The government has published sweeping defence legislation that will allow military personnel to be suspended during criminal investigations and fundamentally change how Irish troops are deployed overseas.
The General Scheme of the Defence (Amendment) Bill 2025, a 41-page document published last week, introduces significant changes to how Defence Forces personnel face discipline, interact with international organizations, and deploy on foreign missions.
The proposed legislation begins parliamentary scrutiny this Thursday and is expected to pass through the Oireachtas by the summer recess.
New Suspension Powers
One of the most significant measures gives the Chief of Staff power to suspend military members who are under criminal investigation by gardaí. This addresses a longstanding legal gap around how to handle enlisted members and officers facing serious criminal charges before conviction.
The legislation also requires personnel to inform their commanding officer if they are under criminal investigation and keep them updated on the progress of any case.
The Minister for Defence will have authority to make regulations governing these suspensions, providing the military leadership with powers similar to those held by the Garda Commissioner.
Response to High-Profile Cases
The suspension provisions directly respond to issues identified in the Ward Report, commissioned after the Cathal Crotty case. Crotty, a soldier who assaulted Limerick woman Natasha O’Brien, highlighted problems in how the military handles personnel facing criminal charges.
The Journal previously identified another case involving a naval service member who was not dismissed following an assault conviction.
Senior counsel Peter Ward’s report found that military personnel often failed to inform commanding officers about court appearances or criminal investigations. It also identified problems with data sharing between state entities including gardaí and the courts service.
Previously, a temporary solution involved placing soldiers on leave, but the new legislation provides a proper legal framework for suspensions.
Triple Lock System Abolished
The bill fundamentally changes how Irish troops are deployed overseas by scrapping the Triple Lock system. Currently, deployment requires a UN Security Council resolution, government approval, and a Dáil vote.
The new system will allow the government to decide if missions align with the UN Charter and international law, then seek Dáil approval. This represents a significant shift in Ireland’s approach to international military engagement.
Expanded International Operations
The legislation increases automatic troop deployments from 12 to 50 personnel without additional parliamentary approval. This change particularly affects Army Ranger Wing operations, including hostage rescues and close protection duties.
The bill allows Irish forces to participate in operations led by the UN, EU, Organisation for Security and Co-operation in Europe, and other regional bodies. While NATO is not specifically mentioned, a provision for “any other regional arrangement or body” could potentially include the alliance.
New provisions explicitly permit Irish troops to participate in counter-narcotics operations, training missions, and sporting events. Military Police are being considered for embassy security roles alongside the Army Ranger Wing.
International Framework
All international operations must serve “purposes of peace-keeping, conflict prevention, and strengthening international security” while remaining consistent with UN Charter principles. The legislation defines participating forces as those that “contribute to the maintenance of international peace and security.”
The bill represents the most significant reform of Ireland’s defence legislation in years, addressing both internal disciplinary issues and the country’s evolving role in international security operations.