Defence (Amendment) Act 2024

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Amendment of Defence (Amendment) Act 1990

24. The Defence (Amendment) Act 1990 is amended—

(a) in section 2—

(i) in subsection (1) by the insertion of “section 2A and” after “Subject to”,

(ii) by the substitution of the following subsection for subsection (3):

“(3) An association shall be independent of, and not associated with, any trade union or any other body outside of the Defence Forces.”,

and

(iii) by the insertion of the following subsections after subsection (3):

“(3A) The Minister may, notwithstanding subsection (3), authorise in writing an association to be associated with a trade union or any other body outside of the Defence Forces in such cases and in such manner and subject to such conditions or restrictions as he or she may specify.

(3B) The Minister may, subject to subsection (3C), by notice in writing vary or withdraw an authorisation under subsection (3A).

(3C) Where the Minister intends under subsection (3B) to vary or withdraw an authorisation, he or she shall give the association notice in writing of the proposed decision, stating the reasons.

(3D) A notice given under subsection (3C) shall state that, not later than 7 days (or such other period as may be specified by the Minister) from the date of the notice, the association may make representations in writing to the Minister in relation to the proposed decision to vary or withdraw the authorisation.

(3E) Where a notice has been given under subsection (3C), the Minister shall not make a decision whether to vary or withdraw an authorisation until—

(a) he or she has considered the representations, if any, made by the association in accordance with the notice, or

(b) the period referred to in subsection (3D) has elapsed and no representations are made by the association.

(3F) Where the Minister, having considered the representations, if any, made in accordance with the notice given under subsection (3C), decides to vary or withdraw an authorisation, the Minister shall give the association notice in writing of the decision and the reasons for the decision.”,

(b) by the insertion of the following section after section 2:

“Prohibited activities of association

2A. (1) An association shall not—

(a) call for or support industrial action in the Defence Forces or in any other body or other sector,

(b) encourage members to go on strike or engage in any strike action or any form of trade dispute or industrial action,

(c) encourage, directly or indirectly, members to go on strike, or engage in strike action or any other trade dispute or any industrial action by another organisation, trade union or person,

(d) encourage members to refuse to follow a lawful order to pass a picket line,

(e) encourage members to contravene their obligations under military law,

(f) endorse or support any official position taken, endorsed or supported by the Irish Congress of Trade Unions or other organisation, in support of any industrial action taken by any party, and

(g) without prejudice to the purpose of an association of representing members—

(i) make a public statement or comment concerning a political matter or matter of Government policy, or

(ii) encourage members to engage in public agitation, protest, lobbying or media commentary (including commentary by means of social media) concerning a political matter or matter of Government policy.

(2) Without prejudice to subsection (1), the Minister may, where he or she determines that an activity represents a risk to the security of the State, notify in writing an association or a representative of an association that it is prohibited from engaging in the activity whether or not that activity is specified in subsection (1) and direct it to refrain from or cease to engage in that activity.

(3) In subsection (1) ‘encourage’ includes request or otherwise support.”,

and

(c) in section 5 by the substitution of “in accordance with section 3 of the Defence (Amendment) Act 2006 ” for “otherwise”.