The Labour Party has claimed that the Government has been forced into a U-turn on legislation governing the Defence Forces in a bid to eliminate uncertainty about the legal status of some peacekeeping missions.
The claim, which is strongly rejected by Minister for Defence Willie O'Dea, relates to the fact that peacekeeping missions must be "established" by the United Nations, whereas many recent peacekeeping missions are authorised by the UN but carried out by other organisations.
Yesterday the party said it had raised concerns about the existing legislation last year, especially in relation to Ireland's UN peacekeepers in Kosovo, who are there under a Nato-led mission, but had been informed by Mr O'Dea that there was no legal uncertainty.
In a letter to then Labour defence spokesman Joe Sherlock, Mr O'Dea said: "The missions conform perfectly with the Defence Acts. The interpretation of successive attorneys general is that the word 'established' in the Acts covers the scenario where the UN decides that a mission must be deployed abroad but regards it as more appropriate to ask the EU, Nato or the Organisation of African States to undertake it rather than put it together itself. The advice is the word 'established' covers both scenarios."
However, last week the Opposition parties' whips were briefed that new defence legislation being introduced to allow for Ireland's participation in EU battlegroups would also include a section dealing with UN approval.
The parties have been told that the section will introduce "an amendment to the definition of International United Nations Force as provided for in the 1960 and 1993 Acts to reflect the changes in the organisation and structure of forces deployed on peace-support operations by the UN, in particular, the use of regional organisations to organise forces . . . "