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

Micheál Martin: -----the implications of which we need to think through very carefully in the interests of the members themselves. Every member of the Defence Forces has a political view and is entitled to it. Those members probably appreciate the clarity of the current situation in terms of their position. In some respects, a free-for-all scenario could create difficult challenges down the road.

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

Micheál Martin: I will reflect on the amendments that have been tabled. I want to be honest with the members as well, as I said, around Government policy. I will make the point that there is an impression garnered about this. The Defence Forces representative associations, to be fair to them, will try to extend. This is progress for them, insofar as it statutorily provides for association with ICTU....

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

Micheál Martin: On commentary, we have never had a situation in this history of the State where individual members of the Defence Forces comment as members of the Defence Forces on public policy, Government policy or, indeed, political matters generally.

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

Micheál Martin: Yes, shall not "encourage members".

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

Micheál Martin: I referred to Defence Force DFR S.6. On communication with media, etc., where there is a whole section dealing with communication with the media, the regulations state "No public statement or comment concerning political matters shall be made by the Association". As it is, it is quite restrictive.

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

Micheál Martin: Let us take international relations.

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

Micheál Martin: It is no less important.

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: 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...

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