The Government will be able to deploy the Defence Forces on foreign emergency humanitarian missions, reconnaissance and training without the approval of the Dáil under legislation rushed through the Dáil in little over two hours early today.
Up to now, the Government has had to get the approval of the Oireachtas before sending more than a dozen soldiers abroad, while the Defence Forces have been prevented by law from taking part in military exercises abroad with foreign forces.
Under the Defence Act (Amendment) Bill 2006, Irish soldiers will not be posted to United Nations military operations until both the Government and the Dáil agrees, and a United Nations Security Council resolution is passed. This combination is known as the "triple-lock".
They will be able, however, to join up with 1,500-strong EU battlegroups in training areas before the Oireachtas has voted on their deployment and before the UN resolution is passed - though the soldiers will be withdrawn if either or both do not agree.
"There is a need for more capable and more rapidly deployable responses to crises as they emerge, and with that a need for military forces which are cohesive, professional and effective. Training with other forces is key. Lives can be saved and crises, if not prevented, can at least be contained," said Minister for Defence Willie O'Dea.
However, the legislation goes further in that it will change the relationship between the Government and the Oireachtas on decisions about other deployments abroad of Defence Forces' personnel for non-United Nations actions.
Section 3 of the legislation said that soldiers could be sent abroad "with the prior approval of, and on the authority of, the Government" to fill posts in international organisations, ceremonial duties, sporting events, to inspect equipment and to take part in exchange visits.
"Some of these duties have, in fact, been part of the Permanent Defence Forces since the foundation of the State," said the Minister, insisting that the legislation means that they would be able to act as "they have always done".
Making no mention of the need for Oireachtas approval, the legislation also allows military deployment on "humanitarian tasks, or on reconnaissance and fact-finding missions".
Irish soldiers, said Mr O'Dea, needed to be able to train with EU battlegroups, rather than first meeting them on the ground "in a real live and potentially dangerous environment".
Humanitarian missions to deal with natural disasters occur without UN sanction because "they do not generally represent a threat to international peace and security," he said.
Up to now, Defence Force volunteers must volunteer for duty with a non-governmental organisation (NGO), rather than be sent under the State's command.
Supporting the thrust of the legislation and the creation of battlegroups, Fine Gael TD Billy Timmins criticised the Government's decision to retain the "triple-lock".
It should be reformed to leave the decision up to the Government and the Oireachtas, basing their decisions on "the purposes and principles" of the UN.
Labour TD Joe Costello said the speed of the legislation's passage was "an absolute scandal", particularly since it is the only Bill tabled by Mr O'Dea during his time in office.
The Government had broadened the definition of a UN-approved mission to one not "only established but also authorised, endorsed, supported, approved or otherwise sanctioned" by a Security Council motion.
Green Party Dublin South East TD John Gormley said the decision to let soldiers join up with EU battlegroups in advance of a UN resolution is "both farcical and dangerous".
Sinn Féin TD Martin Ferris said the Defence Forces' participation in the EU battlegroups was "a gross infringement of the principle of Irish neutrality".
