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The Postal Strike, 9-29 September 1922 (see here and here) was the first major industrial dispute faced by the new government of the Irish Free State (see Gerard Hanley “They ‘never dared say “boo” while the British were here’: the postal strike of 1922 and the Irish Civil War” (2022) 46 (169) Irish Historical Studies 119). The government imposed various restrictions, including a ban on pickets. Nevertheless, the picture on the left (taken from The Graphic newspaper, 16 September 1922) shows the Postal Unions on the march in Dublin. More than a century later, the government continues to restrict the political activities of civil servants. In my previous post, we saw that the Civil Service Code of Standards and Behaviour (2004; revised 2008 (pdf); Circular 26/04 (09 September 2004) (pdf)) and Civil Servants and Political Activity (Circular 09/2009 (30 April 2009) (pdf)) provide for a blanket ban on civil servants engaging in any form of political activity or speaking in public on matters of local or national political controversy. My previous post considered whether the two circulars provided a sufficient legal basis for the ban. In this post, I want to consider whether the restrictions in the two circulars are constitutional.…

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In my previous two posts, I considered the drafting history and possible unconstitutionality of section 11 of the Defence (Amendment) Act 2024 (the 2024 Act; update: available here) (pdfs here and here). That section adds a new subsection (1A) to section 103 of the Defence Act, 1954 (the 1954 Act; consolidated here) placing comprehensive restrictions on the political speech of members of the Defence Forces. A similar blanket ban is imposed upon members of the civil service. In this post, I want to examine whether there is a sufficient legal basis for the ban. In my next post, I will consider whether that ban is constitutional.

The Civil Service Code of Standards and Behaviour (2004; revised 2008 (pdf); Circular 26/04 (09 September 2004) (pdf)) provides:

5. Civil Servants and Politics
5.1 Restrictions have traditionally been imposed on civil servants engaging in political activity to ensure public confidence in the political impartiality of the Civil Service. This section restates the existing restrictions.

5.2 … (d) All civil servants above clerical level are totally debarred from engaging in any form of political activity.

5.3 Civil servants in category (d) may not engage in public debate (e.g.

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Having considered the Defence (Amendment) Bill 2024 (the Bill) and the advice of the Council of State (pictured left), on Wednesday, 17 July 2024, the President signed the Bill and it accordingly become law as the Defence (Amendment) Act 2024 (the 2024 Act; update: available here). Section 103(1) of the Defence Act, 1954 (consolidated here) (the 1954 Act) provides that members of the Permanent Defence Force from “shall not join, or be a member of, or subscribe to, any political organisation or society”. Section 11 of the 2024 Act adds a new subsection (1A) to section 103 of the 1954 Act, providing that a member of the Permanent Defence Force shall not:

(a) while in uniform or otherwise making himself or herself identifiable as a member of the Permanent Defence Force—

(i) make, without prior authorisation from the member’s commanding officer, a public statement or comment in relation to a political matter or matter of Government policy, or
(ii) attend a protest, march or other gathering in relation to a political matter or matter of Government policy,

(b) canvass on behalf of, or collect contributions for, any political organisation or society, or
(c) address a meeting of a political organisation or society.

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