Republican News · Thursday 20 February 2003

Caoimhghín Ó Caoláin

International justice and morality

"Irish neutrality is in flitters after the government's mishandling of international affairs and this Bill is designed to re-establish our neutrality on a solid foundation. This Bill will write neutrality into the Constitution for the first time. It is straightforward as constitutional provisions should be. It is also in line with what the government claims is its policy - that is, non-membership of military alliances.

This Bill could not be more timely. Last weekend witnessed the largest political demonstrations in Ireland and around the world in our lifetimes. None of us will ever forget the sight of 100,000 people transforming the streets of our capital city and demanding that the Irish Government oppose the threatened US-British war on Iraq. These were not people marching for material gain or sectoral interests.

This was a demonstration of selflessness and idealism and a declaration that the policy and actions of the Irish government should be, in the words of Article 29.1 of the Constitution, 'founded on international justice and morality'.

The Department of Foreign Affairs has stated: 'Irish military neutrality is a policy to which this government is deeply attached... It is a policy espoused by successive Irish Governments and its core defining characteristic is non-membership of military alliances.'

Very well, then. If that is the case let the government support this Bill.

Article 28 of the Constitution currently reads: 'War shall not be declared and the State shall not participate in any war save with the assent of Dáil Éireann.' We seek to amend Article 28 to read:

'War shall not be declared and the State shall not participate in any war or other armed conflict, nor aid foreign powers in any way in preparation for war or other armed conflict, or conduct of war or other armed conflict, save with the assent of Dáil Éireann.'

It has been argued that the government is already in breach of Article 28 as it stands by facilitating US troops and military material at Shannon. The Hague Convention, Chapter 1 on the Rights and Duties of Neutral Powers, Article 5, states that a neutral power must not allow belligerents to move troops or convoys of either munitions of war or supplies across its territory. I would argue that the government is in breach of the Hague Convention. It may say that war has not commenced. But the US and Britain are already carrying out bombing raids on Iraq. If a full-scale attack commences and the government here continues to allow the use of Shannon, it will definitely be in breach of the Hague Convention.

Our proposed amendment seeks to put the responsibility of government beyond doubt. It would prevent a government acting as this one has done, without a vote of the Dáil. The kind of underhanded and dishonest approach we have seen would be precluded because the government would be accountable to this assembly. Taken together with our proposed amendment to Article 29, the new Article 28.1 would ensure that governments in future adhere to neutrality in policy and in practice.

Article 29.1 and 29.2 of the Constitution read:

'1. Ireland affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality.

'2. Ireland affirms its adherence to the principles of the pacific settlement of international disputes by international arbitration or judicial determination.'

"We seek to insert a new Article 29.3 as follows:

'Ireland affirms that it is a neutral state. To this end the state shall, in particular, maintain a policy of non-membership of military alliances.'

This is the key provision of the Bill and would write neutrality into the Constitution for the first time. It is straightforward as constitutional provisions should be. It is also in line with what the government claims is its policy - that is, non-membership of military alliances."