The Ombudsman for Children has expressed concern to the Government that the Defence Forces may be breaching a UN convention on children's rights by allowing under-18s to participate in armed conflict.
Almost a quarter of recruits to the Defence Forces each year are under 18. The minimum age for general service enlistment to the Army is 17, while apprentices may be recruited from the age of 16.
However, the Ombudsman for Children Emily Logan has written to the Government pointing out that it had signed up to a UN protocol aimed at protecting under-18s from being drawn into armed conflict. The measure was introduced by the UN as part of an international initiative to help eliminate the use of child soldiers.
Ireland's recruitment policies to the Defence Forces are due to come under scrutiny early next year by the UN's Committee on the Rights of the Child.
The Government has submitted a report to the UN in advance of the meeting, defending its recruitment policies. It insists that the training regime means it is extremely unlikely any person under-18 would be involved in armed conflict.
In its report the Government says military personnel who are under 18 are specifically precluded from any service abroad under the Defence Forces' administrative instructions.
The Government says the only situation where a person under 18 could be exposed to hostilities would be if conflict broke out within the State. This could occur if the Army was providing armed military back-up to the Garda while escorting prisoners or providing security for the transport of cash. Furthermore, it says new recruits have core basic training of at least six months before being technically "passed out" as an active member of the Defence Forces liable to the full normal range of military duties.
The Government's position paper says: "The possibility of a person who has not attained the age of 18 years being exposed to any 'hostile' incident is virtually negligible."
In response, Ms Logan has said the UN protocol states that "all feasible measures" to ensure that children do not take part in armed hostilities should be taken by the Government.
"I consider that a measure more robust than an administrative instruction should be introduced to preclude children from taking a direct part in hostilities," the ombudsman wrote, in observations sent to the Government.
Ms Logan has also expressed concern that her office is specifically excluded from investigating the actions of the Defence Forces under the legislation which established her office. She has argued that due to the wording of the UN protocol - which states that those under 18 are entitled to special protection - the exclusion relating to the Defence Forces should be removed without delay.
Ireland signed the optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict in September 2000 and ratified it two years later.
