Ireland Case No. 27736Freedom of assembly (constitutional challenge to military order) · Co. Dublin
High Court hears freedom of assembly challenge in Dublin
Sergeant Martin Bright, a man and Deputy General Secretary of PDFORRA, brought a High Court challenge against a military order issued in August 2018 that directed Permanent Defence Forces members not to attend unofficial parades and protests. Bright intended to attend a protest in Dublin City Centre in September 2018 organised over army pay and conditions, and claims the order breaches his rights to freedom of assembly. The defendants argue Bright lacks legal standing because he was seconded to PDFORRA, which the State says cannot engage in public agitation. The case is being heard at the High Court in Dublin before Mr Justice Mark Sanfey, and the hearing continues.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court8 Mar
2 reports - Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports- What happened
- Sergeant Martin Bright, Deputy General Secretary of PDFORRA, brought a High Court challenge against a military order directing PDF members not to attend unofficial parades and protests.
- The order, issued by the PDF's Deputy Chief of Staff in August 2018, stated that attendance in uniform or civilian clothing at such events is not compatible with military service.
- Bright claims the order breaches his rights to freedom of assembly and to express himself freely, and seeks declarations that it is unconstitutional, unlawful, and breaches the European Convention on Human Rights.
- Where
- Bright intended to attend a protest in Dublin City Centre in September 2018, organised over army pay and conditions and mainly attended by family members of serving members and veterans.
- In court
- The case is being heard at the High Court in Dublin before Mr Justice Mark Sanfey, and the hearing continues.
- Other details
- The defendants argue Bright lacks legal standing because he was seconded to PDFORRA, which the State says cannot engage in public agitation.
- Defence Forces regulations prevent attendance at political events in uniform but no such restriction applies to soldiers in civilian attire.
- Bright is represented by Oisin Quinn SC with Micheal O'Higgins SC, and the defendants by Patrick McCann SC and Mark Dunne SC.
23 statements extracted from the articles
- whatThe action was brought by Sergeant Martin Bright, Deputy General Secretary of PDFORRA. (thejournal.ie)
- whatThe protest was organised over army pay and conditions. (kildarenow.com)
- whatThe protest was mainly attended by family members of serving members and veterans of the PDF. (kildarenow.com)
- whatThe order stated that attendance in uniform or civilian clothing at such events is not compatible with military service. (kildarenow.com)
- whatBright claims the order breaches his rights to freedom of assembly or to express himself freely. (kildarenow.com)
- whatDefence Forces regulations prevent attendance at political events in uniform but no such restriction applies to soldiers in civilian attire. (kildarenow.com)
- whatThe defendants argue Bright lacks legal standing because he was seconded to PDFORRA, which the State says cannot engage in public agitation. (kildarenow.com)
- whereBright intended to attend a protest in Dublin City Centre in September 2018. (thejournal.ie)
- whenSgt Bright intended to attend a protest in Dublin City Centre in September 2018. (kildarenow.com)
- whenThe PDF's Deputy Chief of Staff issued an order in August 2018 directing members not to attend unofficial parades and protests. (kildarenow.com)
- courtBright seeks a declaration that the order is unconstitutional and breaches various articles of the European Convention on Human Rights. (thejournal.ie)
- courtThe defendants are represented by Patrick McCann SC and Mark Dunne SC and deny the claims. (thejournal.ie)
- courtThe hearing is before Mr Justice Mark Sanfey and continues. (thejournal.ie, kildarenow.com)
- courtThe case was heard at the High Court in Dublin. (kildarenow.com)
- courtHe seeks a declaration that the order is unlawful and outside the Deputy Chief of Staff's powers. (kildarenow.com)
- courtHe seeks declarations that his attendance at lawful assemblies and protests while not on duty is not incompatible with military service. (kildarenow.com)
- courtHe seeks a declaration that the order is unconstitutional and breaches various articles of the European Convention on Human Rights. (kildarenow.com)
- otherThe protest was organised over army pay and conditions and was mainly attended by family members of serving members and veterans. (thejournal.ie)
- otherCounsel said there is no express power allowing an officer to order an off-duty, not in uniform, PDF member not to attend a civilian event. (thejournal.ie)
- otherDefence Forces regulations prevent attendance at political events in uniform but no such restriction applies in civilian attire. (thejournal.ie)
- otherThe defendants say Bright lacks legal standing because he was seconded to PDFORRA, which the state says cannot engage in public agitation. (thejournal.ie)
- otherSgt Bright is represented by Oisin Quinn SC with Micheal O'Higgins SC, instructed by solicitor Fergus O'Regan. (kildarenow.com)
- otherThe defendants are represented by Patrick McCann SC and Mark Dunne SC. (kildarenow.com)
The reporting
newest first- 9 Mar2022High Court challenge brought over order preventing off duty soldiers attending protests
Provides details of the High Court hearing including legal arguments by both sides, the specific declarations sought, the judge presiding (Mr Justice Mark Sanfey), and the defendants' defence that Bright lacks legal standing due to his secondment to PDFORRA.
victim, Martin Bright, male, irish (judged from name)Martin Bright - 8 Mar2022High Court challenge brought over order preventing off-duty soldiers attending protests
Reports the opening of the High Court challenge; the hearing before Mr Justice Mark Sanfey continues.
victim, Martin Bright, male, irish (judged from name)Martin Bright