Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I thank the Senators for the amendments, which relate to sections 11 and 24. I make the fundamental point that section 11(1A)(a) contains the phrase "while in uniform or otherwise making himself or herself identifiable as a member of the Permanent Defence Force". If a member of the Defence Forces turns up at a school as a parent and does not indicate that he or she happens to be a member, there is nothing stopping that parent from saying he or she thinks there needs to be a school extension or whatever. Nothing in the Bill stops that. That is important. As stated, the phrase is "while in uniform or otherwise making himself or herself identifiable as a member of the Permanent Defence Force". We discussed this matter at length in the Dáil.

I genuinely understand the concerns that Senators have but I reiterate that nothing in this Bill will interfere with the statutory purpose of the military representative associations to represent their members. For example, with regard to housing for members of the Defence Forces, it is quite legitimate for PDFORRA or RACO to advocate on behalf of their members for housing. I have responded quite positively with new accommodation blocks in Haulbowline and various barracks around the country. We just opened a new block in Collins Barracks. Good work was done in respect of McKee Barracks as well. That work will continue. In fact, there will be a proper, comprehensive master plan for physical development at every location from now on.

Paragraph (g) of the proposed new section 2A to be inserted into the Defence (Amendment) Act 1990 clearly provides that the provisions on the making of public statements or comments are "without prejudice to the purpose of an association of representing members". I want to be clear that this is not a gagging order. Representative associations can speak on any matter that relates to their members and can advocate for their members.

The overall provisions are fundamentally about the importance of an apolitical defence force. I take the Senators' point that we have been well served since the foundation of the State in having Defence Forces that are apolitical. That is important. I would argue that it protects the members of the Defence Forces. Everyone knows the rules when they join. We are providing clarity to that effect in primary legislation. These provisions are not new in the sense that the Defence Act 1954 and the oaths taken by Defence Forces members have always provided for restrictions with regard to political activities. To be clear, the legislation is not seeking to diminish existing individual rights or the rights of the representative associations. In the case of an individual, nothing in this legislation will, for example, prevent private citizens from speaking at a local primary school meeting simply because they happen to be members of the Defence Forces, provided they are not in uniform or otherwise make themselves identifiable as members of the Defence Forces. That is currently the case, and there is no change in the policy. We are setting out these principles in primary legislation for clarity.

I have consistently said during the debate on this Bill that these provisions fully reflect both legal advice and strong advice provided on the matter by military management. I have received advice from military management in respect of this. I think Senators all agree on the importance of visibly apolitical Defence Forces and the perception of that. We cannot minimise that, particularly in the current geopolitical environment whereby the world is much different than it was two or three decades ago. The provisions set out in section 24 in respect of associate membership of ICTU for Defence Forces representative associations are a welcome and positive development. That is the context. This provides for association with ICTU. For the first time, there will be a mechanism in place to enable Permanent Defence Force representative associations to avail of associate membership of ICTU. That is the context that should be remembered with regard to these provisions.

I have reflected on this a great deal between the different Stages. I believe it is necessary and proportionate. On the language, I think Government policy is definable. A political matter-----