Gerard Craughwell (Independent) | Oireachtas source

The new subsection (1A) states:

"(1A) Without prejudice to the Defence (Amendment) Act 1990 and any regulations made thereunder, a member of the Permanent Defence Force shall not— [...]

(c) address a meeting of a political organisation or society.”.

They can attend because they are not specifically barred from attending. That is one of the issues.

My colleague, Senator McDowell, brought up one of the most interesting issues regarding this Bill. He brought up a gay person who is a member of a community or committee and a member of the Defence Forces. It is not that terribly long ago since members of the Defence Forces, unlike any other military in the world that I am aware of, were encouraged to march down O'Connell Street in Dublin and various other streets in the country wearing their uniforms and wearing Pride memorabilia or insignia on that uniform. There is a specific Defence Forces Act or regulation that makes it illegal to desecrate one's uniform but it was done and for all the right reasons. I mention the judgment by Mr. Justice Sanfey.Mr. Justice Sanfey talked about the prohibition of Sergeant Bright, describing it as a complete ban. It made no attempt, he wrote, to differentiate between the various levels of involvement in the event that were possible, from mere attendance to involvement in the organisation of the event, and no indication of why mere attendance in civilian clothing would have been unacceptable was given. He said that no indication or consideration had been given by the general staff to members who would have wished to attend the event, even if they were not participating in it. He went on to say that in his view, it was a blunt instrument that went further than necessary, and that there was no indication that the nature of the event had been considered. What happened was that an order came down from the general staff telling members not to attend, and that was it, end of story.

I served in not one but two armies, and I knew my place. I knew I could not speak out on political events. I have never known a soldier to get involved in the political arena. I have never known a soldier to push himself or herself beyond what were reasonable bounds. Here was a man who wanted to attend a respect and loyalty parade that was about pay for the Defence Forces. If we go to the nth degree in what the Tánaiste is trying to bring in today, RACO and PDFORRA are both political organisations. To be a member of the executive committee of either, members have to go through a campaign and be elected. They are political organisations, there to lobby on behalf of their members. At the end of the day, is it possible that if I, as an executive member of RACO, were to go to the annual conference, stand up and in some way criticise Government policy, I would then be in breach of this? The Tánaiste will tell me today that I would not be, but I would have to live with the commanding officer, who lives by black and white regulations.

Senator Wilson's argument was brought up last week. I am surprised he brought it up here. Did he not speak to the Tánaiste before he came here? Clearly, the Senator was aware there was a problem here, and I wonder whether it did not come up in conversation at their own party meeting. Why is it coming up today? It is a sledgehammer to crack a nut. There is absolutely no need for this. I assure the Tánaiste, as sure as I am standing here, that the Bill will end up being judicially reviewed because it is taking away rights, whether he likes it or not. In the Bright case judgment, it is clear that rights had been taken away. There are European Union human rights and our own human rights in this country. Freedom of assembly and so on are built into our human rights. We cannot gag an entire organisation. Our Defence Forces' members are great people in local organisations and local committees. I could bring the Tánaiste to Killester, just 2 miles from here, where a group is headed up by a private soldier. The Tánaiste should see the work they do. It is just amazing. Is that man now to be gagged? Everyone knows he is a soldier. He lobbied hard to build his community and build things for his community, but everybody knows who and what he is.

It is absolutely heartbreaking to see this being rammed through today. I really wish the Tánaiste would pause at this stage, go back and rethink where we are. He will drive people underground. People will go underground to find ways around this and that is not in the normal cut of soldiers. Soldiers like to do things. They like to be involved. The Tánaiste lives in Cork, where there are both the naval base and Collins Barracks. He had a relationship with them himself in his younger days. Soldiers like to be engaged in their communities. They like to give leadership. If we silence them, what are they to do? Will they say they cannot be a member of a committee because they are not allowed to speak publicly, or that they cannot attend a meeting for the same reason?