Tue May 14 2024 - 15:17

 

The ban on members of the Defence Forces from attending public protests has been found by the High Court to be in breach of their constitutional rights.

The decision was welcomed by representative body PDForra, which said it raised important questions regarding proposed changes to the legislation governing the conduct of members of the Defence Forces which is currently before the Oireachtas.

In a decision issued on Tuesday, Mr Justice Mark Sanfey found Martin Bright, an acting sergeant in the army seconded to PDForra where he is currently deputy general secretary, has established his constitutional rights had been breached by the order.

That order prohibited all Defence Forces members from attending a demonstration at Merrion Square on September 19th, 2018 organised by the “wives and partners of serving members of the Defence Forces” to protest “conditions of service of members of the Defence Forces”.

Sergeant Bright said he had intended to attend the event “while off-duty, and in civilian attire” but had not in the end due to uncertainty over the application of the order which had been issued in August and appeared to apply to all protests.

He had, he said in evidence, sought clarification on the issue and an exchange of letters with the Department followed but he did not obtain the clarity he had sought.

In his action taken against the Minister for Defence, Ireland and the Attorney General, Sergeant Bright claimed the order breached his rights “of free expression, assembly and association″.

In his 92 page decision, Mr Justice Sanfey said:

“The issue of what members of the Defence Forces may or may not do off duty in relation to matters which might be deemed ‘political’ is a difficult issue; however, it is an area which requires regulation by the Minister in a manner which takes account of the interests and sensitivities of all concerned”.

He said he would list the case for mention on May 31st to allow for consideration of the issue of costs.

Welcoming the decision, which PDForra believes has implications for changes to regulations contained in the Defence (Amendment) Bill 2023, the organisation’s general secretary Gerard Guinan said it highlighted the need for further consultation on the issue.

“We welcome the judgment,” he said at the organisation’s conference in Co Cavan. “We’re happy that it vindicates what we believe to be the rights of members of the Defence Forces to peaceful assembly. We would welcome engagement further engagement with the department and with the Minister on the changes being considered.”