Letter from Lieutenant General Peadar MacMahon to
Lieutenant General Seán MacEoin (Dublin)¹
(S/502) (Secret) (Copy)

A news item broadcast from Radio Éireann this morning stated that on his arrival in New York in connection with the forthcoming meeting of the United Nations Assembly ‘Mr. Cosgrave told a Press conference that Ireland has not yet decided whether to volunteer troops for the United Nations’ forces proposed for the Middle East’.

As you are aware we wrote to the Department of External Affairs in January, 1954,² on the subject of what this country’s obligations under the United Nations Charter would be when our application for membership was accepted. In the course of that communication we stated –

‘It is agreed, however, that the various problems involved should be examined in detail now so as to ensure that all amending legislation necessary will be ready for introduction when required. While the terms of the UNO Charter have been examined in this Department and certain ideas have been formed as to the obligations attached to its membership, the Minister would like to have an authoritative statement from your Department indicating the full implications of membership and how, in actual practice, the obligations of membership are fulfilled. The Minister would, in particular, like to have information as to what would be involved by the obligation to make available to the Security Council "facilities, including rights of passage" under Article 43 of the Charter and whether this means, in practice, that member countries are required to accommodate, even temporarily, in their territory, armed forces of other member states’.

This matter was also referred to in a memorandum dealing with major Emergency problems prepared on your instructions in September, 1955³ for informal circulation to your colleagues in the Government.

The purpose of the present minute is to recall to mind the fact that legislative and other action would be necessary before the Defence Forces or any part thereof could participate in an International Police Force such as that at present under consideration by the United Nations. Amongst the more important matters which would require to be reviewed in connection with such legislation are the following:

1. Service outside of the State.
2. Command.
3. Active Service.
4. Field Courts-martial and Field punishments.
5. Definition of ‘enemy’.

It is, furthermore, understood that the Department of External Affairs were to consider in conjunction with the Attorney General’s office the doubtful question as to whether the expression ‘time of war’ in Article 28.3.3? of the Constitution can be interpreted as covering an enforcement action of the United Nations.

There is also the further point as to whether participation in a United Nations International Police Force would not also raise the question of Visiting Forces already referred to in memoranda submitted to you previously. An aspect of this matter was, it will be observed, mentioned in our minute of January, 1954 to the Department of External Affairs in the reference to the obligation to make available to the United Nations Security Council ‘facilities including rights of passage’ under Article 43 of the United Nations Charter.

Apart from the foregoing I would mention that in January, 1954 the then Chief of Staff⁴ wrote as follows:-

‘As you appreciate, our plans, training, tactical doctrines and organisation are based on the fact that the Defence Forces are raised for service on, and in defence of State territory. The assumption of liability to take part in overseas operations would be an entirely new commitment for us and would require a good deal of study.’

Similarly, the granting of assistance or facilities here for foreign military forces would raise military problems which would have to be studied.’

In addition I presume major problems would arise involving questions of pay, uniform for climatic conditions unlike our own, equipment, etc.

The position is, therefore, that while an amount of consideration has already been given to the problems which would be involved in the country’s participation in any International Police Force established by the United Nations, further extensive and detailed consideration would have to be given to the matter and the necessary legislation enacted before such participation could become a reality. In all the circumstances, therefore, I would be glad to have a direction as to whether we are to proceed further in the matter. As well as the military and civil sides of this Department it is felt that further consideration of the matter would involve only the Departments of External Affairs, Finance and the Attorney General.