Defence Forces (Temporary Provisions) Act , 1923

1 Short Title and Duration of Act.

1.—This Act may be cited for all purposes as the Defence Forces (Temporary Provisions) Act, 1923.

This Act shall continue in force until other provisions shall have been made by law for the defence of Saorstát Eireann and shall not in any case continue in force after a period of one year from the date of the passing hereof.

2 Definition of expression “on active service.”

2.—(1) In this Act, if not inconsistent with the context, the expression “on active service” as applied to a person subject to military law means whenever he is attached to or forms part of a force which is engaged in operations in a place wholly or partly occupied by the enemy.

(2) Where the Executive Council declares at any time or times that by reason of the imminence of active service or the recent existence of active service, it is necessary for the public service that the armed forces to be raised under this Act should be temporarily subject to this Act as if they were on active service, then, on the publication in the Iris Oifigiúil of any such declaration, the forces to which the declaration applies shall be deemed to be on active service for the period mentioned in the declaration.

3 Definitions.

3.—In this Act the following expressions shall, where the context so admits, have the meanings respectively assigned to them by this Section, that is to say:—

(1) The expression “The Minister” means the Minister for Defence.

(2) The expression “Executive Minister” means a Minister who is a member of the Executive Council.

(3) The expression “The Forces” means the armed forces to be raised under this Act and includes soldiers of the Reserve when called out on permanent service with the Forces as hereinbefore defined.

(4) The expression “The Reserve” means any reserve for the Forces to be established under Part III. of this Act.

(5) The expression “Officer” means an officer commissioned or in pay as an officer of the Forces or the Reserve or any arm, branch or part thereof.

(6) The expression “General Officer” means an officer holding the rank of General, Lieutenant-General, or Major-General.

(7) The expression “Non-Commissioned Officer” includes an acting non-commissioned officer.

(8) The expression “Soldier” does not include an officer as defined by this Act, but with the modifications contained in this Act in relation to non-commissioned officers does include a non-commissioned officer and every other person subject to military law while he is so subject.

(9) The expression “Superior Officer” when used in relation to a soldier includes a non-commissioned officer as above defined.

(10) The expression “Corps” means:—

(a). Any military body, whether known as a territorial regiment or by any different name, as may be from time to time declared by Warrant under the hand of the Minister to be a corps for the purposes of this Act and is a body formed by the Minister under the powers conferred by this Act, and either consisting of associated battalions of the Forces or consisting wholly of a battalion or battalions of the Forces.

(b). Any part of the Forces by whatever name called, which is declared by a Warrant under the hand of the Minister to be a corps for the purposes of this Act; and also

(c). Any other portion of the Forces employed on any service and not attached to any corps as above defined.

(d). And any reference in Chapter V. of Part II. of this Act to a corps of the Forces shall be deemed to refer to any such military body as is hereinbefore defined to form a corps.

(11) The expression “Battalion” in the application of this Act to cavalry, artillery, or engineers shall be construed to mean regiment, brigade, or other body into which the Minister under the powers conferred on him by this Act may be pleased to divide such cavalry, artillery, or engineers.

(12) The expression “Regimental” means connected with a corps or with any battalion or other sub-division of a corps.

(13) The expression “Decoration” means any medal, clasp, good conduct badge, or decoration.

(14) The expression “Military Reward” means any gratuity or annuity for long service or good conduct; it also includes any good conduct pay, pension and any other military pecuniary award.

(15) The expression “Commanding Officer” means any officer commanding a battalion, and also such other officer as the Minister may, by Regulations to be made by him under this Act, declare to be a commanding officer.

(16) The expression “Enemy” includes all armed mutineers, armed rebels, armed rioters, and pirates.

(17) The expression “Superior Court” means the High Court of Justice in Dublin.

(18) The expression “Civil Court” means with respect to any crime or offence, a Court of ordinary criminal jurisdiction, and includes a Court of Summary Jurisdiction.

(19) The expression “prescribed” means prescribed by this Act or by any Rules or Regulations to be made thereunder or partly by this Act, and partly by Rules or Regulations to be made thereunder.

(20) The expression “Summary Jurisdiction Acts,” means within the police district of Dublin Metropolis, the acts regulating the powers of justices of the peace for such district or of the police of such district; and elsewhere in Saorstát Eireann the Petty Sessions (Ireland) Act, 1851, and any Act or Acts amending the same.

(21) The expression “Court of Summary Jurisdiction,” means any District Justice, Police Magistrate, stipendiary or other magistrate or officer by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Act, or any Acts therein referred to, or any Acts amending or adapting the same.

(22) The expression “Court of Law” includes a court of summary jurisdiction.

(23) The expression “County Court Judge” includes a Recorder.

(24) The expression “District Justice” includes a Divisional Magistrate of the City of Dublin.

(25) The expression “Constable” means any member of the Dublin Metropolitan Police, or of the Civic Guard.

(26) The expression “Police Authority” means a Superintendent or Inspector of the Dublin Metropolitan Police, or of the Civic Guard.

(27) The expression “Horse” includes a mule, and the provisions of this Act shall apply to any beast of whatever description used for burden or draught, or for carrying persons in like manner as if such beast were included in the expression “horse.”

(28) The expression “Oath” includes any solemn declaration which under this Act may be made by any person who states he has no religious belief, or that he has a conscientious objection to taking an oath, and the expression “be sworn” includes “make a solemn declaration.”

(29) The expression “Public Prison” means any prison in which a person convicted and sentenced to imprisonment by a civil court may lawfully be confined.

(30) The expression “Penal Servitude Prison” means any prison or place in which a person convicted and sentenced to penal servitude by a civil court may lawfully be confined.

(31) The expression “the Adjutant-General” shall mean the Adjutant-General of the Forces.

PART I.

CHAPTER I. Establishment of Defence Forces.

4 Raising and number of Defence Forces.

4.—It shall be lawful for the Executive Council to raise and maintain an armed force to be called Oglaigh na hEireann (hereinafter referred to as the Forces) consisting of such number of officers, non-commissioned officers, and men as may from time to time be provided by the Oireachtas.

5 Control of Forces.

5.—The command in chief of and all executive and administrative powers in relation to the Forces including the power to delegate authority to such persons as may be thought fit shall be vested in the Executive Council and exercised through and in the name of the Minister who shall not however allocate to himself any executive military command and who may not be a member of the Forces on full pay.

CHAPTER II. Organization of the Forces.

6 Personnel of Forces.

6.—(1) The Forces shall consist of officers who are appointed officers thereof, and of non-commissioned officers and men who are bound to continuous service for a term.

(2) Members of the Forces shall serve under such conditions and for such periods and at such rates of pay as may be prescribed.

7 General Organisation of Forces.

7.—The Forces shall be organized into such units of the various combatant arms and departmental services as may be prescribed

CHAPTER III. Administration.

8 Commissioned ranks in the Forces.

8.—The following shall be the grades of commissioned rank in the Forces:—

(1) General.

(2) Lieutenant-General.

(3) Major-General.

(4) Colonel.

(5) Major

(6) Commandant.

(7) Captain.

(8) Lieutenant.

(9) Second Lieutenant.

9 Non-commissioned ranks in the Forces.

9.—The following shall be the grades of non-commissioned rank in the Forces:—

(a) Non-commissioned Officers—

(1) Sergeant-Major.

(2) Quartermaster-Sergeant.

(3) Sergeant.

(4) Corporal.

(b) Men—

(5) Private.

10 Granting of Commissions.

10.—The Executive Council may on the nomination of the Minister appoint any person to commissioned rank or temporary commissioned rank in the Forces. All commissions shall be in the form specified in the first schedule hereto and shall be signed by the President of the Executive Council and the Minister.

11 Power to dismiss or dispense with services of any member of the Forces.

11.—The Executive Council acting through the Minister may dismiss or dispense with the services of an officer or discharge any other member of the Forces.

12 Power to establish Military Districts.

12.—The Minister may appoint and establish military districts throughout the State and divide a military district into two or more sub-districts.

13 Power to establish Head quarters, etc., Staffs.

13.—The Minister may establish Headquarter Staffs of the Forces and Instructional and Administrative Staffs for military districts as required, and appoint thereto as he may think fit officers of the Forces.

Members of the Staffs so appointed shall hold such rank and title, and fulfil such duties and functions and serve under such conditions and for such periods as may be prescribed.

14 Officers in executive command.

14.—The executive military command and inspection of the Forces or any portion thereof may, subject to this Act, be vested in such officer or officers of the Forces as may be appointed by the Executive Council.

15 Officers holding commissions during pleasure.

15.—All Officers of the Forces shall hold their commissions during the pleasure of the Executive Council, but the commission of an Officer shall not be cancelled without the holder thereof being notified in writing of any complaint or charge made, or any action proposed to be taken against him, nor without his being called upon to show cause in relation thereto:

Provided that no such notification shall be necessary in the case of an officer absent from duty without leave for a period of three months or more.

16 Appointment from ranks to commissioned ranks.

16.—The Executive Council on the recommendation of the Minister may, notwithstanding anything to the contrary in this Act contained or by regulation prescribed, reward any member of the Forces for distinguished services by appointing him to commissioned rank, or if he be an officer, by promoting him to higher rank.

17 Resignation of officers.

17.—An Officer of the Forces may, by writing under his hand, tender the resignation of his commission, but shall not, unless otherwise ordered by the Minister, be relieved of the duties of his appointment until the acceptance of his resignation is notified in the Iris Oifigiúil.

18 Appointment of officers.

18.—From and after five years following upon the establishment of a military college under this Act, preference in appointment to commissioned rank in the Forces shall as far as possible, be given to graduates of that college.

19 Appointment of officers pending completion of period of five years, after the establishment of a Military College.

19.—Until the expiry of the period of five years after the establishment of a Military College, the following persons shall be eligible for appointment to commissioned rank in the Forces:—

(a) Citizens of Saorstát Eireann.

(b) Officers and men serving at the time of the passing of this Act in the National Forces.

(c) Such other persons as may be approved of by the Minister:

Provided that in any case the Minister may order such citizens, officers, men and persons or any of them to undergo such courses of instruction, and pass such qualifying tests as may be prescribed.

20 Half-pay and unattached list.

20.—The Minister may place any Officer of the Forces on a half-pay list for a period not exceeding one year.

Any officer who is not re-employed before the end of that period may at his own request be placed on the unattached list and await re-employment. An officer so placed on the unattached list shall cea e to draw the pay and allowances of his rank, but if he be subsequently re-employed, his services on the unattached list may be reckoned to count as service in the Forces on such conditions as may be prescribed.

21 Engagement and service in the Forces.

21.—(1) Every person engaging for service as a soldier in the Forces shall take an oath or make a solemn declaration before an Officer of the Forces or a District Justice or Peace Commissioner.

(2) The oath or declaration shall be in the form set out in the Second Schedule to this Act, Such oath or declaration shall bind the person subscribing to it to serve in the Forces in accordance with the tenor of his oath, until he is legally discharged, dismissed, or removed therefrom, or his resignation is accepted.

(3) Any member of the Forces other than an officer shall be entitled to receive his discharge therefrom either by purchase as may be prescribed, or on the expiration of the period of service for which he is engaged.

22 Date of Establishment.

22.—The Forces shall be established as from a date to be fixed by Proclamation of the Executive Council in the Iris Oifigiúil.

CHAPTER IV. Military Education.

23 Military College.

23.—(1) Out of the moneys specially appropriated by the Oireachtas for the purpose, the Minister may establish and maintain an Institution for training and instructing:—

(a) Candidates for appointment to commissioned rank in the Forces;

(b) Officers of the Forces; and

(c) Such other Citizens as the Regulations may declare to be eligible for admission to that Institution.

At the said Institution there may be combined with the military training and instruction such other training and instruction of an educational nature as may be prescribed.

(2) The Institution shall be designated the Irish Military College.

(3) Students at the Irish Military College other than commissioned officers shall be formed into a Military Corps and their services in that Corps shall be reckoned towards service in the Forces as may be prescribed.

(4) All students under instruction at the Irish Military College shall be subject to the same discipline as that to which soldiers of the Forces are subject under this Act

(5) Subject to the provisions of this Act, the appointment of the Staff of the College, the duration and description of the courses of instruction and training therein, the conditions of the future services required from the graduates of the College and all matters relating to the management, control, and good government of the College shall be as prescribed.

24 Classes of Instruction.

24.—For the purpose of securing a high degree of military training and efficiency in the Forces, and of fitting members of the Forces for their duties therein, the Minister may make such educational arrangements as are deemed necessary, and may in particular establish special classes and courses of instruction for members of the Forces who are selected to attend such classes and courses.

25 Officers and non-commissioned officers to be instructed in giving commands in each of official languages of the State.

25.—All officers and non-commissioned ranks of the Forces shall be instructed in giving and receiving executive words of command in each of the official languages of the State.

CHAPTER V. Service in Time of War.

26 Liability of members of Forces to be employed on active service.

26.—The whole or any part of the Forces shall at all times be liable to be employed on active service against an enemy anywhere in Saorstát Eireann or for the prevention or suppression of internal disorder within the State.

27 Military Command in time of war.

27.—In time of war or internal disorder the Executive Council may place any officer of the Defence Forces in command of the whole or any portion of those Forces in the Field.

28 Discharge on service.

28.—Notwithstanding anything to the contrary in this Act contained, no member of the Forces while called out or employed on active service against an enemy or for the prevention or suppression of internal disorder shall be entitled to obtain his discharge from the Forces during the continuance of such service.

CHAPTER VI. Special Powers in relation to Defence.

29 General Powers of Minister with consent of Executive Council.

29.—The Minister with the consent of the Executive Council may:—

(a) Construct and maintain barracks, forts, and defence works;

(b) Establish and maintain or contract for the establishment or maintenance of arms and ammunition factories and factories for the manufacture of military clothing, equipment, and other warlike stores;

(c) Construct and maintain aerodromes and other matters incidental thereto;

(d) Acquire, construct, and maintain artillery and rifle ranges and other matters incidental thereto,

and may do all things necessary for the efficient defence and protection of the State or any part thereof.

30 Manoeuvres and training.

30.—(1) The Minister may from time to time appoint areas wherein any portion of the Forces may be trained and exercised in manoeuvres and may by regulation prescribe the conditions under which compensation may be claimed by and paid to owners or occupiers of land in those areas for damage or loss sustained by them in consequence of the use of their land by the Forces as aforesaid: Provided that no camp shall be erected within a radius of at least two hundred yards of a private dwellinghouse except with the consent of the owner thereof.