The High Court has ruled that the prohibition on Defence Forces personnel from participating in public demonstrations infringes their constitutional rights. Representative body PDForra praised this decision, highlighting the crucial questions it prompts concerning the suggested alterations to the law that dictates Defence Force members’ behaviour, which is currently under review by the Oireachtas.
The resolution, delivered on Tuesday by Mr Justice Mark Sanfey, affirmed that Martin Bright, an acting sergeant in the military seconded to PDForra where he presently holds the position of deputy general secretary, had convincingly proven that the instruction had violated his constitutional rights.
The directive had prevented all Defence Forces participants from taking part in a protest at Merrion Square in September 19th, 2018. The demonstration was arranged by the spouses and partners of active Defence Forces personnel to express their dissatisfaction with the existing “conditions of service for Defence Force members”.
Sergeant Bright stated his intention to participate in the protest in an off-duty capacity and donning civilian clothing, but hesitation over the scope of the August-issued order, which seemed to be applicable to every protest, stopped him from doing so. He sought further information on the matter via a series of letters with the Department, but never received the desired clarification.
In his claim against the Minister for Defence, Ireland, and the Attorney General, Sergeant Bright asserted the directive violated his rights to “free expression, assembly, and association”. Mr Justice Sanfey, in his extensive 92-page judgment, asserted that regulating off-duty activities of Defence Forces personnel, particularly when involving matters that might be considered ‘political’, is a complex issue that requires diligent attention from the Minister, in a way that respects everyone’s interest and sensitivities. The judge scheduled a mention of the case on May 31st for cost considerations.
PDForra has applauded the recent ruling, viewing it as a precursor to modifications that could be implemented as part of the Defence (Amendment) Bill 2023. This sentiment was shared by the organization’s general secretary, Gerard Guinan, who emphasised the necessity for more discussions regarding the matter.
During the group’s conference in Co Cavan, Guinan expressed his satisfaction with the judgement, stating, “We’re pleased that this decision supports our claim for the right of peaceful assembly for Defence Forces members. We appreciate any further interaction with the department and the Minister regarding proposed amendments.”
Micheál Martin, the Minister, is expected to join the conference come Wednesday.