26-05-2025
New Defence Bill: Suspensions of military personnel and raft of provisions for foreign missions
THE BILL FOR new defence legislation allowing for the suspensions of military personnel under investigation by gardaí and the scrapping of the Triple Lock has been published.
The
General Scheme of the new Defence (Amendment) Bill 2025
was published last week by the Government.
The 41 page document outlines the changes to the statute governing how Defence Forces personnel are deployed on foreign missions, interact with international organisations and how discipline is dealt with across the military.
The proposed legislation will begin its legislative scrutiny this Thursday and it is expected to be passed through the Oireachtas by the summer recess.
Suspensions
One of the key measures to be introduced is around how military members can be suspended from service by the Chief of Staff if they are under investigation.
This solves an issue around enlisted members and officers who are in trouble with civilian authorities – including in cases where they are charged, but not yet convicted of a serious criminal offence.
It also obliges personnel to tell their commanding officer if they are under investigation in connection with a criminal offence. They must also keep that officer informed of the progress of the investigation.
The law provides for the Minister for Defence to make regulations around suspensions.
The lack of a legal basis for suspensions was
identified in the Ward Report
. A temporary fix was identified in which soldiers would be placed on leave. This new power, similar to that of the garda commissioner, would be used by the leader of the military.
Peter Ward, a senior counsel, was commissioned by the Government in the wake of the
Cathal Crotty case
. Crotty was a soldier who was convicted of a serious assault on Limerick woman Natasha O'Brien.
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There was another case identified by
The Journal
in which a naval service member was not dismissed after an
assault conviction
.
The Ward report identified that there was a problem of military personnel not telling their commanding officer that they were before the courts or under criminal investigation.
The Ward report had identified that there was a problem of data sharing between State entities such as gardaí and the courts service.
Triple Lock axed
The new Bill would also codify how Irish troops are deployed – removing the so-called Triple Lock measure which only allows deployment of troops if the UN Security Council makes a resolution and that this must be matched by Government approval and a vote of the Dáil.
It would end that and introduce a new system where the Government decides if the mission fits the UN Charter and in general international law. It would then be sent to the Dáil for a vote.
A number of provisions look at the Defence Forces involvement with foreign operations, training missions and liaisons with military orientated foreign groups such as the United Nations, European Union and the Organisation for Security and Co-operation in Europe (OSCE).
The Bill defines an 'international force' as a body established, led or controlled, the UN, OSCE, EU or other regional groups.
While NATO isn't specifically identified in the Bill there is a subsection which states 'any other regional arrangement or body'.
One of the key provisions is that it will increase automatic despatches of troops from 12 personnel to 50.
The Journal
understands one example of this is the deployment of a team of Army Ranger Wing (ARW) operators and their support staff on hostage rescues or close protection duties.
In the past the ARW has provided security at embassies and there is a provision in Head Seven which makes this possible – it is understood that Military Police are also being considered in the military for this role. The Bill also said that Irish troops can take part in counter narcotics operations and participation in training or in sporting events.
The Bill states that any international force the Defence Forces is participating in would be for the 'purposes of peace-keeping, conflict prevention, and strengthening international security' – it would have to be consistent with the principles of the UN Charter.
The force, the Bill states, will 'contribute to the maintenance of international peace and security'.
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