Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I thank the Deputy for his question. The general scheme of the defence (amendment) Bill includes a number of proposed provisions, including provisions relating to the membership of the external oversight body. The provisions fully reflect the recommendations of the independent review group, IRG, report relating to the composition of the membership of the body. The recommendation does not include members of the Permanent Defence Forces representative associations. The general scheme provides that the current members of the interim non-statutory oversight body may be appointed as the initial members of the statutory external oversight body. That is an important point. I have said previously that the oversight body is not a representative body. I have said to the representative bodies that it was never meant to be a representative body; it is meant to be a body that oversees radical reform within our Defence Forces.

Regarding the provisions in the Bill to prohibit certain ranks from becoming members of representative associations, it is important to point out that this has been the case since 23 January 2020. The holder of the post of director of military prosecutions, DMP, cannot be a member of a representative association. This is set out in Defence Force Regulation, DFR, 02/2020, section 4(1) and section 6(2). The general scheme proposes to further include the post of military judge, MJ. The DMP and MJ posts are for all members of the Defence Forces and as such, they must be seen to be wholly independent, by all in carrying out their specific duties. Furthermore, the posts of DMP and MJ are open to the public to apply and the terms and conditions for those posts are set out in legislation.

Regarding the proposals set out in the general scheme to prohibit the Defence Force representative associations from making a public statement or comment concerning a political matter, this is provided for in regulation, namely DFR S.6, which states: “No public statement or comment concerning a political matter shall be made by the Association." This position was also confirmed as part of the terms of the 2022 High Court settlement with the representative associations in connection with temporary associate membership of ICTU.

It is important to note that representative associations are entitled to comment on the impact that a particular policy is having on its members. It is intended that the representative associations will continue to have the right to comment on matters as provided for under existing regulations. Similarly, individual members of the Defence Forces will retain existing rights and obligations provided for under regulations.

I met with the representative associations recently.

I have listened to their concerns and given a commitment to consider the points they have made and to come back to them, which I will do shortly.

See this speech in context