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    The State is abdicating responsibility for National Defence. By Gerard Humphreys, former army officer.

    Introduction. As the lights begin to go off in Europe, the State continues to abdicate responsibility for national defence and is failing to fulfil its key obligations as an independent entity  in international law. The geopolitical situation continues to rapidly deteriorate yet the government is engaged in a massive PR exercise ostensibly  celebrating the centenary of independence. Because of a reckless disregard for our security we have insufficient numbers of defence personnel to deploy our ships or put aircraft fit for purpose into the sky. Rather than discharging their duty to properly maintain and equip the defence forces the government response is to reduce the number of ships and seek to privatise the role of the defence forces. War in Europe 1939 On 1 September 1939 the government ordered the full mobilisation of the Defence Forces including all reserves. By the end of that month some 19,000 troops were under arms which was 50% of the agreed war establishment strength of 37,000. However, this limited expansion was objected to by the Department of Finance. Within two months of mobilisation Finance had forced the Army to contract its size in the interests of economy. By January 1940 Defence Force numbers had fallen to 16,000 and by May to 13,500. In January 1940 the government appointed General McKenna as Chief of Staff. He reported “a complete absence of the most important weapons, … namely anti-tank weapons, anti-aircraft weapons …”. He also had no officers. The dead hand of the Department of Finance Since the foundation of the Officer Cadet School at the Military College in 1928 up to 1939, the State had only commissioned about 100 officers through the Cadet School most of whom spent over 9 years as Second Lieutenants without promotion. No adequate provision was made by Finance for the Army. By May 1940 following the collapse of France, Germany was in possession of the Atlantic coastline from Norway to the South of France. Ireland was an obvious candidate for invasion: by Germany to seize ports and airfields with which to assist the invasion of Britain and threaten Britain’s Atlantic lifeline. It was also at risk of an invasion by Britain to seize the treaty ports. This was within seven months of the Department of Finance having drastically cut the Army. The Government finally acted, and the leaders of Fianna Fáil and Fine Gael issued a call to arms which had a dramatic effect. Those who fought on both sides of the Civil War, rallied to the colours and by March 1941 the Army was over 41,000 strong and the Local Defence Force (later the FCA now called the Reserve) had a strength of 88,000. By 1941 Britain was putting an economic blockade into effect against Ireland and denying key materiel to Ireland. The aim of the blockade was to extract Irish concessions on defence, in particular the Treaty ports. We will come back to this later. However, the dead hand of Finance was still causing major problems for the Army with Finance refusing to sanction the commissioning of experienced NCOs as officers to fill a drastic shortage of officers and further compounded the difficulty of recruiting good officer material. The Department of Defence is a decoy department; the decisions are made by the Department of Finance. Complaints about Finance obstructing NCO promotions were repeated in 1941–42. The Department of Defence is a decoy department; the decisions are made by the Department of Finance. Complaints about Finance obstructing NCO promotions were repeated in 1941–42. History Repeats Itself with War in Europe in 2022 Today, the current establishment as of the 30th of November 2021 shows a total strength of 8,539 for the Army, Navy and Air Corps against an establishment of 9,500 that is for the Permanent Defence Force. The total strength of the Reserve Defence Forces is down to 1,611 out of an establishment of 4,069. Over the 6-year period from 2015 – 2020 military expenditure as a percentage of government expenditure accounted for on average just under 1.2% of the Government of Ireland’s expenditure in contrast to eight  comparator countries where average expenditure accounted for some 2.6% of total government expenditure. The comparator countries were Austria, Belgium, Denmark, Finland, the Netherlands, Norway, Portugal and Sweden. Ireland also spends considerably less on defence in per capita terms as a percentage of overall government expenditure and as a percentage of GDP/GNI, than any of the comparator countries selected. Ireland does not maintain a defence force from a military point of view in sufficient strength to fulfil the security obligations required by international law for a neutral state. In 1986 the Permanent Defence Forces had a combined strength of 13,600 and the Reserve Forces had a strength of 15,800 which means the strength of the Army, Navy and Air Corps is 40% below what it was in 1986 and the Reserve Forces are 10% of what they were in 1986. Commission on Defence presented Government with three options The Defence Forces as constituted at present are not capable of fulfilling its primary objective of defending the State against external aggression. The Defence Forces as constituted at present are not capable of fulfilling its primary objective of defending the State against external aggression. In 1982, Ireland’s permanent representative to the United Nations, Noel Dorr told the General Assembly’s first meeting on disarmament: “We are small, militarily insignificant and outside any alliance and we have acknowledged our own vulnerability. Our armed forces are about the same size and serve the same peacekeeping and other purposes as those which every country would be allowed to maintain even in a disarmed world.” The Government needs to understand, however, that we do not live in a disarmed world. Disconnect There is a disconnect between the Government’s stated policy and the current funding of the Defence Forces. More recently, the Government engaged in a public relations exercise when it announced an increase in Defence spending. The Commission on Defence identified three levels of Ambition. Level One

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    Reckless disregard for our security. By Gerard Humphreys, former army officer.

    The Constitution of Ireland declares Ireland to be a sovereign independent democratic state. This declaration of sovereignty means that the State is not subject to any power or government. But sovereignty to be recognised in International Law brings with it rights and duties. International law is based upon the concept of the state and the exercise by that state of effective control over it’s own territory. Territorial sovereignty is the key concept in International Law in particular in regard to territorial defence. Ireland is not fulfilling its key obligations in International law. The Russians have already hacked our health system, and acted in a hostile manner in positioning warships over our crucial underseas cables (our south-western approaches) yet because of our reckless disregard for our own security we had insufficient number of naval personnel to deploy our ships or put an adequate number of aircraft in the sky. Yet the government are engaged in a massive PR exercise on celebrating a centenary of independence. Rules of international law come from two main sources, treaties and customary international law, both of which are created by States. States are bound by the rules to which they have chosen to bind themselves. Every State has jurisdiction over its territory. That is obvious given the concept of Statehood with which international law operates. Article 5 of the Constitution Proclaims: “Ireland is a sovereign, independent democratic state.” The territory of the State is the whole of the area within its borders and also the adjacent territorial seas up to 12 miles from the coast. It includes the airspace above and the subsoil below. The 1982 UN Convention on the Law of the Sea provides a comprehensive legal framework for the use of the seas along coastal States to exercise jurisdiction over the living, fish, whales etc. and non-living resources, oil, gas etc. of the sea and seabed and over certain other matters including pollution, scientific research and other installations such as oilrigs in a 200-mile exclusive economic zone adjacent to its coast. What does this mean? Therefore, it is not open to Ireland to abandon its responsibilities for its territory, airspace and exclusive economic zone. It is the sovereign duty of the State to deploy its ships into our exclusive economic zones off our coasts. It is our sovereign duty to police our airspace. It is questionable whether it is a permissible delegation in international law to have another sovereign State police our airspace to interrogate aircraft. It would appear that the Government have authorised British military aircraft to interrogate unidentified civil aircraft that fails to identify itself by radio or radar as it approaches Ireland from the Atlantic. It begs the question after interrogation if it is unsatisfactory and the aircraft is perceived as being hostile either by being hijacked or otherwise is there a power of interdiction also delegated? It would appear that the Government have authorised British military aircraft to interrogate unidentified civil aircraft that fails to identify itself by radio or radar as it approaches Ireland from the Atlantic. It begs the question after interrogation if it is unsatisfactory and the aircraft is perceived as being hostile either by being hijacked or otherwise is there a power of interdiction also delegated? It would appear that the British Prime Minister can authorise the interdiction of a civilian aircraft that is being weaponised. We do have a National Security Committee and the risk of an aircraft being weaponised is real but there is no effective democratic oversight of national security in Ireland. The Oireachtas and members of the Dáil and Seanad do not have access to classified information at any level. Ireland is one of the most secretive democracies when it comes to democratic oversight of national security issues. The Oireachtas and members of the Dáil and Seanad do not have access to classified information at any level. Ireland is one of the most secretive democracies when it comes to democratic oversight of national security issues. But this is a questionable delegation or power; it has all the hallmarks of an abdication of responsibility by our Government. Our duty of impartiality in International Law may not be viewed as neutral delegating to a NATO Country a power of interruption and possible interdiction. Of course we can request assistance, but the duty falls primarily on us under the self help principle. These are the real questions that our democratic representatives should be raising in the Dail and Seanad. The right to raise and maintain armed forces is vested in the Oireachtas. Why is our navy not capable of deploying naval vessels in our seas and exclusive economic zone? Why has our air corps not capable of policing our airspace a task that could be executed by the Air Corps in the 1960’s with Vampire jets then replaced by Fouga magisters but not now equipped with aircraft fit for purpose and the discharge of their primary task. Are we to spend the next 50 years pointing an accusing finger at the British for the destruction of an aircraft interdicted by them in our airspace when we have already spent 50 years pointing an accusatory finger at Britain in the media for the possibility that the Aer Lingus Viscount St. Phelim was accidentally shot down by a British missile off the coast of Wales? On that occasion the recovery of the Aer Lingus wreckage was carried out by the Royal Navy. The failure of a State to carry out its assigned duties as a State undermines the very existence of that State. It was the sovereign duty of the State to deploy its Navy off the south-west coast when there was suspicious activity being carried out by Russian vessels. That is the task of our naval vessels. ..we have already spent 50 years pointing an accusatory finger at Britain in the media for the possibility that the Aer Lingus Viscount St. Phelim was accidentally shot down by a British missile off the coast of Wales? On

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