Military representatives worry new Bill will prevent them criticising Government policy on recruitment

Military representatives have raised “serious concerns” about a new piece of legislation they believe will prevent them criticising Government policy regarding recruitment and retention with the Defence Forces.

The Defence (Amendment) Bill 2024 was drafted to give effect to the Government’s decision to allow the military representative groups to associate with the Irish Congress of Trade Unions (Ictu) and engage in some limited trade union-type activity.

The two main groups, the Representative Association of Commissioned Officers (Raco) and the Permanent Defence Force Other Ranks Representative Association have long campaigned for Ictu association.

The Bill also contains strict limitations on the activity of representative groups, including a ban on strikes or other industrial action and a prohibition on refusing to follow orders to cross picket lines.

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The most controversial aspect of the Bill is a proposed ban on public statements, questions or opinions on the merits of a government or minister’s policy. Public comment on any “political matter” would also be banned.

The law would also ban associations from encouraging members to engage in “public agitation, protests, lobbying or media commentary of any kind against Government policy”.

Military representative associations traditionally are not permitted to publicly criticise Government policy on operational matters, such as troop deployments or overseas missions. However, representatives have typically been free to criticise policies directly impacting industrial conditions such as pay, allowances and working conditions.

In a communication to members last week, Raco leadership said it has “serious concerns” about the restrictions. It said the proposals would result in the “practical suppression of employee voices in the Defence Forces”.

“The Department of Defence appears to be making itself immune to constructive criticism in the face of failing recruitment and retention policies,” it said.

Raco warned members “effective representation” within the Defence Forces is “practically finished” if the amendments are allowed stand.

The matter was raised last week during pre-legislative scrutiny of the Bill by the Committee on Foreign Affairs and Defence.

Senator Gerard Craughwell asked Department of Defence officials why they felt the provision was necessary. Claire Tiernan, the department’s assistant secretary for defence capability said it was not the intention to place any new restrictions on representative associations and that the Bill simply continued “what is already there”.

Mr Craughwell said the Bill could be interpreted as a “gagging order” on representatives which would prevent them hosting annual conferences.

As well as regulating defence representative activities, the new Bill also provides for an external oversight body to monitor allegations of abuse within the military, as recommended by the recent Independent Review Group report concerning the “Women of Honour” allegations.

Once enacted, the legislation will also criminalise the use of the title Óglaigh na hÉireann by any group other than the Defence Forces. The provision was included following a Private Member’s Bill from Fianna Fáil senator Malcolm Byrne to prevent republican paramilitary groups using the name.

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