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Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: That is a political matter. It is a matter of potential public controversy, for example, Ukraine or the Middle East. Our Defence Forces can be there as peacekeepers in any given scenario in the future, in Africa, in Sahel or wherever. What if public commentary is made, if protests are happening on those political matters, and people are taking positions on them? How does that colour host...

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: I am not saying that. I am making the point.

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: Does the Deputy not see there is merit in what I am saying-----

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: -----that there is a need for caution here in the degree to which one allows for excessive latitude around this because it could subsequently compromise actions and roles of the Defence Forces?

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: We know that in domestic politics, people are very concerned about a range of international affairs, and rightly so. That is a part of it. We encourage our people to have a global outlook, a European outlook, etc. If people see a defence force or a significant number taking a position, that could subsequently compromise our engagement in certain theatres where we may be required for...

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: Can I come back to the Deputies on it?

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: We have a small country. That is fine.

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: I would have to check whether it is in primary legislation, but there are very clear codes of conduct. The Deputy knows this himself, as a veteran of politics at this stage. If a public servant is above a certain grade in a local authority, they cannot even run in politics, and that is as a civilian. Otherwise, they have to resign.

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: No, I am talking about public agitation and protest.

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: Yes, the members. Every member of the Defence Forces is by definition more or less a member of PDFORRA and listed. My point is that the Bill is endeavouring to avoid a situation where a widespread campaign urged people to go and talk to every single TD in a constituency and so on. That is a new and dangerous line that we need to think through carefully before going down that road or we are...

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: Yes.

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: Changes.

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: I will take on board what has been said here and come back with a further amendment.

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: I move amendment No. 6: In page 11, to delete lines 1 to 10 and substitute the following: "(a) in subsection (1), by the insertion of "subject to subsection (1A)," after "the person's commanding officer or,", and (b) by the insertion of the following subsection after subsection (1): “(1A) The Chief of Staff may, where the circumstances so require— (a) appoint an...

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: I move amendment No. 7: In page 11, to delete lines 14 to 20 and substitute the following: " "(a) to be investigated under section 177, or".".

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: I move amendment No. 8: In page 12, between lines 11 and 12, to insert the following: “Amendment of section 196 of Principal Act 17. Section 196 of the Principal Act is amended, in subsection (1), by the substitution of “The Director” for “The prosecutor”.”. The director of military prosecutions is responsible for the conduct of any prosecution...

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: I move amendment No. 9: In page 14, line 19, to delete “In this section” and substitute “In this section,”. These are technical amendments to correct minor typographical issues relating to both sections. In page 14, line 19, to delete "In this section" and substitute "In this section,". There is a comma in the second bit. Amendment No. 14 does a similar...

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: First of all, the independent review group, of which Ms Bronagh O'Hanlon was chairperson, did a year-long assessment and investigation of abuse within the Defence Forces. Her report was fairly damning, if we are to be honest. At the time in the House, members of the Opposition were unanimous in saying to me that I must accept the recommendations of the independent review group. In advance...

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: From my point of view - and the Deputy is also a former Minister - if an external oversight body wants to effect change, it has to engage with the Secretary General and ultimately with me as Minister. What is happening is that it is charged with producing reports. I have no hand, act or part in those reports.

Select Committee on Foreign Affairs and Trade, and Defence: Defence (Amendment) Bill 2024: Committee Stage (23 May 2024)

Micheál Martin: No, I do not actually. I do not ring up the chair, Brian MacCraith, which I could. He worked with me previously on the implementation board for vaccines during the Covid-19 pandemic. However, with respect to the effective working through of proposals, efficacy and such things, there is a logic as to why the Secretary General is on it. I can see why the judge made that recommendation. I...

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