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

No, and a member does not have to identify himself or herself as a member of the Defence Forces when criticising the Government or engaged in agitation and so forth. I went back to the Attorney General after Committee Stage because I was concerned about the piece around representative associations and whether they might be restricted in representing their members and so on. We put in an amendment to state that anything included as a prohibited activity was without prejudice to their role as representatives of their members. My officials worked on a further amendment but I found, on reflection, that our amendment might have been seen as restrictive in the context of remuneration and so on. I am not going to proceed with that amendment. What we have, and the inclusion of "without prejudice", allows a broader space for the representative associations to represent their members on all matters pertaining. I am satisfied - and the Attorney General has been clear on the point - that the measure is included. I was trying to make it more affirmative or assertive, having listened to the debate on Committee Stage, but the Attorney General has been clear on that point.

We are trying to preserve the apolitical nature of our Defence Forces and to provide clarity in primary legislation to that effect. Everyone nodded when I said it is universally accepted that an apolitical military is a cornerstone of any free and open democracy. These provisions are not new. The Defence Act 1954 and the oaths taken by members of the Defence Forces have always provided for restrictions with regard to political activities. Section 103 of the Defence Act 1954 states, "A member of the Permanent Defence Force shall not join, or be a member of, or subscribe to, any political organisation or society ... whatsoever." The oath taken by members of the Defence Forces requires them to solemnly swear to "be faithful to Ireland and loyal to the Constitution" and that while a member of the Permanent Defence Force, they will obey all lawful orders issued by superior officers and "will not join or be a member of or subscribe to any political organisation or society or any secret society whatsoever".

Defence Forces regulation A7 relates to communications, articles or letters on matters bearing on the Defence Forces generally and provides that such communication must be channelled through the director of intelligence and approved by the Minister. Defence Forces regulation A9, which deals with dress and medals, includes prohibitions on the wearing of military uniform at a meeting, demonstration or function of a political character. Those matters are already dealt with in regulation.

Section 2 of the Defence (Amendment) Act 1990 sets out that the Minister "may provide by regulations for the establishment of an association or associations" and goes through the role of those associations "as may be specified in the regulations in relation to matters affecting their remuneration and such other matters as the Minister may specify in the regulations, but excluding matters relating to any operation and the raising, maintenance, command, constitution, organisation and discipline of the Defence Forces under the Principal Act", and so on. Paragraph 10 of Defence Forces regulation S6 refers to communications relating to matters within the scope of representation or internal affairs. Much of this is already in the Defence Forces regulations. We are providing clarity in primary legislation.

Somebody referenced to me outside the Committee Stage meeting the example of a member of the Defence Forces giving a general opinion on, for example, Palestine and the Middle East. The argument was that surely a member of the Defence Forces should be able to join a protest in that context. Let us think about that. Our Defence Forces are in Lebanon as peacekeepers. Inadvertently and unwittingly, people could compromise our role as peacekeepers in given situations around the world. There would be complex security and defence issues if people were commenting willy-nilly on such matters while in uniform. What we are doing here is safer. It protects members of the Defence Forces. They are the last line of defence for the State. I have thought long and hard about these issues. As we discussed on Committee Stage, similar restrictions already operate across the wider public service. The Civil Service, in particular, is restricted. I am not changing. I have reflected long and hard. What we have put in already protects the representative associations. There is no hindrance in any shape or form to their capacity to represent their members.

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