Irish Council of State examines defence bill

The Irish Council of State is meeting to consider the constitutionality of a defence bill.

The bill, which passed all stages in the Oireachtas “Irish Parliament) earlier in July, provides legal underpinning for a new oversight body in the Defence Forces.

President Michael D Higgins has concerns about two sections of the bill.

Others have warned that the proposed law could prevent them criticising government policy.

At the meeting President Higgins will ask the Council of State whether the Defence (Amendment) Bill 2024 should be referred to the Supreme Court.

This can be done if the bill or any of its provisions are thought to potentially breach the constitution.

Some military members have taken issue with the amendment that members of the Defence Forces “shall not question or express an opinion on the merits of any policy of the government or a minister of the government or on the merits of the objectives of such policy”.

Although the Defence Forces always stress the need for political impartiality, some members believe this would limit the ability of members to give an opinion to any political organisation, society or grouping.

The Council of State is meeting at the president’s official residence Áras an Uachtaráin.

After the meeting concludes, President Higgins will decide whether to refer the bill to the Supreme Court.

This has only happened 15 times in Irish history.

The government said the bill would modernise the Defence Forces and allow members to associate with trade unions.

The council was established to advise the president of Ireland in the exercise of many of his or her discretionary, reserve powers.

It can also provide for the temporary exercise of the president’s duties if these cannot be exercised by either the president or the Presidential Commission.

Members of the council include the taoiseach (Irish prime minister), tánaiste (deputy prime minister), judges, former presidents and other individuals selected by President Higgins.