IRELAND: There is no legal impediment to sending Irish troops on humanitarian duty to south Asian countries affected by the tsunami disaster, according to a spokesman for the Representative Association of Commissioned Officers.
Mr Adrian Ryan, whose association represents officers in the Defence Forces, said yesterday that the so-called triple lock - United Nations mandate plus Government and Dáil approval - did not apply in the case of a humanitarian mission.
The components of the triple lock are required where military missions overseas are concerned, but Mr Ryan said these requirements did not have to be met in the current situation.
"The legal position is that if we were sending an armed force on a peacekeeping or peace-enforcement mission abroad, the triple lock would operate," he said. "The triple lock does not prevent us from sending troops abroad to give aid in a natural disaster situation."
Provided these troops were only carrying sidearms for their personal protection, they would "not be armed in the true sense of that expression in the context of the relevant documentation".
This was not the same as troops going abroad on peacekeeping or peace-enforcement missions, who would normally be supplied with heavier weapons as well as armoured cars.
Asked why the association was getting involved in the issue, Mr Ryan said: "We don't want the Government to be impeded by the triple-lock requirement for a UN mandate. The Defence Forces are the best organisation to provide aid. We have the skill-sets."
The Defence Forces had proved over the last 40 years that they could give "tangible and sustainable aid" in disasters. As for providing assistance in in south-east Asia, Mr Ryan said: "We would be in the business of saying, this is what the Defence Forces are here for. We are here; we are available; we have the skill-sets. Send us."
A Government source said that if Irish troops were needed, they would be sent and the appropriate legal requirements would be met. "The Government is consulting the Attorney General," the source said.
A task force was being sent out, consisting of experts and a military officer, to assess the needs and logistics of the situation. It was intended that this mission would visit Sri Lanka, Indonesia and Thailand.
The Defence (Amendment) Act 1960 permits Irish troops to be "dispatched for service outside the State as part of a United Nations emergency force" provided that this is "for the performance of duties of a police character".
The Defence (Amendment) Act 1993 specifies that such a force must be "an international force or body established by the Security Council or the General Assembly of the UN".
There is no indication at present that the Security Council or the General Assembly is about to establish such a force. Countries affected by the disaster are to make appeals at the UN on Friday for assistance.