On 14 May, the High Court held a ban preventing active members of the Irish Defence Force from participating in peaceful protests and demonstrations to be unconstitutional. The ban, which took the form of an order, was issued on 29 August 2018 and stated that attendance at any unofficial “parades or protests” in or out of uniform was “NOT compatible with military service”. The plaintiff, acting Sergeant Martin Bright, brought the case after he was unable to attend a demonstration held by the “wives and partners of serving members of the Defence Forces” to protest the “conditions of service of members of the Defence Forces”. Sgt Bright had intended to attend the protest out of uniform and while off duty but interpreted the order as he was not allowed to attend. In his action, he claimed that his Article 40.6° constitutional rights (freedom of speech, assembly, and association) were violated by the order.
In finding that Sgt Bright’s rights had been violated, the Court stated that the order “was a ‘blunt instrument’ which went much farther than necessary. There is no indication that the nature of the…events was considered.” However, the Court did acknowledge that the rights of active Defence Force members cannot be protected to the same extent as those of civilians. The judge stated, “The issue of what members of the Defence Forces may or may not do off duty in relation to matters which might be deemed ‘political’ is a difficult issue; however, it is an area which requires regulation by the Minister in a manner which takes account of the interests and sensitivities of all concerned.
The judgement was met with satisfaction by the Permanent Defence Force Other Ranks Representative Association (PDForra). General Secretary Gerard Guinan said, at PDForra’s annual conference, “We’re happy that it vindicates what we believe to be the rights of members of the Defence Forces to peaceful assembly”. PDForra has also opposed parts of the Defence (Amendment) Bill 2023 which they claim will negatively affect the constitutional rights of members of the Defence Forces. PDForra hopes that this judgement indicates that change is coming.
Click here for the judgement in Bright v Minister for Defence & Ors [2024] IEHC 289