Courts / Dublin / Report

High Court challenge to order preventing off-duty soldiers from attending protests

Date
2022-03-08

Stage
Hearing Or Decision

Primary locality
Dublin City

County
Dublin

Summary

In March 2022 the High Court heard a challenge by Sergeant Martin Bright, a serving soldier and Deputy General Secretary of the Permanent Defence Force Other Ranks Representative Association, against an order issued by the Deputy Chief of Staff in August 2018. The order directed all members of the Permanent Defence Forces to refrain from attending unofficial parades and protests, including a 2018 Dublin City Centre protest about army pay and conditions that Bright intended to attend. Bright argues the order infringes his rights to freedom of assembly and expression, and seeks a declaration that the order is unlawful, outside the Deputy Chief of Staff's powers, and unconstitutional under the European Convention on Human Rights. The Defence Forces argue Bright lacks standing, the order is within his authority, and that the protest was a political demonstration. The case is before Justice Mark Sanfey.

Who, what, where, when and why

What: Report matter: High Court challenge to order preventing off-duty soldiers from attending protests. Procedural stage: hearing_or_decision

When:

September 2018 Hearing Or Sentence
August 2018 Hearing Or Sentence
2022-03-08 Publication

Why: This is because Sgt Bright was seconded to PDFORRA, which the State says cannot engage in any public agitation as a means of furthering its claims. CNI source report