A presidential spokesman stated that, after “careful consideration” of all constitutional and other aspects, Mr. Higgins signed the Defence Bill into law.
The Council of State met at Áras an Uachtaráin on Monday to assess the legislation regulating Defence Forces’ representative associations. They deliberated whether the Defence (Amendment) Bill 2024 should be referred to the Supreme Court to determine if specific provisions were unconstitutional.
President Higgins sought the council’s opinion on sections 11 and 24 of the Bill, focusing on whether the limitations on constitutional rights were disproportionate.
Section 11 restricts members of the Permanent Defence Forces from publicly commenting on political matters or Government policy while in uniform or identifiable as Defence Forces members, without prior authorization from their commanding officer. It also prohibits them from attending protests or canvassing for political organizations under the same conditions.
Section 24, while allowing the Defence Forces to associate with the Irish Congress of Trade Unions, forbids associated bodies like ICTU from encouraging industrial action within the military.
“President Michael D. Higgins, after careful consideration of all constitutional and other aspects of the Defence (Amendment) Bill 2024, and after reviewing all options available to him, has today signed the Bill,” a spokesman said.
“The president closely followed the Bill’s passage through both Houses of the Oireachtas and listened attentively to the debates and issues raised.
“He also considered the views expressed by the Council of State members during their meeting at Áras an Uachtaráin on Monday, July 15, concerning the Bill’s constitutionality, especially regarding two sections.
“When evaluating any legislation, the president must be mindful of Article 34.3 of Bunreacht na hÉireann, which states that no court can question the validity of any legislation following a presidential referral to the Supreme Court, and must consider the capacity of a potential litigant on fact-based rather than abstract grounds.
“The president’s decision to sign this legislation does not preclude any Defence Forces member or their representative association from challenging the Bill’s provisions in the future.”
The Council of State includes former Taoisigh Leo Varadkar, Bertie Ahern, and Enda Kenny, and current Taoiseach Simon Harris. Also in attendance were former chief justices' Susan Denham and Frank Clarke, former presidents Mary McAleese and Mary Robinson, Attorney General Rossa Fanning, activist Sinéad Burke, and Senator Jerry Buttimer.