President Michael D Higgins has summoned the Council of State to review a new bill about the Defence Forces, to determine if it merits being sent to the Supreme Court for vetting on constitutional grounds. The council will congregate this Monday to scrutinise the Defence (Amendment) Bill 2024. All its stages having been cleared in the Oireachtas, it has been presented to Mr Higgins for further consideration.
According to Article 26 of the Constitution, the President has the authority to suggest that a bill be rerouted to the Supreme Court to decide if it is unconstitutional or if certain clauses are. This marks only his fourth time using this authority during his tenure. He has previously exercised this right with bills like the Protection of Life During Pregnancy Bill 2013, International Protection Bill 2015, and the Judicial Appointments Commission Bill 2022.
The changes proposed in the Defence (Amendment) Bill 2024 include enabling military representative groups to join forces with the Irish Congress of Trade Unions (Ictu) and partake in specified trade union activities.
A declaration from Áras an Uachtaráin indicated that Mr Higgins plans to discuss certain portions like Section 11 and 24 of the Bill with the Council of State and evaluate if they infringe disproportionately on constitutional rights.
Section 11 contains guidelines regarding political activity restrictions for Defence Forces members, such as precluding them from expressing political views, attending protests, or participating in political canvassing. Section 24 outlines how the Defence Force’s association should be autonomous from external unions or organisations. It also entails a situation where the minister may grant with written approval an affiliation with an external trade union or body, given he/she outlines certain conditions and limitations.
In the month of May, Micheál Martin, the Minister for Defence and Tánaiste, spoke at the annual conference of PDForra, the Defence Forces members representative body. He discussed the Government’s interaction with this group and Raco, another association, regarding their long-standing application for an associate membership with Ictu.
Mr Martin made it known that during the Bill’s progress through the Dáil, he aimed to facilitate links between the representative bodies and Ictu, a cause to which he remained devoted. He acknowledged PDForra’s ongoing apprehensions regarding the legislative language surrounding the terms of Ictu affiliation. He hoped that the reassurances he provided had allayed these concerns.
Beyond this, he stated unequivocally that the right and ability of the association to represent its members’ interests would not be hampered in any way.
The State Council comprises of multiple members, including the Tánaiste, Taoiseach, Chief Justice, presidents of both the High Court and the Court of Appeal, Ceann Comhairle, Cathaoirleach of the Seanad, and the Attorney General. Other members include past chief justices, taoisigh, and presidents.
President-appointed council members include ecological scientist Dr Cara Augustenborg, writer and disability campaigner Sinéad Burke, sociologist and Irish Traveller rights activist Dr Sindy Joyce, Maurice Malone, the CEO of the Birmingham Irish Association, Methodist minister and assistant professor at Trinity College Dublin, Johnston McMaster, Maynooth University senior lecturer, Mary Murphy, and Seán Ó Cuirreáin, former journalist and Irish Language Commissioner.