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

I thank Senators Craughwell and Wall for their contributions. This was discussed in the other House when Deputy Howlin tabled a similar amendment. I indicated to him that I had instructed my officials to examine the chain of command and the entire Defence Act 1954, insofar as it relates to proper structures. The Commission on the Defence Forces recommended a chief of the Defence Forces, a joint services approach, upgrading the chief of the Air Corps, Naval Service and Army and having all at a similar level and then having a vice chief of defence, CHOD, also. In essence, yesterday at Cabinet, we brought forward the heads of Bill and sought permission to draft a Bill. The 1954 Act is simply not fit for purpose.

I do not accept the arguments that this is departmental overreach or getting into operational issues. It is far more fundamental and profound than that. The Chief of Staff under the 1954 Act, as might be perceived by the layperson, is not a Chief of Staff who can direct, for example, the flag officer or brigade commanders under the Act. That is clear. However, he has delegated management functions from the Department and it has worked over the decades but in no way could it be seen as optimal. The Commission on the Defence Forces was very clear, having looked at western democracies and the way they are structured, that we would develop a similar CHOD structure with a chief of the Defence Forces.

There are important issues. I note Senator Craughwell's use of the word "autonomy" and in the context of a democracy, no Defence Force can be autonomous in that sense. Fundamentally, the primacy of the civilian authority must always be a key factor in any such defence legislation. We have essentially published the heads of Bill and will draft legislation. It is comprehensive. Were we to try to stitch it into this Bill, it would be inappropriate. If the Senators are saying they want pre-legislative scrutiny and all of the rest of it, that has not happened here.The progress will be the drafting of the Bill, pre-legislative scrutiny, then a committee and then the normal Stages of the Bill. My view is that we should await the publication of the substantive Bill on this issue.