A meeting of the Council of State has been convened by President Michael D. Higgins this afternoon to discuss the Defence (Amendment) Bill 2024.

The bill implements a number of recommendations of an independent review group led by Ms Justice Bronagh O’Hanlon, in particular establishing an external oversight body on a statutory basis.

It also provides a statutory basis for the defence minister to authorise the representative associations for members of the Defence Forces to associate with the Irish Congress of Trade Unions (ICTU).

Other miscellaneous amendments to the Defence Acts are also included, including new legal protections for the term “Óglaigh na hÉireann”.

However, military groups have raised concerns about certain provisions, in particular restrictions on identifiable members of the Defence Forces commenting on government policy.

The Council of State will meet at 2.30pm to consider whether the bill should be referred by the president to the Supreme Court for a decision on its constitutionality.

The power to convene such a meeting, under Article 26 of the Constitution, has been exercised by President Higgins three times before. None of those bills were ultimately referred to the Supreme Court.