Cluster Munitions And Anti-Personnel Mines Act 2008

7.

Permitted conduct.

7.— (1) Section 6 does not apply to—

( a) the acquisition, possession, use, retention or transfer of a cluster munition or explosive bomblet by a member of the Defence Forces in accordance with an authorisation under subsection (2) that is in force, or

( b) the possession, retention or transfer of a cluster munition or explosive bomblet—

(i) by a member of the Defence Forces in the course of his or her duties for the purpose of—

(I) rendering that cluster munition or explosive bomblet harmless, or

(II) the future destruction of that cluster munition or explosive bomblet,

(ii) by a member of the Garda Síochána—

(I) in the exercise of any power conferred by law on that member to seize and retain a cluster munition or explosive bomblet in connection with any criminal proceedings, or

(II) for the purpose of delivering that cluster munition or explosive bomblet to the Defence Forces for destruction, or

(iii) by any other person appointed by the Minister by warrant in writing, in the course of that person’s duties for the purpose of delivering that cluster munition or explosive bomblet to the Defence Forces for destruction.

(2) The Minister for Defence, in consultation with the Minister, may, by notice in writing, authorise the Chief of Staff of the Defence Forces—

( a) subject to subsection (3), to acquire, retain or transfer a specified number of cluster munitions or explosive bomblets for the purposes of the development of, or training in, cluster munition or explosive bomblet detection, clearance or destruction techniques, or for the development of cluster munition counter-measures, by the Defence Forces, or

( b) to permit the Defence Forces to transfer to an appropriate authority of a Cluster Munitions Convention state a specified number of cluster munitions or explosive bomblets for the purpose of their destruction.

(3) The number of cluster munitions or explosive bomblets specified in a notice under paragraph (a) of subsection (2) shall not exceed the minimum number absolutely necessary for the purposes mentioned in that paragraph.

(4) Subject to subsection (5), section 6(2) does not apply to any act done or omission made by any person:

( a) in the course of his or her duties in the planning or conduct of operations by an International United Nations Force to which the State has contributed a contingent of the Permanent Defence Force in accordance with section 2 of the Defence (Amendment) (No. 2) Act 1960 and to which a state that is not a Cluster Munitions Convention state has also contributed personnel; or

( b) in the planning or conduct of operations with a state that is not a Cluster Munitions Convention state while carrying out duties as a military representative or filling an appointment or posting outside the State, including secondments to any international organisation, in accordance with section 3(1)( a) of the Defence (Amendment) Act 2006.

(5) Nothing in subsection (4) shall be construed as permitting a person, in the course of the activities referred to in paragraph (a) or (b) of that subsection, to expressly request the use of cluster munitions in cases where the choice of munitions used is within his or her exclusive control.