A meeting of the Council of State in Áras an Uachtaráin to examine legislation which contains changes in relation to the Defence Forces has concluded.
The meeting lasted between two-and-a-half and three hours and considered the constitutionality of the Defence (Amendment) Bill, which passed all stages in the Oireachtas earlier this month.
Among those who attended the meeting were President Michael D Higgins, Taoiseach Simon Harris and former presidents Mary Robinson and Mary McAleese.
Also in attendance are former taoisigh Bertie Ahern, Leo Varadkar and Enda Kenny while Brian Cowen and Tánaiste Micheál Martin sent their apologies.
The President sought the views of members of the Council of State before deciding whether to refer the legislation to the Supreme Court.
This has only happened 15 times in the history of the State.
The Representative Association of Commissioned Officers (RACO) has called for urgent changes to the legislation.
It has called for the ban on members of the Defence Forces making statements or commenting on Government policy to be dropped.
However, the organisation supports other parts of the legislation which allows groups representing members of the Defence Forces to be associate members of the Irish Congress of Trade Unions.
Minister of State for European Affairs and Defence Jennifer Carroll MacNeill said the bill is not a gagging order for members of the Defence Forces.
Speaking on RTÉ's Morning Ireland, Ms Carroll MacNeill said it has been clear since 1954 that membership of the Defence Forces is an apolitical activity.
"We are not changing the rules beyond the 1954 and the 1990 provisions which make clear that you sign up to the Defence forces and you do not join, be a member of, subscribe to political organisations and that you are totally loyal to the constitution," she said.
She said the legislation intends to "modernise the Defence Forces" in different ways and enable representative groups RACO and PDFORRA to join ICTU as associate members.
The minister said that this is a step forward and offers representative groups a larger, weightier voice in different ways.
We need your consent to load this rte-player contentWe use rte-player to manage extra content that can set cookies on your device and collect data about your activity. Please review their details and accept them to load the content.Manage Preferences
"What we are still doing is maintaining the existing, blanket apolitical nature of the Defence Forces and making it very clear that should persist and that it is a really important part of our Defence Forces," she said.
Ms Carroll MacNeill said the aim was to "enhance circumstances" to improve terms and conditions.
She said Defence Forces members in uniform cannot participate in a protest.
"But if you’re not in uniform of course you can," she added.
Additional reporting Sandra Hurley
