Sinn Féin has accused the Government of the “most bizarre stroke ever” in introducing a retrospective legislative amendment to ensure Defence Forces personnel are authorised to use force when deployed to assist An Garda Síochána.
The party’s justice spokesman Matt Carthy said Minister for Justice Jim O’Callaghan, during the fuel protests, “inflamed a volatile situation with his comments threatening to deploy the Defence Forces”.
He claimed the Minister “having learnt nothing from the mess” was now “changing the law to retrospectively make legal what he said during the protests.”
Labour justice spokesman Duncan Smith said in April the Minister “confirmed it was well-established in law that the Defence Forces may assist An Garda Síochána in aid to the civil power”.
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Now “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 because the Minister for Justice made an absolute hames of it and acted outside his remit in early April.”
During the fuel protests last month, O’Callaghan said the Army would be deployed to remove vehicles obstructing roads and blocking ports.
The Sinn Féin spokesman claimed in the Dáil the measure was “underhand” while the Labour spokesman said it seemed an “under the table and under the radar” attempt.
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Their criticism followed the provision’s introduction by Minister for Defence Helen McEntee among a number of amendments to the Criminal and Civil Law (Miscellaneous Provisions) Bill.
Plans to give the Naval Service expanded powers to board vessels, including those from Russia’s so-called shadow fleet in Ireland’s maritime zones were approved two months ago.
The Minister said in the Dáil the amendments were to help “protect and defend our territorial seas and internal waters and protect the sovereign rights of the State in our exclusive economic zone”.
They would also allow the deployment of members of the Defence Forces in aid of the civil power, and for the protection of military installations.
McEntee said they were to ensure the Defence Forces had the necessary powers “to respond to emerging threats in our waters, particularly from vessels linked to the Russian shadow fleet”.
With Ireland’s upcoming presidency of the EU, she wanted 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”.
Insisting the issue of using force had been worked on “for some time” she said they were “taking something that is currently in regulations made under the Defence Act and putting it into primary legislation”.
She added the “Defence Forces provide aid to the civil power” at least 3,000 times a year.
Carthy claimed the Government is trying “to expand the deployment of the Defence Forces” through the Dáil without proper scrutiny. “It is rushed, it is unfair, it is undemocratic and it is underhand.”
Smith did not believe McEntee “thinks this is proper to be in the Dáil under a criminal and civil law Bill” with amendments “that impact her remit as Minister for Defence”. He believed O’Callaghan “is making an absolute mess of his portfolio”.
He described the move as “totally improper”. These were substantial measures and should be done “with proper scrutiny”.
“We should be having grown-up, mature, 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.”
He said the Minister for Justice “has a lot to answer for. He should be here. These amendments should not be on the clár.”
Independent Ireland leader Michael Collins said “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”.
