Written answers

Wednesday, 26 November 2008

Department of Defence

Defence Forces Representative Associations

10:00 pm

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Question 76: To ask the Minister for Defence if a Defence Forces representative association was admonished by his officials or the military authorities for its response to the announcement of barracks closures; if such admonishment was administered at his direction or under his authority; and if he will make a statement on the matter. [42830/08]

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)
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I am pleased to have an opportunity to clarify this matter. Representation in the Defence Forces was established under the Defence (Amendment) Act, 1990. The Act sets out the scope of representation and the purpose for which Representative Associations are established. The legal and regulatory provisions surrounding representation in the Defence Forces are particular to the Defence Forces. As the Deputy will appreciate, they represent a carefully crafted compromise between the rights of the association to represent members and the unique requirements of a disciplined military organisation. These provisions bind both sides to the process.

Section 2 (1) of the Act excludes matters "relating to any operation and the raising, maintenance, command, constitution, organisation and discipline of the Defence Forces". The Regulations made pursuant to the Defence Amendment Act 1990 prescribe the arrangements for interaction between the Representative Associations and the media and commentary on political matters. They go on to state that "The Association shall not sponsor or resort to any form of public agitation as a means of furthering claims or for any other purpose whatsoever".

The clear intention of the Oireachtas when the legislation was enacted was to preclude representatives of the Defence Forces from questioning or campaigning against legitimate decisions of the civil power. The provisions of the act were not framed with a view to restricting the Association in any of its legitimate activities. On the contrary, the Act has served to vindicate and protect the Association's rights over the years and sustain representation in a manner that has met the needs of the Associations and the modernisation agenda of the Defence Forces.

My Department has an obligation to seek to ensure that the representative process operates in accordance with the relevant legislation and in the best interests of the parties to the process. In meeting this obligation, my Department has correctly expressed concern to PDFORRA about specific actions taken by them that could damage the system of representation in the long term. I have also expressed my disappointment to PFORRA in this regard. I am aware of the views of PDFORRA on the decision to close these barracks. This does not, however, confer a right on PDOFRRA to depart from the scope of representation as enacted by the Oireachtas.

I can assure the deputy that my Department remains fully committed to the system of representation as established by the 1990 Act. My Department has engaged with PDFORRA in discussing all of the issues that PDFORRA have raised with regard to the implementation of the decision to close these barracks.

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