Minister McEntee Proposes New Legal Powers for the Naval Service

The Minister for Defence, Helen McEntee TD, today (11 March) welcomed Government approval to begin drafting legislation that will provide the Defence Forces with new powers to safeguard Ireland’s maritime domain and protect the State’s sovereign rights in its territorial sea and exclusive economic zone.

Link to Heads of Bill

Speaking today, Minister McEntee said:

“Following the launch of Ireland’s first National Maritime Security Strategy last week, one of my key priorities is ensuring 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’.

“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.”

The Minister confirmed that officials in the Department of Defence have worked closely with the Department of Foreign Affairs & 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.

The legislation will amend the Defence Act 1954 to formally assign to the Defence Forces specific functions in safeguarding and protecting the State’s rights in the territorial sea and exclusive economic zone.

Under the proposals, members of the Naval Service will be given clearly defined unilateral statutory powers at sea to counter threats in our 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
• 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.

Minister McEntee said:

“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 Minister also confirmed that the legislation will 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.

“I also intend to include provisions in the Defence Act to explicitly recognise the Defence Forces’ role in supporting An Garda Síochána and other civil authorities when requested. The Defence Forces have carried out this role for decades, and it is important that this function is clearly set out in primary legislation.”

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 2024 Defence Policy Review, reflecting Ireland’s geographic position, evolving security threats and our responsibility to contribute to European security.

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.

Minister 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.”