The family of an Irish soldier killed by the IRA has welcomed proposed law changes that would impose fines for the unauthorised use of the Irish title of the Defence Forces, Óglaigh na hÉireann.
Several paramilitary groups, including the Provisional IRA, have also referred to themselves as Óglaigh na hÉireann.
Additionally, Sinn Féin has used the term “Oglach” to describe individual members of the Provisional IRA.
Under the General Scheme of the Defence Amendment Bill 2023, which has been approved by the Government, it will become an offence for a person to use the term Óglaigh na hÉireann for any group unless they have the authority of the Minister for Defence.
A person who commits an offence under this new provision could be fined a maximum of €1,000.
The phrase, or any words closely resembling the term, will not be allowed for use as the name, title, description or styling of any group, organisation or body without ministerial approval.
The proposal follows a Bill brought forward by Senator Malcolm Byrne in 2021, which would have protected the contemporary usage of the title Óglaigh na hÉireann for the Defence Forces.
Mr Byrne said the Bill would have protected where the term is used in a historical context but would not permit paramilitary organisations to “misuse the name”.
David Kelly, whose father was one of two members of the Irish security forces killed by the Provisional IRA during a rescue mission 40 years ago, said its use by the IRA and Sinn Féin is “insulting” to those killed during the Troubles.
On December 16th, 1983, Private Patrick Kelly and Garda recruit Gary Sheehan were killed in Derrada Wood, Ballinamore, Co Leitrim, during an operation to rescue Quinnsworth supermarket executive Don Tidey, who had been kidnapped for 23 days in Dublin.
Mr Tidey exited the ordeal physically unharmed.
Speaking to the PA news agency on Monday, Mr Kelly said his family is “re-traumatised” by the use of the phrase by unofficial groups.
“It is re-traumatising to hear people being recognised as Óglaigh na hÉireann and Oglach because my father’s murderers are still walking free, they have been getting away with murder for 40 years.
“And at the same time, we’ve been sitting here with an empty chair at the table for 40 years.”
He added: “I’ve always felt it’s an insult. Not only to my father who, in brutal reality, was gunned down in a vicious manner alongside a garda.
“But it’s also an insult to the Defence Forces who served with him that day, some of them were taken hostage and used as human shields. It’s an insult to the entire Defence Forces who have been loyal to the State since independence.
“Also, I would say, ultimately, it is an insult to the Irish people. The Defence Forces are protecting our democratic institutions of the Republic of Ireland.
“At the time, the provisional movement didn’t recognise our Government, parliament, court system and our security forces.”
Mr Kelly said his family “really welcomes” the move.
“He was a member of the legal, legitimate Óglaigh na hÉireann and it was a unique case because he was the only member of the Irish Army murdered during the Troubles.
“But he was actually murdered by an organisation who claimed that they were the true Óglaigh na hÉireann.
“At the time, they would have seen my father as a pretender and would have disparagingly referred to the Irish Defence Forces as the '26-County Forces'.”
He added: “Not only were they claiming to be Óglaigh na hÉireann, they killed a member of the true Óglaigh na hÉireann in Derrada Woods. Our lives have been blighted by it, courtesy of this group.”
The South East Fermanagh Foundation victims group said it was encouraged that the Irish Government was moving towards deterring “wanton misuse of the term”.
SEFF director Kenny Donaldson said: “There is one Óglaigh na hÉireann and that is the official Irish Army of Ireland, the name has been misused over many years by The Provisional IRA, in both Ireland and Northern Ireland.
He added: “This reclaiming of language must act as the launch pad for me to be done around the wilful glorification and glamorisation of terrorism and ‘political violence’ connected with ‘The Troubles period’ on both sides of our border and indeed throughout the United Kingdom and further afield.”
The Defence Amendment Bill 2023, which is due before the Oireachtas this year, is intended to give effect to a key recommendation of the Independent Review Group on Dignity and Equality issues in the Defence Forces in relation to the establishment of an External Oversight Body.
It will also look at the issue of associate membership of the Irish Congress of Trade Unions for Defence Forces representative associations, which Mr Byrne has previously raised.
