Michael McDowell (Independent) | Oireachtas source

Section 11 provides for the insertion of the following as part of a new section 1A in the principal Act:

Without prejudice to the Defence (Amendment) Act 1990 and any regulations made thereunder, a member of the Permanent Defence Force shall not- (a) while in uniform or otherwise making himself or herself identifiable as a member of the Permanent Defence Force-

(i)make, without prior authorisation from the member's commanding officer, a public statement or comment in relation to a political matter or matter of Government policy.

I ask colleagues to consider the reference to a "matter of Government policy" in the context of commentary on wages. This provision is nothing to do with the later business about "without prejudice to the purpose of an association". There is no qualification here. A member of the Defence Forces, either in uniform or out of it, cannot comment on Government policy in regard to wages for the Defence Forces. The new section 1A further states that a member of the Defence Fores cannot attend any protest march or other gathering in respect of a matter of Government policy. This would mean, for instance, that members will be prohibited from attending protests about the closing down of some types of schools.

There is a flaw in the Bill in this provision. I will try to be constructive. The proposed section 1A(b) provides that members of the Permanent Defence Force shall not "canvass on behalf of, or collect contributions for, any political organisation or society". This means Independent candidates could have the whole of the Army canvassing and collecting money for them. The provision is badly drafted. I do not expect the Army to man the polling booths on behalf of Independent candidates for the National University of Ireland panel in Seanad elections.