A faxed document was sent to An Taoiseach Bertie Ahern from a Solicitor representing Ms Mary Kelly, Nurse and Mother, who is currently before the courts in connection with alleged incidents at Shannon airport.
Ms Kelly stated that under Article 28.3.1 of the Constitution, a UN Resolution was needed to launch a war of significant military action against the state of Iraq in order to allow use of any Irish airport such as Shannon, or Irish airspace or the expenditure of any State revenue for the purposes of any such military action or war.
The actions of An Taoiseach ALREADY CONSTITUTE PARTICIPATION IN A WAR within the meaning of Article 28.3.1.
Copies of this legal document have been sent to Minister for Foreign Affairs, Brian Cowen, His Excellency, Ambassador of the Republic of Ireland to the USA, and An Taoiseach Bertie Ahern prior to his meeting with President George Bush in Washington yesterday.
Ms Kelly said " I have asked my legal advisors to prepare for action if this letter does not get an appropriate response".
ENDS. For further info contact Mary Kelly at 087 963 8398.
Mr. Dermot McCarthy, The Secretary General, Taoiseach's Department, Government Buildings, Merrion Street, Dublin 2. Via Fax: 01-6766830 13th March, 2003 Our Ref: 5701-03/JN/ET Re: Mary Kelly
We act for Mary Kelly of Atlantis Adventure, Baltimore, Co. Cork, who is a Mother and Nurse and we are instructed to write to you as follows:-
Our client is seriously concerned from recent public statements by An Taoiseach and other Government Ministers that there appears to be a lack of clarity and appreciation on the part of the Government as to the legal and constitutional principles which would govern any provision or continued provision of State or domestic facilities or other assistance to any country which might decide to launch a war or significant military action against the State of Iraq, without the unequivocal sanction of the United Nations.
Our client is particularly concerned about this matter at the immediate present time in the specific context of a reported private meeting between An Taoiseach and the President of the United States in Washington D.C. today in which it is possible that An Taoiseach might purport to offer continued use of facilities at Shannon Airport and the use of Irish airspace to aircraft of countries such as the USA and the UK, who might become involved in a war against the State of Iraq launched without the sanction of a UN resolution specifically authorising same.
By reasons of her concerns, our client has asked us to look into the legal and constitutional situation which we have done and we are further instructed to inform you as follows;-
1. In the event of a unilateral decision by the USA / UK and other States to launch a war or significant military action against the State of Iraq without the sanction of a UN resolution unequivocally authorising such action, the user of any Irish Airport (such as Shannon) or Irish airspace or the expenditure of any State revenue for the purposes of any such military action or war WOULD CONSTITUTE "PARTICIPATION IN A WAR" within the meaning of Article 28.3.1of the Constitution.
2. Apart from the provisions of the said Article 28.3.1 which requires the Assent of Dáil Éireann as a precondition to the participation by the State in any war, the general provisions of the Constitution and in particular the provisions of Article 29.2 and 29.3 prohibit the State from participating in any war whatsoever, SAVE a war sanctioned by an unequivocal duly authorised resolution of the UN Security Council or a war in the nature of self defence to an unprovoked attach for such period as might elapse until the UN is in a position to intervene.
3. Accordingly it would be constitutionally impossible for the Irish State, its Government or Parliament to permit or continue to permit the user of any Irish Airport or Irish airspace or any other State facility or revenue for any significant military action or war launched unilaterally by any State or States without a specific UN resolution unequivocally authorising same. In this context it is beyond argument that the launching of a war is not sanctioned by Resolution 1441 of the Security Council or any earlier Resolution.
We would ask that the substance of this Constitutional and Legal advice obtained by our client should be immediately conveyed to the Government and An Taoiseach and if at all possible prior to his meeting today with the President of the United States.
In order to expedite the matter and hopefully to achieve that purpose, we are also faxing copies of this letter to the Minister for Foreign Affairs and the Irish Ambassador to the USA in Washington DC.
Please acknowledge receipt.
Yours faithfully,
Joe Noonan
NOONAN LINEHAN CARROLL COFFEY
c.c. Minister for Foreign Affairs
c.c. His Excellency, Ambassador of the Republic of Ireland to the United
States of America