Legal challenge to ban on soldiers joining marches

By Sean O’Riordan

The association which represents the bulk of the Defence Forces will today lodge papers in the High Court seeking to challenge military law which prevents soldiers, sailors, and aircrews joining public marches.

PDForra is seeking to exercise its rights under Article 11 of the European Convention on Human Rights for ‘Freedom of Association’.

The initiation of legal action followed a declaration by military authorities that attendance of Defence Forces members at parades was inconsistent with military service.

Defence Forces members were informed of this prior to last week’s Parade for Respect and Loyalty.

Hundreds of retired servicemen and families of serving Defence Forces members attended the parade in Dublin, which culminated in petitions for better pay and conditions for military personnel being handed to a number of party leaders outside the Dáil.

It was organised by a retired regimental sergeant major and the lobby group Wives and Partners of the Defence Forces.

The Irish Examiner understands that PDForra had been engaged in correspondence through its solicitor with the Department of Defence in the days leading up to the parade, but was unable to gain clarity about the department’s attitude to the European Convention.

A PDForra spokesman said if serving personnel had attended they may have faced charges. These could have included offences such as disobeying the order of a superior officer, conduct to the prejudice of good order and discipline, and incitement to disaffection

, amongst others

.

“The Irish courts have recognised the general principle that members of the Defence Forces enjoy the same constitutional rights as ordinary citizens and that such rights cannot be abrogated by citizens simply becoming members of the Defence Forces,” said the spokesman.

Martin Bright, deputy general secretary of PDForra, will initiate the legal challenge at the High Court today.

“The association is hopeful that the action undertaken by Mr Bright will bring some degree of clarity to members of the Defence Forces regarding their human rights,” the PDFORRA spokesman said.

His association won a landmark case last June when the High Court ruled a female soldier couldn’t be excluded from the Organisation of Working Time Act, 1997. She is to be given annual leave she lost in 2015 and an ex-gratia sum in compensation as a result of the decision.

PDForra’s solicitors are preparing to take a further 30 cases to the High Court under this legislation.