Seanad debates
Wednesday, 3 July 2024
Defence (Amendment) Bill 2024: Committee Stage
10:30 am
Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source
As we speak, any consequences fall to the Minister to decide under the 1954 Act. The level of delegated authority is quite low. In fact, I envisage that the new CHOD legislation we discussed earlier will create a far more sensible picture in respect of disciplinary matters and so forth. As it stands, any discharge, for example, inevitably wends its way to the Minister and, ultimately, to the President. There are safeguards there and there has been litigation in respect of some attempts. The regulations will be laid before the House. I have no issue with that. Obviously, in the case of a medical prescription, the Minister will take advice. This is in the context that the term "controlled drug" has the same meaning it has in section 2 of the Misuse of Drugs Act 1977 and that the term "psychoactive substance" has the same meaning as it has in the Criminal Justice (Psychoactive Substances) Act 2010. The intention here, therefore, is clear. Obviously, the Minister of the day will receive advices if a member of the Defence Forces says, for example, that he or she has been prescribed medical cannabis - there is no issue there, and that is allowed - or is on steroids for any ailment or condition. No one faces consequences for being on a medical prescription.
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