President Michael D Higgins will convene a rare and unexpected meeting of the Council of State to examine the potential constitutionality of a new bill criticised for potentially blocking Defence Forces personnel from making public remarks of a political nature.
In a statement this evening, a spokesperson said President Higgins has asked for a meeting of the Council of State on Monday afternoon at Áras An Uachtaráin.
The meeting - one of only four examining a bill in the past decade - has been organised to examine the Defence (Amendment) Bill 2024.
While Government say the Bill is needed, it has been criticised by opposition politicians during recent Dáil, Seanad and Oireachtas committee debates.
This includes criticism from Independent TD Cathal Berry and Independent senator Michael McDowell, who have said it is draconian in nature.
Although it is unclear what specific concerns the President, they are understood to relate to Section 11 of the Bill.
This part of the Bill says a defence forces member may not without prior authorisation:
- comment publicly on a political issue
- on Government policy
- attend a public protest
- or attend a meeting of a political party
The meeting of the Council of State is understood to be examining whether these points are unconstitutional due to their potential impact on an individual's right to free speech.
The Council of State examines whether a bill should be sent to the Supreme Court, at which point the Supreme Court decides if it is constitutional.