Without the Triple Lock mechanism in place, any future Irish peacekeeping missions should be subjected to an annual review to ensure they align with the UN Charter, an Oireachtas committee has been told.
Professor Ben Tonra, of the UCD School of Politics and International Relations, said the Government must establish robust mechanisms to guarantee that overseas missions align with the UN Charter and international law.
Legislation to reform the Triple Lock is before the Oireachtas Committee on Defence and National Security for pre-legislative scrutiny.
The General Scheme of the Defence (Amendment) Bill 2025 would remove the need for UN Security Council and General Assembly approval when deploying more than 12 members of the Defence Forces overseas when they are serving as part of an international force.
Professor Tonra will tell the committee that the Government should consider whether democratic oversight of an overseas missions ends with the initial approval.
He said an annual review mechanism could empower the Dáil to monitor ongoing missions to ensure they remain within the scope of peacekeeping, conflict prevention and support for international security.
The legislation states that a contingent of the Defence Forces can be dispatched outside the State where there is Government approval along with a resolution passed by the Dáil.
However, a subsequent Dáil resolution is not required when deploying a replacement contingent.
A Dáil resolution will also not be necessary when the Defence Forces contingent deploying abroad has 50 members or less.
Prof Tonra will also suggest that any overseas mission should be subjected to a formal legal review before approval to ensure that it is consistent with the UN Charter and international law.
This review could be carried out by the Attorney General or an independent counsel, he said.
"With greater flexibility comes greater responsibility. If we are no longer to rely on the Security Council as the gatekeeper of legitimacy, if we are finally to remove the veto given to the five permanent members of the Security Council over Ireland's overseas military deployment, we must establish robust mechanisms of our own," he said.
"The Defence (Amendment) Bill 2025 is a significant acknowledgement that Ireland’s defence posture is evolving and needs to change in an increasingly volatile region and less stable world.
"The Bill’s proposals do enhance the flexibility of Government in dealing with an international crisis that requires military forces to underpin peace or guarantee security.
"With that flexibility, however, comes greater responsibility
"If - as proposed - UN Security Council members are not to serve as gatekeepers to overseas deployment of Irish peacekeepers, then the Government - and opposition parties - are required to step up to specify by what precise mechanism such deployments will continue to reflect Irish foreign policy values and interests," Prof Tonra will say.
The draft legislation is being examined over a period of eight weeks, after which a bill will be sent for Government approval.
This proposal has faced strong criticism from opposition politicians, who say the move undermines Ireland's neutrality.
Labour TD Duncan Smith said that he had "massive concerns" about the removal of the Triple Lock without examining other methods of a potential guardrail.
He said the UN Charter can be manipulated by whoever is promoting a particular action, referencing the US invasion of Iraq in 2003.
Academic Ciarán Murphy said the idea that the UN is the "protector" of Irish neutrality was a "fallacy".
"From the very beginning it was seen that the Oireachtas and the Dáil were the protectors of the sovereignty, were the protector of neutrality, and were the protectors of the foreign policy that Ireland could assert," he told the committee.
"In fact, Dáil Eireann may actually have to decide to withdraw from the United Nations in the event that it made decisions that were not consistent with what we wanted.
"The UN is not seen as the harbinger and the protector of our neutrality, the Dáil is seen as the protector.
"This House is seen as the protector."
