INNATE introduction: Sometimes you can be wandering in the forest for so long you can’t see the wood for the trees. The issue of the Irish government, and in particular Micheál Martin, striving to get rid of the Triple Lock on the deployment of Irish troops abroad – as part of slowly abolishing Irish neutrality while denying doing so – has been simmering for a number of years. As a result we can be confused and forget. In this short summary of some of the background and issues, Anthony Coughlan sees the wood and the trees –
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Five points worth thinking about in considering the Triple Lock and Taoiseach Micheál Martin’s latest proposal to abolish it –
1. Ireland’s UN Obligations: Ireland is bound by international law and by the rules of its membership of the United Nations to abide by the UN Charter and every provision thereof, including the right of the permanent Security Council members to outlaw military operations they disapprove of, and authorise military operations they approve of, by unanimous vote under the Charter. In view of this, talk of the veto power of particular UN Security Council members being in some way a restraint on Irish “sovereignty” is sheer demagogy, legal nonsense and aimed at gulling the ignorant.
2. Ireland’s “National Declaration” on Neutrality and the Triple Lock: In 2002 the Bertie Ahern Government issued a solemn National Declaration by Ireland – always referred to with capital letters by the Government – to the effect that in view of Ireland’s neutrality policy the State would not engage in any foreign military operation involving more than 12 soldiers unless that was authorised by the United Nations. This National Declaration was made because a majority of voters had rejected the EU’s Nice Treaty in the 2001 referendum on that – many of them out of concern at Nice’s effect on Irish neutrality. The existence of the National Declaration and the Government’s Triple Lock commitment in it was mentioned in the publicity material that was sent to voters by the statutory Referendum Commission to inform citizens what the Nice Two referendum was about in 2002. This National Declaration by Ireland was supported by all parties in the Oireachtas at the time. It was formally responded to by the other EU Member States in their Seville Declaration of that year. These Declarations persuaded enough people to change their votes so that in the 2002 Nice Two referendum a majority agreed that that treaty could be ratified, without any change being made to the treaty itself. Ireland’s National Declaration and the EU’s Seville Declaration were associated with the Nice Treaty when that was formally registered later with the United Nations.
3. The National Declaration was repeated for Lisbon Two: A similar procedure was followed by the Brian Cowen Government when a majority of voters rejected the Treaty of Lisbon in 2008 and the EU Constitution that Lisbon brought into being – again partly out of concern at its possible effects on neutrality. Ireland’s National Declaration on Neutrality and the Triple Lock was reiterated by the Brian Cowen Government along with some other issues. It was again highlighted in the Referendum Commission’s Explanatory Guide sent to voters on the occasion of the second Lisbon Treaty referendum in 2009. Again voters agreed to the ratification of an unchanged Treaty, in part because of this Triple Lock commitment. Again the National Declaration was associated with the Lisbon Treaty when that was formally registered with the UN.
4. The Triple Lock commitment in this unique National Declaration by Ireland has thus acquired a constitutional or quasi-constitutional character: No Irish Government has ever issued a National Declaration like this on any other topic throughout the history of the State. The Triple Lock commitment set out in the National Declaration by Ireland and its use to influence the votes of citizens in the Nice and Lisbon Treaty referendums has given the Triple Lock such a constitutional or quasi-constitutional character that it cannot be constitutionally set aside by the current crop of Government politicians without a referendum of the People. The attempt to repudiate the solemn commitments given in it may also raise legal issues under the Vienna Convention on the Law of Treaties.
5. Abolishing the Triple Lock would have the unintended effect of subverting comparable commitments in any future Border Poll: Even if people deny that the Nice/Lisbon Triple Lock has acquired constitutional force by the manner of its adoption and use in two referendums, its repudiation by the present generation of Government politicians would be a profound breach of political faith with Irish voters past and present. It would mean, for example, that any constitutional commitments or policy guarantees that might be given to Northern Ireland Unionists in the context of a future Border Poll could be repudiated just as easily by a later crop of Irish politicians and would show that such commitments could in no way be relied on. Principled and sensible politicians in the Oireachtas will be sensitive to possible unintended consequences such as this when considering what the Coalition Government is now proposing.

