Council of State to examine laws around members of the Defence Forces speaking publicly

Will decide if President Michael D Higgins should refer bill to the Supreme Court

The purpose of the Defence (Amendment) Bill 2024 is to establish a statutory external oversight body for the Defence Forces.

The Council of State is to meet on Monday to examine whether laws prohibiting members of the Defence Forces from speaking publicly about political matters without authorisation is constitutional.

The council will consider if President Michael D Higgins should refer it to the Supreme Court for a final decision.

If he does, he could do so by Wednesday.

The purpose of the Defence (Amendment) Bill 2024 is to establish a statutory external oversight body for the Defence Forces, one of the key recommendations from the recent Independent Review Group on Dignity and Equality issues in the Defence Forces.

In particular, President Higgins has raised concerns about sections 11 and 24 of the bill. 

Section 11 would prevent serving members from speaking publicly about a political matter without permission from a commanding officer.

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Section 24 deals with prohibiting individuals who have served, either within the Defence Forces or Department of Defence, from being eligible for appointment as the Ombudsman for Defence for five years afterwards.

The council itself is comprised of ex-officio members, including the Taoiseach and Tánaiste, as well as former Government office holders and select appointed members.

Members of the council are set to give their own view on the legislation, while the President will then consider their recommendations before deciding whether or not to refer it to the Supreme Court.

This is the fourth piece of legislation President Higgins has referred to the Council of State.

Defence Forces representative bodies Raco and PDforra have previously criticised the bill.