Defence Forces (Temporary Provisions) Act, 1923 (Continuance and Amendment) Act , 1924

1 Continuance of the Defence Forces (Temporary Provisions) Act, 1923.

1.—The Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923) (hereinafter referred to as the Principal Act) shall, subject to the provisions of this Act, continue in force until the 31st day of March, 1925, and shall then expire.

2 Amendment of the Principal Act.

2.—The words “member of the Dublin Metropolitan Police or of the Gárda Síochána” shall be substituted for the word “constable” wherever that word occurs in the Principal Act.

3 Amendment of section 3 of the Principal Act.

3.—Section 3 of the Principal Act (which defines the meaning of certain words and expressions used in the Principal Act) shall be and is hereby amended as follows:—

(a) In paragraph (3) the words “the Military defence forces to be raised under Part 1 of this Act” shall be substituted for the words “the armed forces to be raised under this Act;”

(b) Paragraph (25) shall be deleted;

(c) In paragraph (26) the words “Gárda Síochána” shall be substituted for the words “Civic Guard.”

4 Amendment of section 4 of the Principal Act.

4.—In section 4 of the Principal Act (which relates to the raising and number of the Defence Forces) the words “raise, train, equip, arm, pay and maintain a military defence force” shall be substituted for the words. “raise and maintain an armed force.”

5 Amendment of section 6 of the Principal Act.

5.—Sub-section (2) of section 6 of the Principal Act shall have effect as though the words “and allowances, (including conditions applicable thereto)” were inserted therein after the word “pay.”

6 Amendment of section 9 of the Principal Act.

6.—Section 9 of the Principal Act (which relates to the non-commissioned ranks in the Forces) shall be and is hereby amended by the substitution of the following paragraphs for paragraphs (a) and (b) of that section, that is to say:—

“(a) Non-commissioned officers—

(1) Sergeant-Major;

(2) Battalion Quartermaster-Sergeant;

(3) Company-Sergeant;

(4) Company-Quartermaster-Sergeant;

(5) Sergeant;

(6) Corporal.

(b) Men—

(7) Private.”

7 Amendment of section 10 of the Principal Act.

7.—Section 10 of the Principal Act (which relates to the granting of commissions) shall be and is hereby amended by the addition thereto of the following sub-section:—

“(2) Where a person holding appointment as an officer in the National Forces at the date of the Proclamation mentioned in section 22 of this Act is appointed to commissioned rank in the Forces, such person may, in the event of his failing to pass the qualifying tests prescribed for the rank mentioned in his commission, be reduced by the Minister from that rank to the highest commissioned rank for which he passes the prescribed qualifying tests.”

8 Promotions and reductions.

8.—The following two sections shall be inserted in the Principal Act after section 11 thereof:—

“11A. The Minister may from time to time promote officers and soldiers of the Forces in accordance with regulations to be made by him.”

“11B. The Minister or any officer duly authorised by him in that behalf may reduce a non-commissioned officer to a lower non-commissioned rank or to the ranks.”

9 Oath to be taken by soldiers.

9.—The form of oath or declaration to be taken or made pursuant to section 21 of the Principal Act shall be as follows in lieu of the form of oath or declaration set out in the Second Schedule to the Principal Act, that is to say:—

“I, do solemnly swear (or declare) that I have this day freely and voluntarily enlisted as a soldier in Oglaigh na hEireann; that I will faithfully serve as such for the period of, from the day of, 19 (unless sooner discharged by proper authority) and under the conditions prescribed in accordance with law; and I will accept such pay, bounty, rations and clothing as may from time to time be prescribed in accordance with law.

And I do further solemnly swear (or declare) that I will bear true faith and allegiance to, and against all enemies whomsoever, defend, Saorstát Eireann and its Constitution as by law established and I will render good and true service and obedience to the Oireachtas and Government of Saorstát Eireann under the Constitution and that I will submit myself to discipline and obey without question the orders of the officers appointed over me according to law and further that I will not while I am a soldier in Oglaigh na hEireann join, or be a member of, or subscribe to, any political society or organisation whatsoever or any secret society whatsoever.”

10 Oath to be taken by officers.

10.—The following section shall be inserted in the Principal Act after section 21 thereof:—

“21A.—(1) Every officer in the Forces shall, upon his appointment to be an officer in the Forces, take an oath or make a declaration, as the case may be, of fidelity, in the following form:—

“I, do solemnly and sincerely swear (or declare) that I will bear true faith and allegiance to, and against all enemies whomsoever, defend, Saorstát Eireann and its Constitution as by law established, and that I will render good and true service and obedience to the Oireachtas and Government of Saorstát Eireann under the Constitution, and that I will observe and obey without question, such orders and directions as I shall from time to time receive from any of my superior officers, according to law; and further, that I will not, while I am an officer in Oglaigh na hEireann, join or be a member of or subscribe to any political society or organisation whatsoever, or any secret society whatsoever.”

(2) The oath or declaration of fidelity in the last preceding sub-section set forth, shall be taken or made and subscribed by each such officer in the presence of such officer as shall be nominated for that purpose by the Minister.

(3) Any officer of the Forces who declines or neglects to take the oath or the declaration aforesaid in the manner aforesaid, shall be deemed to have resigned his commission and appointment as an officer in the Forces.”

11 Employment of civilians.

11.—The following section shall be inserted in the Principal Act after section 30 thereof:—

“30A.—(1) The Minister may employ for duty with the Forces such numbers of civilians (male or female) as medical doctors, nurses, clerks, or in any other capacity as may be necessary.

(2) Civilians so employed shall serve under such conditions and at such rates of pay and allowances as may be prescribed.”

12 Amendment of section 31 of the Principal Act.

12.—The following paragraph shall be inserted in the Principal Act after paragraph (j) of section 31 of the Principal Act (which relates to the making of Regulations):—

“(jj) The uniforms to be worn by members of the Forces.”

13 Amendment of section 44 of the Principal Act.

13.—Section 44 of the Principal Act (which relates to the offence of fraudulent enlistment) shall have effect as though the words “or such less punishment” were inserted therein after the words “to suffer imprisonment.”

14 Amendment of section 46 of the Principal Act.

14.—Section 46 of the Principal Act (which relates to the offence of scandalous conduct by an officer) shall have effect as though the words “or such less punishment as is in this Act mentioned” were inserted therein after the words “dismissal with ignominy.”

15 Amendment of section 63 of the Principal Act.

15.—Section 63 of the Principal Act (which relates to the offence of ill-treating a soldier) shall have effect as though the words “person subject to military law as an” were inserted therein after the word “Every.”

16 Amendment of section 65 of the Principal Act.

16.—Section 65 of the Principal Act (which relates to the offence of withholding pay) shall have effect as though the words “person subject to military law as an” were inserted therein after the word “Every.”

17 Provost Marshal and Military Police.

17.—The following section shall be inserted in the Principal Act after section 75 thereof:—

“75A. (1) For the prompt repression of all offences a provost marshal of commissioned rank with assistants of commissioned rank may from time to time be appointed.

(2) A provost marshal or his assistants may at any time arrest and detain for trial any persons subject to military law (even though of higher or equal rank) committing offences against this Act, and may also carry into execution any punishments to be inflicted in pursuance of the sentence of a court martial.

(3) A non-commissioned officer belonging to the military police may at any time arrest and detain for trial any soldier (even though of higher or equal rank) committing an offence against this Act.”

18 Amendment of section 78 of the Principal Act.

18.—Section 78 of the Principal Act (which relates to charges against an officer below the rank of commandant which may be summarily dealt with) shall be and is hereby amended as follows:—

The words “Where a person subject to Military Law, as an officer being an officer below the rank of commandant, is charged with an offence against this Act in this section mentioned, the charge may be summarily dealt with in the manner hereinafter provided” shall be substituted for the words “Where an officer below the rank of commandant is charged with an offence in this section mentioned, the charge may be summarily dealt with in the manner hereinafter mentioned.”

19 Amendment of section 79 of the Principal Act.

19.—The following section shall be substituted for section 79 of the Principal Act:—

“79.—Where an officer, to whom section 78 of this Act applies, is charged with any of the offences mentioned in section 78 of this Act, the prescribed officer may, if satisfied as to the guilt of the accused and subject to the provisions of section 84 of this Act, summarily award any one or more of the following punishments:—

(1) Fine not exceeding £5.

(2) Severe reprimand or reprimand”

20 Amendment of section 80 of the Principal Act.

20.—Section 80 of the Principal Act (which relates to charges against a soldier which may be summarily dealt with) shall be and is hereby amended as follows:—

The words “Where a person subject to military law as a non-commissioned officer or private soldier is charged with an offence against this Act in this section mentioned, the charge may be summarily dealt with in the manner hereinafter provided” shall be substituted for the words “When a non-commissioned officer or private soldier is charged with any of the offences mentioned in this section the charge may be summarily dealt with in the manner hereinafter provided”

21 Amendment of section 81 of the Principal Act.

21.—The following section shall be substituted for section 81 of the Principal Act:—

“81.—(1) Where a non-commissioned officer is charged with any of the offences mentioned in section 80 of this Act, the commanding officer of the accused may, if satisfied as to the guilt of the accused and subject to the provisions of section 85 of this Act, summarily award one and one only (save as provided by paragraph (vi) of this sub-section) of the punishments following:—

(i) In the case of offences other than drunkenness, fine not exceeding £3;

(ii) Fines in cases of drunkenness not on duty as follows:—

First offence not exceeding 10s.;

Second offence not exceeding 20s.;

Third and every subsequent offence not exceeding 40s.;

(iii) Deprivation of acting rank;

(iv) Severe reprimand;

(v) Reprimand;

(vi) In addition to or without any other punishment, any deduction from pay authorised by this Act to be made by a commanding officer pursuant to paragraph (c) of section 131 of this Act.

(2)—(a) For the purposes of this sub-section any punishment mentioned in sub-section (1) of this section shall be deemed to be less than any punishment preceding it in the same sub-section.

(b) When a commanding officer has awarded punishment or punishments in accordance with this section, the prescribed officer may mitigate or remit such punishment or punishments or commute or reduce such award for any less punishment or punishments to which the offender might have been sentenced by his commanding officer”

22 Amendment of section 82 of the Principal Act.

22.—The following section shall be substituted for section 82 of the Principal Act:—

“82.—(1) Where a private soldier is charged with any of the offences mentioned in section 80 of this Act, the commanding officer of the accused may, if satisfied as to the guilt of the accused, and subject to the provisions of section 86 of this Act, summarily award any of the following punishments:—

(i) Detention for a period not exceeding twenty-eight days; in cases of absence without leave for a period not exceeding seven days, detention shall not be awarded for a period exceeding seven days; where the absence exceeds seven days, detention may be awarded for a period equal to the period of absence without leave, but in no case for a period exceeding twenty-eight days;

(ii) In case of offences other than drunkenness fine not exceeding £2;

(iii) Fines in cases of drunkenness as follows:—

First offence, not exceeding 5s.;

Second offence, not exceeding 10s.;

Third and every subsequent offence, not exceeding 30s.;

(iv) Confinement to barracks for a period not exceeding 14 days;

(v) Extra guards and pickets:

(vi) Warning;

(vii) Any deduction from pay authorised by this Act to be made by a commanding officer pursuant to paragraph (c) of section 131 of this Act.

(2) A commanding officer in awarding punishment, may in a proper case, at the same time, sentence a private soldier to—

(a) Detention, fine for drunkenness and the deduction from pay mentioned in paragraph (vii) of sub-section (1) of this section; or

(b) Fine for drunkenness, confinement to barracks, and the deduction from pay mentioned in paragraph (vii) of sub-section (1) of this section; or

(c) The deduction from pay mentioned in paragraph (vii) of sub-section (1) of this section and any one of the other punishments mentioned in sub-section (1) of this section.

(3) No combination of punishments by a commanding officer shall be lawful save those mentioned in sub-section (2) of this section.

(4)—(a) For the purposes of this sub-section, any punishment mentioned in sub-section (1) of this section shall be deemed to be less than the punishment preceding it in the same sub-section.

(b) When a commanding officer has awarded any punishment or punishments in accordance with this section, the prescribed officer may mitigate or remit such punishment or punishments or commute or reduce such award for any less punishment or punishments to which the offender might have been sentenced by his commanding officer.”

23 Repeal of section 83 of the Principal Act.

23.—Section 83 of the Principal Act (which relates to the punishments which may be summarily awarded to a private soldier by a company commander) is hereby repealed.

24 Amendment of Section 84 of the Principal Act.

24.—Section 84 of the Principal Act (which relates to the investigation of a charge against an officer) shall be and is hereby amended as follows:—

(a) At the end of sub-section (1) there shall be added the following words “or by some other officer appointed in that behalf by the Adjutant General.”

(b) The words “officer investigating the charge” shall be substituted for the words “commanding officer” where the same occur in sub-sections (2) and (3).

(c) The following sub-paragraph shall be substituted for sub-paragraph (ii) of paragraph (b) of sub-section (4):—

“(ii) If he considers the case is one which should be dealt with summarily he shall, where the finding involves an automatic forfeiture of pay under paragraph (a) of section 127 of this Act, or where he proposes to award a fine, first ask the officer charged whether he desires to be dealt with summarily or to be tried by court martial, and if the officer elects to be tried by court martial he shall remand him for trial by court martial, but otherwise shall proceed to deal summarily with the case.”

25 Amendment of section 85 of the Principal Act,

25.—The following section shall be substituted for section 85 of the Principal Act:—

“85.—(1) A charge against a non-commissioned officer shall in the first instance be investigated by his commanding officer who after such investigation shall proceed as follows:—

(a) If satisfied that there is no evidence disclosing an offence against this Act or if he considers the charge ought not to be proceeded with he shall dismiss the charge.

(b) If he does not dismiss the charge he shall proceed as follows:—

(i) If the offence is not one of those mentioned in section 80 of this Act, or, being one of the offences mentioned in section 80 of this Act, he considers the case is one which should be dealt with by court martial, he shall remand the accused for trial by court martial.

(ii) If he considers the case is one which should be dealt with summarily, he shall, where the finding involves an automatic forfeiture of pay under paragraphs (a) or (g) of section 128 of this Act or where he proposes to award a fine or a deduction from pay, first ask the non-commissioned officer charged whether he desires to be dealt with summarily or to be tried by court martial, and if the non-commissioned officer elects to be tried by court martial he shall remand him for trial by court martial, but otherwise shall proceed to deal summarily with the case.

(2) Where a non-commissioned officer has been charged with any of the offences mentioned in section 80 of this Act and has been remanded by his commanding officer for trial by court martial other than as a result of the accused electing to be tried by court martial, the officer having authority to convene such court martial may, if he consider it proper, return the case to the commanding officer with instructions to deal summarily with the case and thereupon such commanding officer shall re-hear the case and deal summarily with it subject to the provisions of this section.”

26 Amendment of section 86 of the Principal Act.

26.—The following section shall be substituted for section 86 of the Principal Act:—

“86.—(1) A charge against a private soldier shall, subject to the provisions of section 86A of this Act, in the first instance be investigated by his commanding officer, who after such investigation shall proceed as follows:—

(a) If he is satisfied that there is no evidence disclosing an offence against this Act or if he considers the charge ought not to be proceeded with, he shall dismiss the charge.