Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I would first like to correct the records of the House. As the Deputy will be aware the military authorities previously advised me that 12 officers were retired from the Defence Forces between 1954 and 1985 under the provisions of section 47(2) of the Defence Act 1954 as prescribed by Defence Force Regulation A15 paragraph 18(1). This was communicated to the Deputy in response to Question No. 112 on 11 December 2014. This response reflected that two of these officers were recorded on file as having been retired “in the interests of the service”. I am now informed that further investigation has shown that while these officers were in fact retired under the provisions of Defence Forces Regulation A15, they were not retired “in the interests of the service”. The officers in question were retired under a different provision of the regulation for failing, during courses of training, to maintain satisfactory progress. I have been advised by the military authorities that these two cases date back to the 1950s and involve two officers who failed essential flying tests and were unsuitable for transfer to other branches of the army on age grounds. This being the case, I can see no necessity in initiating an independent inquiry into those cases.

I can therefore advise the Deputy, based on the information now provided by the military authorities that only one person has been identified as being retired “in the interests of the service” as per Defence Forces Regulation A15 paragraph 18(1). This case was the subject of a resolution adopted by Seanad Éireann on 10 March 2010. The Seanad resolution included a provision that the Government would ask the Judge Advocate General to select a nominee to carry out a review of the documentation on file to determine “whether on the basis of the documentation and information available to the Defence Forces at the time, the decision to compulsorily retire” the officer “was a reasonable one.” The individual in question was also offered the opportunity to make written submissions to the reviewer based on the relevant documentation. The Government remains willing to carry out this review within the terms of reference of the Seanad resolution and subject to the person’s agreement and co-operation.

I would like to clarify for the Deputy that none of the clauses of paragraph 18(1) of Defence Forces Regulation A15 were removed in 1985. An amendment was added to the regulation in 1985 to require that the reasons for a proposed retirement in the interests of the service be communicated to an officer and that he or she be given a reasonable opportunity of making representations.

Finally, can I say-----

See this speech in context