Written answers

Tuesday, 23 April 2024

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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147. To ask the Taoiseach and Minister for Defence his further plans to increase the retirement age for members of the Defence Forces and the Reserve Defence Force beyond the current age limit; when will the age be increased to 62 years; and if he will make a statement on the matter. [17684/24]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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As of 29 March 2024, all Permanent Defence Forces and Reserve Defence Forces personnel who previously had a mandatory retirement age of less than 60, may remain in service until 60 subject to fulfilling certain existing criteria, for example physical and medical fitness.

As announced on 5 March 2024, in tandem with the changes made to the mandatory retirement age, a new fast accrual pensions' policy framework has been approved and the Department of Public Expenditure, NDP Delivery and Reform is preparing the necessary legislation which, when enacted, will allow for a further increase in the mandatory retirement age for all Permanent Defence Force ranks to 62. I will work closely with the Minister for Public Expenditure, NDP Delivery and Reform as his Department works to progress the legislative changes required to finalise the new framework. It is anticipated that the same revised mandatory retirement age will apply to the Reserve Defence Forces.

Photo of Matt CarthyMatt Carthy (Cavan-Monaghan, Sinn Fein)
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148. To ask the Taoiseach and Minister for Defence the mechanisms by which a person who is court martialled may have their rank reinstated; and if he will make a statement on the matter. [17756/24]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Defence Act 1954 (as amended) provides the principle statutory basis for the Court-Martial system, which administers military justice in the Irish Defence Forces.

The main purpose of the Court-Martial system is to provide a mechanism for the enforcement of Military Law in the Defence Forces.

The fundamental principle of Military Law is the regulation of behaviour of military personnel, having regard to the unique requirements and demands of military life, in order to ensure that the required standard of discipline is maintained at all times.

Members of the Permanent Defence Force are subject to Military Law at all times. Chapter II of Part V of the Act, sections 124 to 169A (inclusive) provide for the various offences against Military Law for which persons subject to Military Law may be tried and punished by Courts-Martial.

Sections 209 and 210 of the Defence Act 1954 set out the punishments that may be awarded, by a court-martial, to officers and enlisted personnel (respectively).

Pursuant to section 209(1)D, a Commissioned Officer may be reduced to any lower commissioned rank, by a court martial.

Pursuant to section 210(1)E, a Non-Commissioned Officer (NCO) may be reduced to any lower non-commissioned rank, by a court martial.

Where either of the above has occurred, and, the court-martial punishment has not been quashed by a higher court, the Officer or NCO in question may be promoted again in the future, through the usual promotion mechanisms, laid out in Defence Force Regulations.

Photo of Matt CarthyMatt Carthy (Cavan-Monaghan, Sinn Fein)
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149. To ask the Taoiseach and Minister for Defence if authorisation from the Department if necessary for serving members of the Defence Forces to sit on the board of security organisations; and if he will make a statement on the matter. [17757/24]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Defence Forces Regulation (DFR) A7 deals with the overarching matter of discipline. Paragraphs 16 to 23 provides for the position of members of the Permanent Defence Force in relation to matters of contracts, sales and purchases, and private trade or employment. Of particular note in this instance is Para 20D which states:

"Where it comes to the notice of Deputy Chief of Staff (Support) that a member of the Permanent Defence Forces is engaged in off-duty employment which is likely to prove detrimental or prejudicial to the best interests of the service, he may take such measures as may appear to him/her necessary and desirable to terminate or limit the scope of such employment".

Unit Commanders are obliged to manage personnel under their command to ensure compliance with DFRs. Any breaches of DFRs are dealt with appropriately through normal Defence Forces administrative and/or disciplinary measures.

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