Gerard Craughwell (Independent) | Oireachtas source

I welcome the Tánaiste back to the House. At the last meeting here his colleague and spokesperson on defence in the Seanad raised a very important issue.It related to members of a GAA club or credit union, for example, and the fact that, here it is required that they state their occupation, they would clearly be recognised and identified as a member of the Defence Forces. On foot of that interjection by Senator Wilson, I took independent legal advice over the last few days and I have that advice with me today. I want to share it with the Tánaiste. In asking him to accept the amendments we put forward today, we are protecting the human rights of the individuals who serve in the Defence Forces. The gagging order, as it has become known, was introduced in this Bill in order to prevent members of the Defence Forces speaking out, but it is on foot of a High Court case taken by Sergeant Martin Bright with respect to a protest that took place in Dublin city centre some years ago.

We are heading into dangerous territory by using a very blunt instrument to ensure that members of the Defence Forces can never participate in any form of protest. They cannot be engaged in lobbying. For example, if they were the director of a credit union, they might find themselves lobbying outside the gates of Leinster House, or if the credit union was sued, the person would be identified as a member of the Defence Forces because they have to give their occupation on the form. I do not want to take up a lot of time on this but I will share the legal advice and I want the Tánaiste to consider it. I am publishing my legal advice and I ask the Tánaiste to publish the Attorney General's advice if he has taken his advice, as is not an uncommon thing to do. It was done recently in the case where the Taoiseach published legal advice from the Attorney General.

I ask the Tánaiste to show me my advice is wrong because I do not believe it is. If he persists with bringing through this Bill as it stands, I believe it will be subject to judicial review in a very short time after it has passed because you cannot limit human rights. Our soldiers, sailors, airmen and airwomen are citizens of this State first and members of the Defence Forces second. They cannot be limited and tied down, left without a voice or disallowed from participating in what is normal, social interaction for every citizen of the State. I will leave it at that.