On 14 May 2024, the Irish High Court, led by Justice Sanfey, delivered a landmark judgment on the right to freedom of assembly for Defence Forces members. The case arose from a dispute initiated by Martin Bright, Deputy General Secretary of PDFORRA, who sought clarity regarding his entitlement to participate in the 2018 “Dignity and Respect” parade in Dublin. The military had issued an order prohibiting attendance at such events, even in civilian attire, without clear justification.

The court ruled that the order of 29 August 2018, was disproportionate and violated the constitutional rights of members of the Irish Defence Forces. Justice Sanfey emphasized that attending events in civilian clothing does not inherently breach military obligations, provided it remains non-political and non-confrontational.

The judgment drew on evidence from Emmanuel Jacob, President of EUROMIL, who highlighted the European context, where participation in protests by armed forces members, outside of service and in civilian attire, is widely permitted. Justice Sanfey concluded that military personnel could attend such events as private citizens, affirming their right to freedom of expression and assembly.

Subsequent to the ruling, Section 103 of the Defence Act was amended to allow attendance at political events, as long as members do not wear uniforms or identify themselves as Defence Forces personnel. This decision underscores the balance between military discipline and fundamental freedoms, setting a precedent for democratic values within the armed forces.

Special thanks were extended to Fergus O’Regan and the PDFORRA team for their role in securing this milestone ruling for Defence Forces personnel.

More information can be found in the attached document from PDFORRA’s magazine “Irish Defender”.