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Irish Times
10-07-2025
- Politics
- Irish Times
Unacceptable lack of consultation with Defence Force members over legislative reforms, committee hears
There has been an unacceptable lack of consultation by the Government with Defence Forces representatives around legislative reforms on the suspension and dismissal of officers, an Oireachtas committee has heard. Representatives 'remain very concerned by the loose, vague, and indeed subjective language' in the drafted Defence (Amendment) Bill 2025. The Bill establishes provisions for when an officer is under investigation by An Garda Síochána . 'It is unacceptable that legislation is drafted by our employers and sent to Cabinet without any consultation with supposedly valued stakeholders,' the general secretary of the Representative Association of Commissioned Officers (RACO) said. Lieut Col Conor King told the Oireachtas committee on defence and national security on Thursday that 'a lack of consultation and exploitation of our employer's dominant position is something we continue to encounter on a regular basis'. READ MORE The proposed Bill seeks to introduce a clause so 'an officer may, for any prescribed reason, be dismissed by the President'. 'This marks a shift towards a more open-ended basis for dismissal, with the criteria to be set out in future regulations rather than clearly defined in primary legislation,' Lieut Col King said. 'You can prescribe reasons, but you must prescribe them in detail,' he said. Lieut Col King said RACO recognised and accepted the need for the Defence Forces to maintain high standards and the capacity to address serious misconduct. However, he said 'the phrase 'any prescribed reason' is too broad [and] lacks the clarity and safeguards necessary to protect members from arbitrary or disproportionate action'. The Bill also seeks to allow for the suspension of an officer below the rank of major-general when 'it appears to the suspending authority' that public interest, national security, or the best interest of the Defence Forces 'might be prejudiced by allowing the officer to remain on duty'. 'Such phrasing lacks the thoroughness and rigour needed to protect members' rights to the presumption of innocence'. He said it 'opens the door to interpretation without robust oversight or even an appeal mechanism'. He recognised the need for reform in this area, saying 'there are no suspensions in the Defence Forces. There's local leave, there's special leave, gardening leave, there's 'don't come into the barracks'. But there's nothing on paper'. Suspensions could seem indefinite at times, he said, as investigations can last up to two years. 'Suspension, particularly in advance of due process, carries real consequences for an individual's mental health and professional reputation. The principle of 'innocent until proven guilty' must be protected.' References to officers accused of sexual assault were made throughout the committee hearing. The Bill also seeks to require an officer under criminal investigation by the gardaí or charged before a civil court to inform their commanding officer of this 'as soon as practicable'. It would also mandate the officer to 'keep his or her commanding officer informed of any significant developments relating to the charge'. RACO representatives said this was problematic as the onus is on the accused to inform about an investigation that the commander may not be aware is ongoing. The commander may be unaware as there is no formal data sharing mechanism between gardaí and the Defence Forces on these matters. This amendment would see 'a significant and unnecessary increase in total suspensions of members where lesser or more considered action would be appropriate', Lieut Col King said. This could include relocation within a barracks or a remote working option, during an investigation.
The Journal
10-07-2025
- Politics
- The Journal
Military union warns 'vague' Defence Bill could lead to 'unreasonable suspensions' for soldiers
A MILITARY GROUP has told an Oireachtas committee that new 'vague' Defence legislation could breach soldiers' rights to fair procedure and lead to 'unreasonable and protracted suspensions'. The Representative Association of Commissioned Officers (RACO) is appearing before the Joint Committee on Defence and National Security which is carrying out pre-legislative scrutiny of the proposed Defence Bill. So far invited speakers have focused on neutrality and new measures to deploy troops abroad, RACO is the first to address the changes to the workplace which will include powers of suspension and the summary dismissal of personnel. The group said, in its opening remarks this morning, that they have significant concerns about the drafting of the bill and a lack of consultation with them. It told the committee members that a conciliation and arbitration mechanism to raise their concerns is not fit for purpose and is 'unproductive' due to lack of resourcing and long delays in resolving issues. RACO said that it has 'little accountability' and has an 'inability to address the issue it was created to resolve'. The military group examined three draft heads of the Bill, dealing with suspensions of members, the dismissal of soldiers and how soldiers will be compelled by law to tell their commanding officers they are under investigation. These measures were introduced following high profile cases, including that of former soldier Cathal Crotty, who was found guilty of assaulting Natasha O'Brien in Limerick city. He was initially not imprisoned at Limerick Circuit Court but he was later jailed when the Director of Public Prosecutions appealed the case in the wake of it being raised in the media. Crotty was not suspended from the military as the Chief of Staff of the Defence Forces did not have powers of suspension. A report by Peter Ward, which was commissioned by then Minister for Defence Micheál Martin, found that there was an urgent need for a clear suspension policy to allow the military to impose suspensions in certain circumstances. The Bill proposes that it will grant powers to a 'designated authority' to suspend soldiers under the rank of Major General. This includes for reasons of in the public interest, national security or serious misconduct. This measure was introduced to the Bill after it emerged that there was no real power of suspension for the RACO in its address today said that it welcomes a suspension policy but has called for a greater degree of clarity in the provisions as set out in the Bill. Advertisement It said that: 'we remain very concerned by the loose, vague and subjective language in the current drafting'. 'Such phrasing lacks the thoroughness and rigour needed to protect members' rights to the presumption of innocence and opens the door to interpretation without robust oversight or even an appeal mechanism,' the group added. The garda use of suspensions has been heavily criticised by the Garda Representative Association and the Workplace Relations Commission, in a finding against An Garda Síochána, said that its process was a 'rubber stamp' exercise . RACO told the committee that the suspensions in advance of due process would carry 'real consequences' for an individual's mental health and professional reputation. 'The principle of 'innocent until proven guilty' must be protected—not just legally, but through fair process and proper supports. A balance must be struck between operational discipline and the dignity and safety of those who serve. 'We note that suspension is an embedded feature of many other public sector organisations and are aware of a concerning reported trend of seemingly endless, elongated suspensions without regular review or due process, where the suspension in fact becomes the punishment,' the group added. Dismissal RACO raised the issue of dismissal of officers by the President 'for any prescribed reason' – it said again this was too vague and wide ranging drafting which lacked precision. The group told the committee that it 'lacks the clarity and safeguards necessary to protect members from arbitrary or disproportionate action'. RACO also called for redrafting in regard to the new measure in which military personnel will be compelled to inform their commanding officer if they are under garda investigation. The issue is centred around the measure which would require them to keep that officer up to date on progress. It said there was no formal or informal data sharing mechanism between gardaí and the courts martial system. RACO warned that this meant there was no obligation on the investigating garda to keep the Defence Forces updated on the probe. It has recommended that the Head of the Bill be updated so that it is only necessary where a military member finds themselves arrested, interviewed under caution or charged by the gardaí. 'We respectfully contend that the draft Heads as they currently stand are overly vague (even for primary legislation), and lack crucial detail on appeals mechanisms, checks or balances which could lead to a wave of unnecessarily unreasonable and protracted suspensions. 'We suggest that more detail is required to ensure clarity and support for our members who will be required to operate and administer a suspension policy, and that essential safeguards are necessary for all Defence Forces members who may be the subject of suspension or indeed dismissal into the future, in keeping with the principles of natural justice and fair procedures,' RACO conclude. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
