Paul Murphy challenged proposals to scrap or amend the triple lock, arguing such changes should not be made without a new democratic mandate and without going to the people. He disputed claims that the triple lock grants a Security Council member a veto and warned changes could enable deployments without UN majority support.
Motion and vote
Murphy spoke in a debate on his motion to defend the triple lock and emphasised there would be a vote later that evening in DAWL on the motion.
Legal interpretation of the triple lock
He cited the Defence Amendment Act 2006, saying the triple lock is not limited to Security Council-authorised missions but also covers other peacekeeping missions, including regional missions supported or sanctioned by a UN General Assembly resolution. He argued any mission with majority support in the United Nations can be covered by the triple lock.
Concerns about future deployments
Murphy said proposed changes that remove or modify the triple lock without a fresh mandate would allow future governments to send troops on missions that do not have the support of the majority of the United Nations, pointing to the type of Middle East operations led by the US and NATO as examples.
Government response and planned legislation
A minister responded that there had been lengthy debate on the triple lock, and said amendments would retain three elements - a UN Charter test, government approval and DAWL approval. The minister indicated the Minister of Defence intends to bring forward legislation in the lifetime of this DAWL for Oireachtas committee scrutiny and suggested the detailed legislation would not do what Murphy fears.
Local issue - Bear Island
Murphy also raised Bear Island, noting its defence facility and local concerns about the slipway. The minister said they would discuss the island with the Tánaiste and the local authority and revert, mentioning recent attention to the island's health services and a need for a fund for slipways and peers.
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Chuck, we had a debate this morning about our motion to defend the triple lock and we will have a vote this evening. I want to ask whether you are still committed to scrapping, amending, modifying, whatever you want to call it, getting rid of the current triple lock in the term of this government without a new democratic mandate, without going to the people and allowing them to decide through an election or through a referendum. If you are, will you admit that this idea that the triple lock allows a veto of Security Council members is a red herring? That is not true, that is not what the triple lock does, because the Defence Amendment Act 2006 is very, very clear that this is not just about peacekeeping missions authorised by the UN Security Council, but also includes other peacekeeping missions, including regional peacekeeping missions, supported, approved or otherwise sanctioned by a resolution of the General Assembly of the United Nations. Any mission that has majority support in the United Nations can be covered by the triple lock. What this is actually about is enabling future governments to send troops abroad on missions that do not have the support of the majority of the United Nations. Forget about the General Assembly level, forget about the Security Council, in other words, the sort of missions we have seen in the Middle East led by the US and NATO. Deputy Murphy, there has been a very lengthy debate in relation to the triple lock through your private member's motion. We will be able to vote in the DAWL later on this today. I very much see this in the space of amending the triple lock in the sense that there will still be three elements. There will be a UN Charter, there will be government approval and there will be DAWL approval as well. I would suggest, though we do, and I have said this on a number of occasions, I do think it is important that we allow the Minister of Defence to bring forward legislation. It is our intention to do that in the lifetime of this DAWL, yes, that is our intention. But to allow that to be scrutinised at an Oireachtas committee and considered, because I think when people see the detail of the legislation, I think it will show that it is not intending to do what you fear it will. I do think it is time to refresh the situation regarding the triple lock and look forward to having that debate in due course. Deputy O'Sullivan, in relation to Bear Island, we are in a good run for Bear Island today. We did its health services a while ago. Now we are rightly talking about the issue in relation to the slipway and the need for a fund for slipways and peers. You are making the point that there is a defence facility on the island. I will discuss it with the Tánaiste and the local authority perhaps and revert to you.
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