Stanley supported rebuilding the defence forces, saying they are currently in poor shape and that capability must be strengthened if Ireland is to remain a neutral country.
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Transcript
Thanks again. At the outset I support the view put forward in relation to building up our defence forces. They are in a poor shape, unfortunately, and we do need to build up that capability if we're going to be a neutral country. Could I just ask you, just bring you back again to this issue of the UN General Assembly mandate. You indicated there in reply to some of the questions that the UN Assembly mandate would satisfy, would satisfy deployment. You just clarify that. That's, in fact, on two occasions you clarify that. It certainly indicates that very strongly. Just clarify that. And the second question Alfie is around, I mentioned this morning to you that there was, as far as I'm concerned, the solemn declaration meant to the Irish people. We were given a commitment back 24 years ago, 23 or 24 years ago, that the triple lock was being put in there. That was a guarantee. And that now, obviously, from a political point of view, causes problems for ourselves. And I certainly feel betrayed by what's being proposed now. So what I wanted to ask you, has there been much discussion at department level, or inter-department level, or with ministers in relation to, that this may need, this may be challenged, and may need a referendum to pass this. What's your view on that, Ms. Maguire? Or what's the situation at an official level regarding that? Just on the General Assembly issue, the 2006 Act provided that if there was a UN General Assembly approval for a peacekeeping mission, we could participate in it. The fact is, there's none. You know, they are not... That's okay, but it's there. It's there if it exists, but the practicality... Or if we decided to push it and use it. If Ireland proposed that we use it, which we haven't done. But we won't get a response. In practice, it's not... No, that's a judgment. And the other question in relation to the referendum. Yeah, we... Time is up, so maybe again... Just 20 seconds. Yeah, well, just, we would have got Attorney General advice that that was a political declaration made at the time, had no legislative basis. So you're clear, you're clear. It was in accordance with Irish law, and Irish law now we're proposing is changing. The adoption of the Constitution in the 30s was a political decision. Okay. Okay. Thanks. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay.