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

Micheál Martin: I am saying there are Defence Forces regulations which are-----

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

Micheál Martin: Yes, they derive from the Acts.

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

Micheál Martin: I think we need to have clarity. We have to be upfront about it. Deputy Howlin started off this debate well by going back to the fundamentals. We all desire to respond positively to the submissions we get but, as a State, we need clear demarcation lines and clear basic principles that govern how the Defence Forces operate and the relationship between that and our political system. That is...

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

Micheál Martin: We take views from the military in respect of all legislation. As per the Act, the Chief of Staff is there to advise.

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

Micheál Martin: Management. They would have views on this, such as the Chief of Staff, obviously.

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

Micheál Martin: No, we are seeking views prior to finalising legislative decisions. The Chief of Staff is, under the Act, an adviser to the Minister of the day, so-----

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

Micheál Martin: No, that is not circumscribed by this at all. The prohibition of the military right to strike is fundamental to the maintenance of military discipline, guarantees the provision of defence and secures the other services of the Government, and clear and specified provision must be made in legislation under the Defence Forces regulations to guarantee the availability of military capabilities to...

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

Micheál Martin: They do.

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: I was taken aback by something the Deputy said earlier. For the proper conduct of any state, what has stood Ireland in strong stead has been, generally speaking, the apolitical nature of our public service.

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

Micheál Martin: The Deputy seems to be suggesting, however, that we are evolving into some looser concept of that and that it should be okay if people air and articulate their public views. I would argue-----

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

Micheál Martin: If we had Secretaries General turning up here, there and everywhere-----

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

Micheál Martin: No, but I want to cut to the-----

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

Micheál Martin: There is a bit of fluffiness going on here. Everyone wants to appeal to everybody out there, be popular and do what we think is nice and all of that, but the bottom line is-----

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

Micheál Martin: I just want to make a point, through the Chair.

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

Micheál Martin: I am not saying the Deputy's motives are base. I just think there is a general sort of-----

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

Micheál Martin: There is an element of this-----

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

Micheál Martin: -----if we are honest.

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

Micheál Martin: The Deputy suggested that the Defence Forces would have a lesser code of conduct than even the Civil Service. The apolitical nature of the public service has been critical to the success of the State. We do not want to be where other states have ended up. In the modern era-----

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

Micheál Martin: The Deputy should let me make my few points generally about why this necessary, or at least a framework around it is necessary. Let us not pretend we can be all things to all people. We cannot be. People are generally saying we agree with some code-----

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