Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026: Committee Stage
Seanad Éireann — 2026-06-24
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Jim O'Callaghan (FF), Dublin Bay South

I thank the Senators for putting forward the amendments and all Senators for their contributions. Just so everyone is aware, we are discussing proposed amendments to section 9 of the Bill and that is the section that seeks to put in a new provision into the Defence Act 1954 to ensure that there is an updated statutory mechanism in respect of members of the Defence Forces being deployed in aid of the civil power.
At the outset, it is important to be aware of, note and record that, at present, there is ongoing assistance provided by the Defence Forces to An Garda Síochána and that is something that has happened consistently over the past 40 or 50 years.
Senator McDowell referred to the kidnapping of Don Tidey and, of course, the campaign of violence waged by the Provisional IRA on this island for a period of 25 or 30 years, which tragically resulted in the murder of Private Patrick Kelly, a member of Óglaigh na hÉireann, by the Provisional IRA. It is also important to point out that even back in the 1970s and 1980s, the Army provided assistance to An Garda Síochána and there was a mechanism by which that was done and I will refer to that presently. It continued during the times when we had serious organised crime. The Garda frequently requested the assistance of the Army and Defence Forces for the purpose of accompanying and guarding large transits of cash during the course of bank deliveries.
Fortunately, that type of criminal activity has now ceased. After many years, the Provisional IRA realised the futility of its campaign and organised criminals as well now recognise that trying to rob large amounts of cash is fruitless, particularly since that does not happen with the same frequency now.
Nonetheless, it is still the case that An Garda Síochána requests the assistance of the Defence Forces in aid of the civil power on a regular basis and that assistance is granted. An Garda Síochána issues what is referred to as a C70 document. It is a form that a chief superintendent or someone higher will issue to the Defence Forces in a region for the purpose of getting its assistance. It may arise in circumstances where there is concern about an explosive device. Great expertise exists within the Defence Forces in respect of explosive devices and ensuring that they are made safe. An Garda Síochána frequently requests that.
It also happened last year in respect of the death of the unfortunate Mike Gaine. As the Cathaoirleach will know, Mike Gaine was a farmer in south Kerry. There was an investigation on his land to look for his remains. An Garda Síochána requested the assistance of the Army for the purpose of that search and it was granted. That is an example of a perfectly legitimate and understandable request from An Garda Síochána to the Defence Forces under the C70 system.
In fact, there were 144 requests from An Garda Síochána by way of C70s to the Defence Forces last year, so this is something that continues on a frequent basis. It does not result in armed officers of the Defence Forces being seen on the street, but it is something that is necessary and appropriate. As I announced earlier this year, An Garda Síochána requested the Defence Forces to come in to provide assistance to remove large trucks. This is the type of request that is standard and acceptable. I agree with Senator McDowell that it is not something that requires a vote in both Houses of the Oireachtas before that can be granted.
It is, however, probably worth setting out the current legislative framework relating to the aid of the civil power. There are relevant provisions relating to aid of civil power currently set within the Defence Act 1954, in regulations made under the Defence Act 1954 and in various other enactments. Section 90 of the 1954 Act provides for the calling out in certain circumstances of reservists in aid of the civil power. In addition, other enactments provide for the manner in which members of the Defence Forces provide assistance to the Garda and other State bodies in relation to specific matters. There are also regulations made under the Defence Act 1954 in relation to the provision of aid to the civil power. The regulations in question are entitled Defence Forces Regulation CS1 (Employment of Troops in Aid of the Civil Power 1967).
It should also be noted that there is case law to support the current provisions relating to aid of the civil power. It is acknowledged that the regulations that have been in existence for almost 60 years are in need of modernisation, and the provisions relating to the use of force that are currently set out in the regulations are more appropriately situated within the relevant primary legislation that is the Defence Act 1954.
It should also be pointed that the approval of the Government to draft an amendment to the Defence Acts was obtained on 9 March 2026, way before the protests that occurred. It was suggested by Senator McCormack that this amendment was introduced out of the blue after the protests. That is not correct. The approval of the Governments was obtained on 9 March 2026, and the relevant draft head was published on the website of the Department of Defence in March 2026.
In summary, the new section 40B does not provide for a substantive change to the current legislative framework under which members of the Defence Forces may be deployed in aid of the civil power. However, it is necessary as it ensures that provision is appropriately set out within the Defence Acts for this important role of the Defence Forces and, accordingly, I do not propose to accept amendment No. 11.
That brings me to amendment No. 12, which relates to the provisions in Part 4 of the Bill concerning, again, the long-standing role of the Defence Forces in aid of civil power. This amendment would appear to require that any deployment of members of the Defence Forces in aid of the civil power would require a resolution to be passed by both Houses of the Oireachtas. Can we just pause and think about that in the context of the assistance that was provided by the Defence Forces to An Garda Síochána in the search for the remains of Mike Gaine? Is it seriously suggested that when the gardaí down in south Kerry decided that they needed assistance to look for the unfortunate man's mortal remains that they would have had to hold on until they got a resolution signed by both Houses of the Oireachtas, which would have taken a week or so? Also, what expertise does this House have when it comes to assisting or directing An Garda Síochána as to what assistance it needs for the purpose of carrying out their functions? Similarly, if there was an explosive device found somewhere down the country and An Garda Síochána needed to call in the explosives section of the Defence Forces in order to defuse it, are we seriously suggesting that there has to be a motion brought before both Houses of the Oireachtas requiring that a resolution be passed to permit it? That provision would be impractical and excessive in view of the nature and volume of the deployments.
As I said to the Senator, there were 144 requests last year. Most of them did not give rise to any issues of concern and none of them really resulted in very visible presence of the Defence Forces on our streets, as was mooted by some Senators.
Statistical information in relation to the deployment of members of the Defence Forces in aid of the civil power is provided on an annual basis in the annual report of the Department of Defence and the Defence Forces. The report is laid before this House - the Seanad - as well as the Dáil. It clearly sets out the wide range of operations that take place in aid of the civil power. It should also be noted that the requirement for the deployment of the Defence Forces in aid of the civil power often rises at short notice. Therefore, it would not be feasible to provide that a resolution of both Houses would be required before deployment. For those reasons, I cannot accept amendment No. 12.
Amendment No. 13 provides for reporting requirements for the operation of the new Part 3A of the Defence Act 1954. As I have already noted, statistical information in relation to the deployment of members of the Defence Forces in aid of civil power is already provided on an annual basis in the annual report of the Department of Defence and the Defence Forces, which is laid before this House. As such, I do not consider that the amendment proposed by Senators is required. In addition, the reporting requirements set out in the amendment also relate to operational matters relating to the Defence Forces, and it would not be appropriate on security grounds to report on such matters. Accordingly, I cannot accept the amendment on those grounds.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-06-24/debate/main
Retrieved: 2026-08-14T04:55:06+00:00
Sitting date: 2026-06-24