Clare Daly (Dublin North, United Left)
Link to this: Individually | In context | Oireachtas source

132. To ask the Minister for Defence his views regarding the progress made, and the contacts he has had with the person concerned, in relation to the process that he indicated, during Question Time on 14 January 2015, he would initiate in relation to the case of the only person in the history of the State to be retired in the interests of the service, as per Defence Forces Regulation A15, paragraph 18(1)(f); and if he will make a statement on the matter. [21355/15]

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The individual that the Deputy is referring to was retired by the President, on the advice of the Government, with effect from a date in June, 1969. His retirement was effected pursuant to Section 47(2) of the Defence Act, 1954 and Paragraph 18(1)(f) of Defence Force Regulations A.15, which provide that an officer may be retired “in the interests of the service”.

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 Government remains willing to carry out this review and I am currently considering further advice that I have received from the Office of the Attorney General in relation to this case.

I have not met with the individual concerned but I have had two conversations with his solicitor, in order to explore their viewpoint in the context of a future review of the case and to attempt to reach agreement on a mutually satisfactory way forward for a review.