Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I move amendment No. 6:

In page 11, to delete lines 1 to 10 and substitute the following: "(a) in subsection (1), by the insertion of "subject to subsection (1A)," after "the person's commanding officer or,", and

(b) by the insertion of the following subsection after subsection (1):

“(1A) The Chief of Staff may, where the circumstances so require—

(a) appoint an officer to investigate a charge for the purpose of subsection (1), or

(b) direct the Deputy Chief of Staff (Operations) to appoint an officer for the said purpose.".".

In section 15, we are also proposing amendment No. 7. Sections 14 and 15 of the Bill amend sections 177 and 177A of the Defence Act 1954, which relate to the investigation of disciplinary charges that may be brought against an officer of the Defence Forces. Among other matters, section 177 sets out the persons that may appoint an investigating officer where the relevant commanding officer does not conduct an investigation. Following a review of the text of these sections, it is considered prudent to bring forward these technical amendments to clarify their operation.