Remove 'gagging order' from Defence Bill, recommends Oireachtas committee

The Defence Bill contains a controversial provision restricting the views of military representative bodies.

A controversial provision in a new bill restricting the views of military representative bodies should be removed or substantially amended, the Oireachtas committee on foreign affairs and defence has recommended.

The provision in the Defence Bill was described during committee hearings as a “gagging order” which union officials and military staff bodies feared would prevent them from commenting on Government policies.

In its pre-legislative scrutiny of the bill, the committee said the secretary general of the Department of Defence should not sit, as currently pertains, on the new oversight body for the Defence Forces. It said that if the secretary general was to be a member of the External Oversight Body (EOB), representatives of the staff bodies should be too.

The committee has submitted its report to Tánaiste Micheál Martin, who is minister for defence and for foreign affairs.

The committee held hearings with officials from the Department of Defence, the Defence Forces representative bodies PDForra and Raco, the Irish Congress of Trade Unions (ICTU), and the EOB.

It also received written submissions from the Association of Retired Commissioned Officers, the Law Society, and the Bar of Ireland.

On head 26 of the bill — prohibiting associations from commenting on a political matter, including Government policy or the policies of a minister — ICTU said it had been described as “tantamount to a gagging order”, which would hinder the associations representing their members.

'Unlawful'

PDForra general secretary Gerard Guinan said the provision would make it “unlawful” for associations to “express an opinion” on the merits of any policy of the Government.

He said the association has always understood restrictions “on comments of a political nature” but that the proposed law “goes far beyond that”.

Law Society director general Mark Garrett said the provision would “excessively limit” rights of representative bodies, and pointed out that there was no such restriction on Garda representative associations.

The committee said it was concerned the provision could have “unintended consequences” for free expression and assembly and recommended it be removed or substantially amended.

Regarding head 28, the Bar of Ireland said that while there was a legitimate interest in prohibiting individual members from “engaging in political activity”, the provision could cover events relating to their pay and conditions, even where they attended such events out of uniform.

The committee said it was “not clear” the provision was necessary, adding it “may be construed as being disproportionate” and recommended it be amended appropriately.

The committee also called for measures to “strengthen the autonomy and independence” of the EOB, including the power to conduct reviews without first seeking the permission of the defence minister. It also said the secretary general of the Department of Defence “should not be a member of the EOB” as it “risks calling into question” the independence of the body.