Following recent legislation signed by President Michael D Higgins, representatives from both enlisted and commissioned Defence Forces personnel can now liaise with the Irish Congress of Trade Unions on industrial relations issues. The Council of State, which includes current and former government officials, senior office holders, and judiciary members, was consulted by Mr Higgins on the bill’s constitutionality.
Initially, it was speculated that the President might refer the bill to the Supreme Court for constitutional review. However, his decision to sign it leaves the door open for potential court challenges in the future – a move which would have been blocked had the Supreme Court been asked to review the bill.
Certain organisations representing Defence Forces members had opposed clauses 11 and 24 in the bill. These sections explicitly prevented Defence Force members from airing views on political topics or government policies.
The new law also establishes an External Oversight Body for the Defence Forces. This body’s mission is to cultivate a shift in military culture, promoting increased accountability and transparency.