President signs Government’s Defence Bill into law

By Cate McCurry, PA

President Michael D Higgins has signed the Government’s Defence Bill into law after it had been referred to the Council of State to discuss its constitutionality.

A spokesman for the president said having given “careful consideration” to all constitutional and other aspects of the Defence Bill, Mr Higgins signed it into law.

The meeting of the Council of State took place in Áras an Uachtaráin on Monday to examine legislation to regulate Defence Forces’ representative associations.

The Council discussed whether the Defence (Amendment) Bill 2024 should be referred by the president to the Supreme Court, on whether specific provisions are “repugnant to the constitution”.

President Higgins this afternoon convened a meeting of the Council of State at Áras an Uachtaráin for the purpose of his hearing from the Council regarding the constitutionality of the Defence (Amendment) Bill 2024. pic.twitter.com/Svoy64034k

— President of Ireland (@PresidentIRL) July 15, 2024

Mr Higgins asked the council about sections 11 and 24 of the Bill in particular, and whether the interference with constitutional rights is disproportionate.

Section 11 prohibits a member of the Permanent Defence Forces from making a public statement or comment in relation to political matters or Government policy while they are in uniform, or otherwise identifiable as a member of the Defence Forces, without prior authorisation from their commanding officer.

It would also prohibit them from attending a protest under the same circumstances and stop them from canvassing for a political organisation or addressing a meeting of such a society.

While Section 24 would now allow the Defence Forces to associate with the Irish Congress of Trade Unions, it would prohibit associated bodies like ICTU from calling for or encouraging industrial action within the military.

“President Michael D Higgins, having given careful consideration to all constitutional and other aspects of the Defence (Amendment) Bill 2024, and having considered all the options available to him, has today signed the Bill,” a spokesman said.

“The president followed the passage of this Bill through both Houses of the Oireachtas, and has listened carefully to the debate and the issues raised.

“The president has also considered the views expressed by the members of the Council of State at the meeting convened at Aras an Uachtarain on Monday July 15, regarding the constitutionality of the Bill, in relation to two sections in particular.

“When considering any piece of legislation, the president must be cognisant of Article 34.3 of Bunreacht na hEireann, which provides that no court can question the validity of any legislation following a referral by the president to the Supreme Court, and the capacity of a putative litigant on a fact-based rather than abstract grounds has to be taken into account.

“The president’s decision to sign this legislation thus does not close off any actions sought by any member of the Defence Forces, or their representative association, to challenge the provisions of the Bill in the future.”

Those who sit on the Council include former taoiseachs Leo Varadkar, Bertie Ahern and Enda Kenny, and Taoiseach Simon Harris.

Former chief justices Susan Denham and Frank Clarke also attended, as well as ex-presidents Mary McAleese and Mary Robinson.

Attorney General Rossa Fanning, activist Sinead Burke and Senator Jerry Buttimer are also members.