President Higgins signs Defence (Amendment) Bill 2024

President Higgins signs Defence (Amendment) Bill 2024

Date: Wed 17th Jul, 2024 | 12:24

President Michael D. Higgins, having given careful consideration to all constitutional and other aspects of the Defence (Amendment) Bill 2024, and having considered all the options available to him, has today signed the Bill.

The President followed the passage of this Bill through both Houses of the Oireachtas, and has listened carefully to the debate and the issues raised.

The President has also considered the views expressed by the members of the Council of State at the meeting convened at Áras an Uachtaráin on Monday, 15 July, regarding the constitutionality of the Bill, in relation to two sections in particular.

When considering any piece of legislation, the President must be cognisant of Article 34.3 of Bunreacht na hÉireann, which provides that no Court can question the validity of any legislation following a referral by the President to the Supreme Court, and the capacity of a putative litigant on a fact-based rather than abstract grounds has to be taken into account.

The President's decision to sign this legislation thus does not close off any actions sought by any member of the Defence Forces, or their representative association, to challenge the provisions of the Bill in the future.