Dáil debates
Thursday, 4 October 2007
Other Questions
UN Convention on the Rights of the Child.
3:00 pm
Liz McManus (Wicklow, Labour)
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Question 10: To ask the Minister for Defence if his attention has been drawn to concerns expressed by the Ombudsman for Children that the Defence Forces may be in breach of a UN convention on children's rights by allowing under 18s to participate in armed conflict; his views on the concerns expressed; and if he will make a statement on the matter. [21998/07]
Willie O'Dea (Limerick East, Fianna Fail)
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I am aware of the issues raised by the Ombudsman for Children relating to the optional protocol to the UN Convention on the Rights of the Child on the involvement of children in armed conflicts. The optional protocol was adopted by the General Assembly of the United Nations in May 2000. Ireland signed the optional protocol on 7 September 2000 and ratified the instrument on 18 November 2002. In doing this, Ireland agreed to take all feasible measures to ensure that members of the armed forces who have not attained 18 years do not take a direct part in hostilities. Ireland is fully compliant with the optional protocol.
All military personnel who are under 18 years of age are specifically precluded from any service abroad under the terms of the policy of the Defence Forces, as enunciated in Defence Forces administrative instructions. The existing measures are fully effective. The position is that members of the Defence Forces must be over 18 years of age before they are deployed abroad on peace support operations.
The only theoretical circumstance in which a person who has not attained the age of 18 years could be exposed to hostilities would be where hostilities had broken out and were occurring within the State. In practical terms, the only foreseeable circumstances where such an eventuality could possibly occur would be an actual armed attack on a military barracks or during the course of the military providing aid to the civil power. An example of the latter would be the provision of armed military back up by the Army to the Garda where the police are escorting cash en route to banks or escorting certain categories of prisoner from prison to court, etc. However, as general service enlistment is immediately followed by a basic training period of several months before the recruit is passed out as an active member of the Permanent Defence Force, there is no real possibility that a person who has not attained the age of 18 years could be exposed to any hostile incident.
As regards the Reserve Defence Force, there are about 350 or so serving members of the Reserve Defence Force aged 17 years. Members of the Reserve are not accepted as being trained to the minimum standard required for Reserve operations until they have completed their three star private course which is conducted in the second year of service. Therefore, as 17 years is the minimum age for Reserve Defence Force entry, Reserve entrants are not eligible for Reserve operations until they are at least of age 18 years.
Brian O'Shea (Waterford, Labour)
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I understand that a Government position paper states that the possibility of a member of the Defence Forces aged under 18 years being involved in a hostile incident is virtually negligible. The word "virtually" does not completely preclude this possibility. The Minister appears to be completely satisfied that no member of the Defence Forces aged under 18 years will be involved in pursuing the types of duties he described. Will he provide an absolute guarantee in that regard?
Willie O'Dea (Limerick East, Fianna Fail)
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I do so gladly. As I indicated, the regulations prohibit members of the Defence Forces being sent abroad until after their 18th birthday. There is a low theoretical possibility that a person aged under 18 years could be involved in hostilities here. I assure the House that, having discussed this matter with the Chief of Staff when the question was submitted, I have been assured that there is no question of any member of the Defence Forces aged under 18 years ever being exposed to hostile action. The reason recruitment commences at 17 years is to enable the Army to explain the benefits of joining the Defence Forces to those completing the leaving certificate examination.
Brian O'Shea (Waterford, Labour)
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I thank the Minister for his categorical assurance, which puts the issue to rest.