IRELAND’S council of state met in Dublin yesterday to discuss the constitutionality of the nation’s defence bill.
President Michael D Higgins convened his council at Áras an Uachtaráin “for the purpose of his hearing from the Council regarding the constitutionality of the Defence (Amendment) Bill 2024” his office confirmed.
It’s only the fourth time the President has done this since he took on the role in 2011.
He has previously convened the Council of State to consider the Protection of Life During Pregnancy Bill 2013, the International Protection Bill 2015, and last October to consider the Judicial Appointments Commission Bill 2022.
The bill, which passed all stages in the Oireachtas earlier this month, legislates for a new oversight body in the Defence Forces.
However, President Higgins reportedly has concerns about two sections of the proposed new laws.
One of these is believed to be section 11, which would restrict serving Defence Forces members from speaking out publicly against the Government or on political matters more generally.
Section 24 centres on prohibiting individuals who have served, either within the Defence Forces or Department of Defence, from being eligible for appointment as the Ombudsman for Defence for five years afterwards.
Following the meeting, the President will now “consider the views of the members of the Council before making a decision as to whether to sign the Bill or to refer it to the Supreme Court for a decision on the question as to whether the Bill or any specified provision or provisions thereof are repugnant to the Constitution or to any provision thereof” his office has confirmed.
Among those present at the meeting was Maurice Malone, CEO of the Birmingham Irish Association, who was appointed to the council in 2019.
Former Taoisigh Leo Varadkar, Enda Kenny and Bertie Ahern were also there, alongside former presidents of Ireland, Mary Robinson and Mary McAleese.
Current Taoiseach Simon Harris was also at the meeting, while apologies were sent by Tánaiste Mícheál Martin, Ceann Comhairle Seán Ó Fearghaíl and former Taoiseach Brian Cowen.