LAST UPDATE | 19 Jun 2024

A MILITARY GROUP has accused Tánaiste and Minister for Defence Micheál Martin of ignoring them and causing low morale in the Irish Defence Forces. 

Lt Col Conor King, General Secretary of the Representative Association of Commissioned Officers (RACO) has also accused the Department of a lack of engagement and consultation.

King also accused Martin of “lip-service” on a proposed legislative gagging order preventing them from commenting on Government policy.

In a statement tonight the Department of Defence has denied that the new Bill will diminish the rights of representative bodies.

Tensions are high between the military representative bodies, the Department of Defence and the Minister for Defence Micheál Martin over the legislation.  

RACO had strongly criticised a supposed gagging order on their ability to comment on Government policy. PDFORRA, which represents non-commissioned ranks, also had criticised the measure. 

The latest flashpoint has happened after Martin appeared before the Seanad yesterday and in discussions said that there was no scope to remove the supposed gagging order out of the new legislation. 

RACO has also strongly railed against the make-up of the External Oversight Body as laid down in the proposed bill. It would include the Secretary General of the Department of Defence Jacqui McCrum. It has questioned the independence of the committee on that basis.  

The External Oversight Body was a key recommendation out of the Independent Review Group (IRG) which compiled a report that looked at allegations of abuse in the ranks of the Defence Forces. 

RACO has come out strongly in regard to the supposed prohibition on comment on “Government policy”.

During a select committee appearance on 23 May last the Tánaiste said that he was considering removing the phrase from the bill.  

The Tánaiste said that he was prepared to consider the phrase ‘Government policy’.

“I reflected on this and asked the Attorney General for further advice on it. I have a general view that our Defence Forces, as a defence force in uniform, should not be engaging in or getting involved in [political matters],” he said.

He then added: “I am prepared to look at the views on the inclusion of ‘Government policy’ and to come back on Report Stage with an amendment”. 

Seanad debate

During an appearance before the Seanad yesterday to debate the Bill the Tánaiste appeared to row back on that and said that he does not believe it is a disproportionate measure. 

“Having considered the matter, I am strongly of the view that the provisions outlined in this section are proportionate to protect the apolitical nature of the Defence Forces. It is also important to provide clarity in primary legislation to that effect,” he said.  

This caused a reaction from RACO who strongly criticised the measure and the statement by the Tánaiste. 

“This Bill impacts the scope of representation and was drafted by the Department and submitted to cabinet by the Tánaiste and Minister for Defence (and approved) without any consultation with the Representative Associations,” King said in a statement.

Micheál Martin at an event in McKee Barracks. Alamy Stock Photo Alamy Stock Photo

King added that the group had raised the issue of the prohibition on commentary on Government policy and that it would make their roles “almost impossible”.

“Rather than doing us the courtesy of engaging with our associations on these key matters of concern to our members, we have had to watch developments in the Oireachtas while the Department and our Minister continues to ignore us.

“It is any wonder that morale in the Defence Forces is at such a low ebb? This type of lip service to representation in the Defence Forces is precisely why the Tánaiste’s assurances that his newly created prohibition on commentary on Government policy ‘will not change anything for the associations’ rings hollow.

“This is a retrograde step for freedom of expression in this country, and the whole episode has damaged relations with the Department and left our DF personnel feeling more demoralised than ever,” King added.  

Enlisted concerns

Mark Keane, the President of PDFORRA which enlisted members of the Defence Forces also criticised the move. 

“Pdforra is unhappy, disappointed with the most recent pronunciation with regards to this proposed gagging order.  We would urge the Tanaiste to consider the long-term impact of the decision he makes today.

“The future of the Defence Force’s and indeed Representation hinges on the course of action taken within this Bill. We within PDFORRA remain open to feedback and are adaptable to change.  The needs of the Defence Forces are dynamic, and our approaches as those of the Tanaiste and his Department must be flexible enough to address new challenges as they arise.

“This certainly isn’t the case with this proposed legislation. The road ahead calls for collaboration and innovative thinking. Together, we can build stronger and more equitable Defence force’s, where every individual has the opportunity to achieve their fullest potential,” he said.

A statement from the Department of Defence said: “The provisions set out in the Bill are based on very strong military advice from the Chief of Staff to codify such matters in legislation.

“The Defence Amendment Bill also clearly sets out that there is no change to the existing rights and obligations of military Representative Associations to represent their members.”