The proposals set out in the General Scheme of the Defence (Amendment) Bill 2023, to prohibit the Defence Force Representative Associations from making a public statement or comment concerning a political matter, is already provided for in Regulation, namely the Defence Force Regulation (DFR) S.6, which states that “No public statement or comment concerning a political matter shall be made by the Association”. This position was also confirmed as part of the terms of the 2022 High Court settlement with the Representative Associations in connection with temporary associate membership of ICTU.
It is important to note that Representative Associations are entitled to comment on the impact that a particular policy is having on its members. Under Defence Forces Regulation DFR S.6, regulation 27 (2), a Representative Association can comment on all matters that fall within the scope of representation of the Association, as set out in the Third Schedule to these regulations. This will not be altered by the Defence (Amendment) Bill.