Credit: Irish Defence Forces / Flickr, CC BY 2.0

The proposed amendments to the Defence Act 1954 were agreed by ministers today.

Defence minister Helen McEntee said the legislation would ensure the Defence Forces “have the powers they need to respond to emerging threats in our waters, particularly from vessels linked to the Russian shadow fleet”.

She said: “Ireland’s maritime domain is of critical strategic importance.

“Major undersea cables that carry huge volumes of global internet and financial data pass through our waters, while gas pipelines, electricity interconnectors and planned offshore renewable energy infrastructure are also located in our maritime area.

“Recent events in the Baltic Sea and the activities of Russia’s shadow fleet have highlighted the importance of ensuring that we have the legal framework necessary to respond to evolving threats.”

Officials in the Department of Defence have worked closely with the Department of Foreign Affairs and Trade and the Attorney General’s Office to develop proposals for “short, targeted legislation that is consistent with international law and aligned with best international practice”.

Under the proposals, members of the Naval Service will be given clearly defined unilateral statutory powers at sea to counter threats in Ireland’s maritime domain, including the ability to:

• board vessels operating in Ireland’s maritime zones;
• inspect documents, equipment and activities on board vessels;
• direct a vessel to leave a specified area or alter its route where necessary; and
• require a vessel to cease activities that may threaten critical infrastructure or the marine environment.

These powers will be exercised in accordance with international law, including the United Nations Convention on the Law of the Sea (UNCLOS), and will help ensure that vessels operating in Irish waters are complying with international maritime rules, the government says.

Mrs McEntee continued: “Currently, the Defence Forces exercise a range of maritime enforcement powers on behalf of other State agencies under various pieces of legislation.

“However, the Defence Acts themselves do not explicitly assign maritime enforcement powers to the Defence Forces. This legislation will for the first time provide them with specific statutory powers under the Defence Acts to carry out these functions.

“This legislation will address that gap by clearly setting out the Defence Forces’ role in safeguarding our maritime domain while remaining fully consistent with international law.”

The legislation will also formally recognise the long-standing role of the Defence Forces in providing aid to the civil power, including support to An Garda Síochána and the Revenue Commissioners.

“The Defence Forces have carried out this role for decades, and it is important that this function is clearly set out in primary legislation,” Mrs McEntee said.

The legislation will also strengthen the legal framework relating to the protection of military installations, ensuring that the Defence Forces’ authority to protect these sites where necessary is grounded in primary legislation.

Maritime security was identified as a key priority in the government’s 2024 defence policy review.

Ireland’s new national maritime security strategy sets out a whole-of-government approach to protecting the State’s maritime domain and critical infrastructure, in cooperation with international partners and the private sector.

While work will continue on a comprehensive maritime security legislative framework over the coming years, the minister said this legislation is being prioritised to ensure that the Defence Forces have the powers needed to respond to emerging risks.

Mrs McEntee concluded: “It is important that the Defence Forces have the necessary legal powers in place as soon as possible.

“I intend to bring this legislation forward as a priority, including exploring options to progress it quickly through the Oireachtas ahead of Ireland’s presidency of the Council of the European Union from July 2026.”