Euromil, the European Organisation of Military Associations and Trade Unions, which represents 38 military associations in 23 European countries, has joined Irish military representative bodies, Raco and PDForra, in criticising the bill. Picture. Mark Stedman/RollingNews.ie
Groups representing military personnel have claimed new legislation will impose “gagging orders” on members of the Defence Forces, preventing them from openly criticising government policy.
The Oireachtas foreign affairs and defence committee has heard from military representative bodies on the Defence (Amendment) Bill 2023, with concerns raised that members of the Defence Forces will be precluded from publicly questioning or commenting on government policy.
Euromil, the European Organisation of Military Associations and Trade Unions, which represents 38 military associations in 23 European countries, has joined Irish military representative bodies, Raco and PDForra, in criticising the bill.
The groups said elements of the bill would make it unlawful for serving members to attend public demonstrations in or out of uniform.
Raco highlighted a line in the legislation saying members “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”.
Euromil president Emmanuel Jacob said that, under EU law, military personnel “are entitled to the same rights and obligations as any other citizens” and that members of the armed forces in Germany, Scandinavia, Belgium, the Netherlands, and Luxembourg are fully entitled to protest against government policies.
He said the proposed Irish legislation is “tantamount to a gagging order”.
PDForra general secretary Gerard Guinan said his association, which represents 6,500 personnel, “will not countenance simply unconscionable legislation” and will fight it in the courts if required.
The organisation says the Constitution provides the right for all citizens to assemble peacefully, as does the European Convention on Human Rights.
Mr Guinan told the committee that “the measures are designed to gag, or inhibit freedom of speech, undermine confidence and result in diminishing recruitment and retention figures”.
PDForra general secretary Gerard Guinan.
He said he had recently written a paper for Euromil expressing concern that “as tensions rise on the eastern flank of Europe that governments across Europe may seek to reduce rights or inhibit the role of representation” and added that it seems to be becoming to pass in Ireland.
Raco and PDForra both say they have been excluded from having representation on the ‘independent oversight body’ that will enforce the proposed legislation but that the Department of Defence secretary general will sit on the body.
Irish Congress of Trade Unions official Liam Berney described the proposed legislation as worrying and, if passed, he warned that it could be replicated by other State bodies.
“It’s a very dangerous thing, I don’t see any justification in this,” he added.
Raco general secretary Lieutenant Colonel Conor King described the legislation as “abhorrent.”
He said there had been no proper consultation on the bill and described the legislation as “unnecessarily draconian, repressive and restrictive,” adding that gardaí have not been subjected to the same measures.