2026-05-13

I move: That Standing Order 194 is modified in accordance with Standing Order 241(2) to provide that it be an instruction to the Select Committee on Justice, Home Affairs and Migration, in relation to the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026, that the Committee has power to make amendments to the Bill which are outside the scope of the existing subject matter of the Bill in order to make amendments to the Defence Act 1954, in order to provide for certain powers of the Defence Forces in relation to: a) safeguarding, protecting and defending the security of the State by the Defence Forces in certain circumstances arising in the territorial sea or internal waters of the State or where there is a risk to the sovereign rights and jurisdiction of the State in the exclusive economic zone; b) the deployment of members of the Defence Forces in aid of the civil power; and c) the protection of military installations by the Defence Forces; and to change the title of the Bill and make other consequential amendments required to take account of the changes above. I thank the House for the opportunity to discuss this motion to include relatively short but important amendments to the Defence Act 1954 on Committee Stage of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill, which is scheduled for 19 May. I am progressing these amendments as a matter of urgency as it is a priority for me and all of us to ensure that the Defence Forces have the powers they need to respond to emerging threats in our waters, especially from vessels linked to the Russian shadow fleet. We are all concerned about the threats they present to our critical underwater infrastructure which provide vital support for our energy and communications sectors. I am also conscious, with our upcoming Presidency of the European Union, that I want to ensure we have the necessary provisions in place to respond to these threats, including clarity on the use of force by members of the Defence Forces. The purpose of these amendments to the Defence Act 1954 is to help to protect and defend our territorial seas and internal waters and protect the sovereign rights of the State in our exclusive economic zone; to make provision for the long-standing role of the Defence Forces in aid of the civil power; and enhance the protection of military installations. The maritime security-related amendments are particularly relevant in today’s increasingly volatile geopolitical situation, which is resulting in new and evolving threats in the maritime domain. We need to make sure we are able to respond to these threats as they emerge. This includes providing the Defence Forces with the specific necessary legislative tools they need to protect our critical undersea infrastructure. As an island nation we are reliant on this critical infrastructure. Many major undersea cables land on our shores, come across the Atlantic and transit through our exclusive economic zone. They carry significant amounts of global Internet traffic and financial data. From an energy perspective, they are absolutely critical for us. Our energy sector is heavily supported by subsea gas pipelines and electricity interconnectors. This infrastructure is vulnerable to hybrid threats, as it is in any other ocean. In broad terms, this legislation will provide the Defence Forces with stand-alone statutory powers that will include the power to use force that is reasonable, proportionate and necessary in order to safeguard, protect and defend the security of the State in the maritime domain. This is to ensure they have stand-alone statutory powers. At the moment, they are working to other legislation from other Departments. In practical terms, this proposed legislation will allow, for example, the captain of one of our State’s naval ships to have the power to hail, board, search, re-direct or otherwise frustrate and delay those ships suspected of engaging in non-innocent passage in the seas around our island. The proposed legislation also provides for the Chief of Staff to provide guidance on the exercise of these new powers. This guidance will, of course, be developed with the consent of the Minister, where appropriate, in consultation with the Department of Foreign Affairs and Trade insofar as the guidance relates to the application of international law at sea. Let me also make it clear that these legislative proposals do not provide for any prosecutions, arrests or detention of vessels. I have asked my Department to undertake a comprehensive review of all maritime security-related legislation that is envisaged as part of the new national maritime security strategy that I launched at the end of February, and I will bring forward further legislation in this space if it is required. I am bringing this forward now because I believe it is important we have specific legislation for the Defence Forces enacted as soon as possible. I am satisfied that this legislation is proportionate and that it will address the urgent needs of the Defence Forces when they are carrying out operations at sea. I also think it is important we have these legislative amendments in order that we can respond to other potential challenges with our naval fleet, particularly with the shadow fleet when it comes to an environmental challenge. Let me now turn to the other defence-related amendments. The proposed new section 40B of the Defence Act 1954 will make express provision in primary legislation for the long-standing role of the Defence Forces when they assist An Garda Síochána, which is referred to in the Defence Acts as the aid to civil power. This new section sets out the legislative framework under which members of the Defence Forces may be deployed in aid to civil power. It also clarifies that a member of the Defence Forces deployed in the aid to civil power is authorised to use such force as is proportionate, necessary and reasonable when deployed on such duties. This is a necessary provision to clarify the powers of a member of the Defence Forces in such circumstances. It is important to note that there is ongoing and continuous close liaison between An Garda Síochána and the Defence Forces regarding security matters, including aid of civil power deployments. In any given year there can be in excess of 3,000 aid of civil power operations. These range from explosive ordnance calls to cash-in-transit escorts. The new section 40B of the Defence Act 1954 will replace existing provisions concerning aid of the civil power as set out in Defence Force Regulations. Finally, the proposed new section 40C of the Defence Act 1954 sets out the powers that may be exercised by a member of the Defence Forces for the protection of military installations. There will be an opportunity for detailed engagement on the text of the amendments on Committee Stage. I would appreciate Deputies' support on progressing these important amendments to the Defence Acts as expeditiously as possible. I commend this motion to the House.

I am used to dealing with the Minister for justice and I am used to dealing with convoluted ways of dealing with matters. There is clearly a habit of limiting democratic oversight and scrutiny of this House in announcing and bringing forward proposals at short notice; minimising the period of time for debate; guillotining important legislation; and moving things from committees to this Chamber rather than allowing the detailed scrutiny of legislation. However, this is probably the most bizarre stroke pulled yet, where we have a Criminal Law and Civil Law (Miscellaneous Provisions) Bill that is dealing with a myriad of issues. There was already quite an amount of criticism from many stakeholders that a number of very distinct issues were in a single piece of legislation, and then we find out on a Monday that Government is actually bringing forward an additional change in the law that has nothing to do with criminal law, nothing to do with civil law and nothing to do with Jim O'Callaghan's Department at all, but is actually a defence amendment. I hear what the Minister is saying. We are blaming the need to move this in at short notice on Russia apparently. There would be openness from all sides of this House to ensure our Defence Forces had the powers necessary for the safeguarding, protection and defence of the State, particularly in respect of maritime security, if it was done in the right way, but I suspect the reason this Bill is being brought forward in this manner at this time is not just for that. To get to the crux of this, people might be interested in part of the motion that is being brought before the House. It states that the Minister may, subject to conditions, give general approval for the deployment of a member of the Defence Forces in aid of the civil power for such classes or class of assistance as may be agreed with the Minister for Justice, Home Affairs and Migration. Does that sound familiar to anyone? It sounds familiar to me. I think people will automatically remember that, during the fuel protest, rather than de-escalate tensions, the Minister, Deputy O'Callaghan, inflamed what was a volatile situation with his comments threatening to deploy the Defence Forces. It was the first time in the history of the State that the Army had been used as a threat against the Irish people by a Government. The Government have refused point blank to acknowledge just how insulting and angering that was and how those comments inflamed a situation and brought people to protests. When I attended protests to do what Fianna Fáil and Fine Gael refused to do and actually listen to people, I heard time and again that it was those comments more than anything else that had spurred people to action. When I was at the Galway protest, for example, with Mark Lohan and Mairéad Farrell, several people told me they were spurred to action because people who were protesting against the costs they were enduring and the pressures they were under were being threatened in that way. It now appears clear to me that, having learned nothing from the mess that the Minister, Deputy O'Callaghan, made of this situation, the Government is now changing the law to retrospectively make legal what he said during the protests. It is crazy stuff. Why bring this in now in this manner and in this type of legislation? Any reasonable person will look at what is being proposed here and will say that the Government is trying to get measures to expand the deployment of the Defence Forces through the Dáil, again without proper scrutiny, by putting them into a piece of criminal law and civil law, a miscellaneous Bill that already deals with a range of unrelated matters. What the Minister, Deputy McEntee, is trying to do is rushed, unfair, undemocratic and underhanded. Jim O'Callaghan made a mess. The Minister was dragged into the original mess. It seems she is going all in now. This is a product of Fianna Fáil and Fine Gael putting up in bright lights that they still have not listened. Sinn Féin will not be supporting this motion because the Government is treating this House with utter contempt.

I find this totally improper. A couple of months ago, the Minister launched the maritime strategy, a very substantial document. It is the way we should be going. There are a number of issues with it but we should be debating this in the context of a defence amendment Bill. With these amendments, we are amending the Defence Act 1954 in three substantial ways: helping to protect and defend our territorial seas and internal waters and protect the sovereign rights of the State and our exclusive economic zone; making provision for the long-standing role of the Defence Forces in aid of the civil power; and enhancing the protection of military installations. These are substantial things to amend and should be done with proper scrutiny, notwithstanding the EU Presidency. The EU Presidency has not falling upon us by surprise. We have known for years that we were going to have this Presidency. The Russian shadow fleet is also being used as a reason to bring this in. Again, the threat and the activity of the Russian shadow fleet is not something that has fallen on us. The Minister's messaging is mixed. She is saying this is both a pre-EU Presidency measure and is also meant to tackle the Russian shadow fleet. We need scrutiny and debate on both of those things, particularly in relation to how we tackle the Russian shadow fleet and other threats in our seas. I believe that the Minister is serious about tackling those threats. I do not believe that she thinks it is proper to be in the Dáil debating a criminal and civil law Bill with amendments that impact her remit as Minister for Defence. I do not think that this is how she wants to do business. I think that the Minister, Deputy O'Callaghan, has made and is making an absolute mess of his portfolio. An example of that is the element of these amendments relating to the aid to civil powers. On 9 April, the Minister, Deputy O'Callaghan, confirmed it was well established in law that the Defence Forces may assist An Garda Síochána in aid to the civil power. That was on 9 April when he was deploying Defence Forces in relation to the fuel protests. Here we are on 13 May and we are bringing in new law to enable him to request the deployment of the Defence Forces "in aid of the civil power". He said six weeks ago that it was already in law, so why are we bringing in these amendments now? It is because the Minister for justice made an absolute hames of it and acted outside his remit in early April. This deserves huge attention. At a time when the Minister for Defence is transforming our Defence Forces with the amount of funding that is going in and when national security is a huge conversation that is taking place, not just in committee rooms here, but in homes and on doorsteps all over the country, we should be having grown-up and sophisticated debates about national security through our defence committee and in the Dáil properly, not with late, ham-fisted amendments put through in a criminal and civil law amendment Bill. It is totally improper. It is not how we should be doing business on matters of such huge national significance. The people are being asked to come on a journey with us in national security. We have issues in relation to the deployment of troops and the triple lock, which is under threat. The Minister, Deputy McEntee, is trying to get the trust of the people and bring them along. I want to see us transformed in terms of our national security. I want to see us in a state where we can defend ourselves and have proper intelligence, proper surveillance and a proper ability to monitor our waters. However, the Minister loses the trust of the people on that journey when she brings in amendments such as this. It looks like it is mission creep and that she is trying to do it under the table and under the radar. That is not how it should be. There is no way a Minister for Defence should be happy that such substantial amendments to our Defence Forces would be brought in in this manner. The Minister, Deputy O'Callaghan, has a lot to answer for. He should be here. These amendments should not be on the clár. They should be in a Bill separate from the one in the Minister, Deputy McEntee's name. We find this improper and we cannot support it.

Let us cut to the chase with the language of these amendments and get to the reality of what people are asking at home. The foreign fishing vessels in our waters are, by and large, not there illegally. We all know that. They are there under EU rules. If they were acting illegally, though, would this legislation actually stop them? Would we see real enforcement or more talking while Irish waters were left exposed? Fishers along our coast have heard it all before - promises of protection and action - but when push comes to shove, they are often left wondering who is minding the waters. We saw that starkly with the Russian vessel off our coast. The Government hesitated, delayed and dithered, and it was Irish fishers who stepped up, organised and forced the issue. Ordinary working people did what the State should have been prepared to do. I ask the Minister plainly. Will paragraph (a) of the motion mean that never happens again? Will the State act decisively the next time or will we again be relying on fishers to defend Irish sovereignty? Let us turn to the other side of this, which is where the real concern lies. We are giving powers here for the deployment of the Defence Forces in aid of the Garda and explicitly allowing the use of force described as reasonable, proportionate and necessary. Fine words, but people have heard that language before. Look at the fuel protests across the country. People came out because they could not afford to run their cars, heat their homes or keep their businesses going. Yes, there were blockades and disruption but those protests came from desperation among ordinary Irish people backed into a corner. What people fear is that measures like this could be used in future, not against external threats, but against our own citizens when they stand up and speak out. That is a line the public does not want crossed. I am asking the Minister for real clarity. Are these powers about stopping genuine threats in our waters, protecting sovereignty and ensuring we are not caught flat-footed again or are we quietly expanding the scope for force to be used domestically where Irish citizens could end up being on the receiving end? Once those powers are in place, they will be used. The public needs to know exactly where they stand.

I thank the Deputies. I will touch on a number of points. It has been suggested that this is an attempt to sneak something in and to avoid debate and proper consideration but that is not reflected in the facts. Since coming into this Department and first engaging with our Defence Forces, particularly our Naval Service, and since publishing the maritime security strategy, I have been very clear that I want to introduce new legislation to consolidate the various pieces of legislation our Naval Service currently works to into a specific defence Act. The Defence Forces have been asking for that. I have also been very clear that I want this in place before we begin our Presidency. There is a reason for that. I brought a memorandum to the Cabinet back in March. I did not hide the fact that I was bringing it to the Cabinet. I said very clearly what the intention of the memorandum was. It is important that we have a vehicle to move this on. While it could have been other legislation, the quickest approach was to use this miscellaneous provisions Bill because it was already moving. I thank the Minister for working with me to give me a vehicle and mechanism to introduce this. Irrespective of the contents of the miscellaneous provisions Bill, this is specifically about our Defence Forces and making sure they have powers in legislation. When at sea, the Defence Forces rely on the powers assigned to them under the Customs Act, the Sea Pollution Act, the Criminal Justice Act, the Dumping at Sea Act, the Maritime Security Act, the Maritime Safety Act and the Sea-Fisheries and Maritime Jurisdiction Act. Under these Acts, members of the Defence Forces operate as authorised officers or exercise certain powers on behalf of other State bodies, including An Garda Síochána and Revenue. While these arrangements have been sufficient up until now, is has been made very clear to me that we need specific legislation through the Defence Act to grant powers specifically to the Defence Forces. This is something the Defence Forces have been asking for. Deputy Duncan Smith is right. Just because these issues have been ongoing for some time does not mean we should not act on them now. That is what I am doing. I am responding to a very clear ask from the Defence Forces. We will have an opportunity to debate and discuss this next week, on 19 May. I am very open to engaging with colleagues on amendments or adjustments. This is a focused amendment to specify in legislation certain powers of the Defence Forces, which they can currently only use as authorised officers. It is appropriate to have this in place for the beginning of our Presidency on 1 July. That is the reason for the urgency in moving this forward. I have worked on other legislation in which other Ministers have asked me to include certain elements. That has happened without debate in this House. It is important that we are having these discussions here this evening. We will discuss these amendments further on Committee Stage before the legislation progresses through the various other Stages. On the question of providing aid to the civil power, this has been worked on within my Department for over a year. It is not something that has just come about in the last few weeks or months. Again, this is about putting in place-----

When did the Minister bring that memo to the Cabinet?

The Minister should just continue.

Will we get our questions answered?

This is about taking something that is currently in regulations made under the Defence Act and putting it into primary legislation. It does not change the provisions made under the regulations. This has been worked on for some time. We are simply putting it on a new statutory footing. I repeat that the Defence Forces provide aid to the civil power, for example, An Garda Síochána, at least 3,000 times a year. That support is provided every day in extreme weather conditions, in incidents such as those we have seen recently or in the scenarios I outlined in my opening remarks. This is really about putting what is already in regulations on a different statutory footing. My Department has been developing this for over a year now. As we now have this legislative mechanism to move it forward-----

When was it brought to the Cabinet?

-----I thought it would be appropriate to do so.