Tom Clonan (Independent) | Oireachtas source

I am praising and not criticising her but her appointment compromises the perception of independence. If the Minister of State is not for changing on this point, I would strongly support, as a counterweight, allowing the representative associations, PDFORRA and RACO, similar representation on the external oversight body.

Before I was elected, I gave evidence as an expert witness in a case taken by a member of PDFORRA against the Attorney General and the Minister for Defence. That member was given an order not to attend an event where he might discuss Government policy or even hear arguments about Government policy. Mr. Justice Sanfey published his judgment on 14 May and made reference to freedom of speech and the concept of the citizen soldier.In his conclusion on orders, he states:

It was very clear to me that the case involved important points of principle from the point of view of both plaintiff and defendants. The issue of what members of the Defence Forces may or may not do off duty in relation to matters which might be deemed “political” is a difficult issue; however, it is an area which requires regulation by the Minister in a manner which takes account of the interests and sensitivities of all concerned.

The wording, as pointed out by Senators Wall and Gavan and everybody else here, that members of the Defence Forces in their capacity as members of the representative associations cannot comment on Government policy is overly restrictive. It reminds me of the definition of mutiny that was contained in the King's regulations, from which Defence Forces regulations were cut and pasted. As cadets, we were told that where two or more members of the Defence Forces gather to discuss terms and conditions, that constitutes mutiny, an offence which could awarded with the punishment of death, or any lesser award considered appropriate by our commanding officer.