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.
