Defence (Miscellaneous Provisions) Bill 2009

[DeV]

DOD Press release:

The Minister for Defence, Mr Willie O Dea T.D. today has announced the publication of the Defence (Miscellaneous Provisions) Bill 2009. The Bill gives effect to the provisions of the National Declaration on the Lisbon Treaty relating to Ireland’s participation in the European Defence Agency (EDA) and any participation by Ireland in Permanent Structured Cooperation.
The Bill introduces the requirement for prior Government and Dáil approval for participation by Ireland in certain projects run by the EDA and in Permanent Structured Cooperation. In accordance with the terms of the National Declaration, it also provides that any participation must be for the purposes of enhancing capabilities for UN Mandated missions.

Speaking today Minister O'Dea said: “This Bill gives legal effect to the provisions of Ireland’s National Declaration regarding the European Defence Agency and Permanent Structured Cooperation. It introduces a type of triple lock mechanism in relation to any decisions regarding Ireland’s participation in these initiatives, similar to the triple lock we have for the deployment of Defence Forces personnel on peacekeeping operations overseas. As is the case in relation to all defence issues within the European Union, any decision by Ireland to participate in the projects of the EDA or in Permanent Structured Cooperation remains fully and completely within Ireland’s hands. Participation in either will not affect Ireland’s traditional policy of military neutrality.”

The Bill provides that participation in EDA projects and in Permanent Structured Cooperation can only take place where the Government is satisfied that such participation will enhance capabilities for UN mandated missions in the area of peacekeeping, conflict prevention or strengthening international security. Under the Bill, any decision by the Government must also be approved by Dáil Éireann.

“It is vitally important for the modernisation of the Defence Forces and for the protection of our forces that we have access to information on ongoing developments and best practice in the development of military capabilities. For that reason, Ireland participated in the Joint Investment Programme on Force Protection run by the EDA. This has been an important enabler in supporting the further development of capabilities for countering the threat from improvised explosive devises, sensor systems, situational awareness and protection against nuclear, biological and chemical agents. Permanent Structured Cooperation and the EDA do not precursor any militarisation of the EU. Rather they are a recognition by the member States of their obligations to ensure that their troops have the necessary capabilities when serving on ESDP crisis management operations. Working together within the EU we can do this more effectively."

"I am committed to ensuring that the Defence Forces have the best protection and the best equipment possible for participation in UN peacekeeping missions overseas. Where a project would assist the enhancement of capabilities for UN operations then obviously I will look at that”, concluded Minister O'Dea.

It should be on this site (http://www.oireachtas.ie/ViewDoc.asp...1&CatID=59&m=b) in the next few days.


So if we want to participate in an EDA project, say on new comms equipment for example it will require a vote in the Dail, Government approval and must be enhancing capabilities for UN mandated missions

[Big Al]

Amazing how willie can get a bill created when he wants, how long are the RDF waiting for a change in legislation?

[hptmurphy]

Amazing how willie can get a bill created when he wants, how long are the RDF waiting for a change in legislation?

I would reckon there was very little resistance to this one as opposed to creating a bill ensuring a reservists employment, very easy when you don't have to upset your financiers.

[luchi]

Yeah but its not a "real bill" really. All it is is an endosement of something else that has already been agreed.

[Kieran Marum]

————————
AN BILLE COSANTA (FORA´ LACHA ILGHNE´ ITHEACHA)
2009
DEFENCE (MISCELLANEOUS PROVISIONS) BILL 2009
————————
Mar a tionscnaı´odh
As initiated
————————
ARRANGEMENT OF SECTIONS
Section
1. Definitions.
2. Participation by State in certain projects and programmes.
3. Participation by State in permanent structured cooperation.
4. Short title.
————————
[No. 58 of 2009]
2
AN BILLE COSANTA (FORA´ LACHA ILGHNE´ ITHEACHA)
2009
DEFENCE (MISCELLANEOUS PROVISIONS) BILL 2009
————————
BILL
5 entitled
AN ACT TO REQUIRE THAT PARTICIPATION BY THE
STATE IN PROJECTS AND PROGRAMMES UNDER
ARTICLES 20 AND 21 OF COUNCIL JOINT ACTION
2004/551/CFSP OF 12 JULY 20041 ON THE ESTABLISH10
MENT OF THE EUROPEAN DEFENCE AGENCY BE
SUBJECT TO THE PRIOR APPROVAL OF THE
GOVERNMENT AND DA´ IL E´ IREANN; TO REQUIRE
THAT PARTICIPATION BY THE STATE IN PERMANENT
STRUCTURED COOPERATION REFERRED TO
15 IN ARTICLE 42 OF THE TREATY ON EUROPEAN
UNION ALSO BE SUBJECT TO SUCH APPROVAL; AND
TO PROVIDE FOR MATTERS CONNECTED
THEREWITH.

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

20 1.—In this Act—
“Council Joint Action” means Council Joint Action 2004/551/CFSP
of 12 July 2004 on the establishment of the European Defence
Agency;
“Treaty on European Union” means the Treaty on European Union
25 amended by the Treaty of Lisbon;
“Treaty of Lisbon” means the Treaty of Lisbon amending the Treaty
on European Union and the Treaty establishing the European Community,
signed at Lisbon on the 13th day of December 2007;
“United Nations mandated mission” means a mission established,
30 mandated, authorised, endorsed, supported, approved or otherwise
sanctioned by a resolution of the Security Council or the General
Assembly of the United Nations.

2.—(1) Participation by the State in a project or programme to
which Article 20 or 21 of the Council Joint Action applies shall be
35 subject to the prior approval of the Government and the prior
approval of Da´ il E´ ireann.
Definitions.
Participation by
State in certain
projects and
programmes.
Participation by
State in permanent
structured
cooperation.
Short title.

(2) The Government shall not approve participation by the State
in a project or programme referred to in subsection (1) unless it is
satisfied that such participation would contribute to the enhancement
of capabilities for United Nations mandated missions engaged in
peace keeping, conflict prevention or the strengthening of inter- 5
national security in accordance with the principles of the Charter of
the United Nations.
3.—(1) Notification by the State under paragraph 1 or 3 of Article
46 of the Treaty on European Union of the State’s intention to participate
in permanent structured cooperation referred to in para- 10
graph 6 of Article 42 of that treaty shall be subject to the prior
approval of the Government and the prior approval of Da´ ilE´ ireann.
(2) The Government shall not approve the giving of a notification
to which subsection (1) applies unless it is satisfied that participation
in permanent structured cooperation to which the notification relates 15
would contribute to the enhancement of capabilities for United
Nations mandated missions engaged in peace keeping, conflict prevention
or the strengthening of international security in accordance
with the principles of the Charter of the United Nations.

4.—This Act may be cited as the Defence (Miscellaneous 20 Provisions) Act 2009.