Bill to scrap UN approval on sending troops overseas to begin pre-legislative scrutiny

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 nation on where its troops can go

The Government has said the scrapping of the veto will not impact the policy of military neutrality. File Picture: Brian Lawless/PA

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.