President Michael D Higgins declared on Saturday that an unexpected gathering of the Council of State will occur due to apprehensions about the constitutionality of a Bill that governs Defence Forces’ representative groups.
The Defence (Amendment) Bill 2024 introduces several key clauses about the Defence Forces. For the first time, it permits organisations representing the enlisted and commissioned ranks to connect with the Irish Congress of Trade Unions on concerns of industrial relations. In addition, it sets up an External Oversight Body for the Defence Forces intended to effect cultural shifts in the military and enhance openness and responsibility.
Although these aspects seem to lack controversy, the President has still felt the need to call a Council of State. The main issue for military representative groups is centred around Sections 11 and 24 of the Bill. These sections prohibit Defence Forces members from publicly voicing their thoughts on any political subject or government policy.
Most agree that soldiers should remain politically neutral. The new legislation, however, bans representatives from discussing government policy. It is this clause that representatives have termed a ‘gagging order’, as it might bar public discussion on contentious topics like compensation, working conditions, and retention in the military sector.
Micheál Martin, the Tánaiste, has stated that there is no desire to silence criticism from military representatives. This assurance, however, hasn’t appeased the Representative Association for Commissioned Officers (Raco), which has accused the Department of Defence of aggressive behaviour against the Defence Forces.
Moreover, the composition of the External Oversight Body has been criticised by military representatives and opposition politicians for having insufficient independence, as the position of secretary general of the Department of Defence is included in the membership. Raco has previously signalled they won’t collaborate with the body due to this particular matter.
However, there is a silver lining within the Bill that has gained some approval — the provision that forbids any other entity from adopting Óglaigh na hÉireann (the official Defence Forces title) as its own and imposes a penalty for entities posing as the nation’s military.
The next steps regarding the bill remain to be seen.
The assembly of critical Irish constitutional figures, known as The Council of State, will have a meeting on the forthcoming Monday. This body incorporates the Taoiseach, Tánaiste, Chief Justice, the heads of the Court of Appeal and the High Court, the Ceann Comhairle, the Cathaoirleach of the Seanad, and the Attorney General. The group will evaluate whether government policy discussions contradict constitutional freedom of speech protections. Following the discussions, they can choose either to pass the Bill to the Supreme Court for verdict or give it the green light for the standard presidential signature.
This is a peculiar scenario. The Council of State has only convened to deliberate over a bill a limited number of times – only 29 times since 1940. In 15 instances out of these, the Council decided to escalate the Bill to the Supreme Court.