Doubts surround proposed Irish participation in EU battlegroups, writes Deaglán de Bréadún.
Legal and constitutional difficulties stand in the way of Irish participation in the proposed EU battlegroups, each consisting of about 1,500 soldiers who would intervene at a few days' notice in crisis situations.
Other EU states, particularly the bigger ones, are likely to have battlegroups ready for action this year. However, Ireland is inhibited by the legal requirement for a United Nations mandate as well as legal and constitutional prohibitions on training by Irish troops abroad and foreign troops in Ireland.
Political and security sources stress that none of this has changed in the course of the last two weeks. As the world agonised over the disaster in South-East Asia, the possibility of Irish troops being sent to the region was mooted.
The Minister for Defence, Mr O'Dea, said there was "a bit of confusion" over the implications of such a move. There was no question of infringing Irish neutrality, as strictly humanitarian activity like this did not require a UN mandate.
"That's only relevant when you send armed people out on UN peace enforcement or peacekeeping mission, not humanitarian missions. I have been advised that you don't need any UN sanction, you simply respond to a request from the government [ in question]." He said the Government had also contacted the United Nations in New York "and offered to help". It is understood that a majority of EU member-states have already made military personnel and/or equipment available for disaster relief in response to the tsunami disaster.
The Minister said the best role for Irish military personnel might be in an organisational and planning capacity on the ground. In the late 1990s, about 50 Irish soldiers took part in reconstruction work in Honduras after Hurricane Ditch. At present, Lieu Col Jim Foley, an engineering and logistics specialist, is visiting South-East Asia with an Irish task force and he is due to report back on possible ways our military personnel could help out. In the wake of the disaster, the EU is acceding to a UN request to make available civilian and military personnel from Brussels to help co-ordinate the various offers of military, logistical and other assistance flowing into the UN from around the world.
On the more general issue of the EU battlegroups, Mr O'Dea said there were "a number of obstacles" impeding possible Irish involvement. No Government decision had been taken so far. "All we agreed to do is take part in negotiations. We have not committed ourselves in principle as yet."
He said the "biggest" obstacle was the triple lock mechanism, whereby Irish military personnel cannot take part in an overseas mission unless it is backed by a UN mandate, a Government decision and Dáil approval.
The EU battlegroups or rapid response units would be dispatched in five to 10 days but, in Ireland's case, UN approval would be required.
"They take more than five to 10 days to come up with a decision," Mr O'Dea said.
Another obstacle was the question of inter-operability. Ireland could be linking up with the Swedes, for example, and this would require training. "It would appear that it is illegal for Irish troops to be involved in training abroad under arms," Mr O'Dea said. This appeared to be prohibited by the Defence Act of 1954.
"Likewise for foreign troops coming here: the Constitution states there is only one army entitled to be present," Mr O'Dea said.
There was also a "big debate" about how the battlegroups were to be paid for: "We say everybody pays for their own." Even if Ireland did decide to get involved in missions, "it would be on a case-by-case basis".
Stressing that "this is all futuristic stuff", he conceded it was "theoretically possible but very unlikely" that Ireland could be involved in a battlegroup with British forces but the Government had a "preference" for working with Nordic countries such as Sweden or Finland. "It's going to be spread out over a number of years," Mr O'Dea said.
Meanwhile, his Department was "liaising" with others on the whole issue. "There is no deadline and no great urgency," he concluded.
The Minister clearly had a different perspective on what other sources describe as an inter-departmental group or committee involving the Departments of Defence and Foreign Affairs and representatives of the Defence Forces.
This group has already met once to review the battlegroups proposal and its implications but no date has been set for delivery of its report. "There is a bit of a go-slow," according to informed sources.
There appears to be some nervousness in Government circles following the tabling of a number of Parliamentary Questions on the battlegroups and their possible effect on Irish neutrality and the triple lock.
The fact that 19 of the 25 EU member-states are also in the NATO military alliance is a further consideration.
Whereas countries such as the UK, France, Germany and Italy would each be capable of staffing an entire battlegroup themselves, Ireland would need to combine its resources with other member-states. Soldiers from Ireland have already served alongside colleagues from neutral Finland and Sweden in Bosnia, Liberia and Kosovo.