Defence Act , 1954

289.—(1)There shall stand established a nursing service to be called and known as the Army Nursing Service.

(2)The Army Nursing Service shall consist of F418[persons] who are appointed members thereof.

290. Application of this Act to the Army Nursing Service.

290.—(1)The provisions of this Act (except this Part and sections 8, 103, 104, 234, 235 and 236 and Part VI) shall not, save where specific mention is made therein to the Army Nursing Service or save as is provided by an order under this section, apply in respect of members of the Army Nursing Service.

(2)The Minister may from time to time by order apply to the members of the Army Nursing Service with such modifications and adaptations as he thinks fit any provision of this Act which does not, by virtue of subsection (1) of this section, apply to members of the Army Nursing Service.

(3)The Minister may by order under this subsection revoke or amend any order under this section (including this subsection).

(4)An order under this section shall not come into operation unless and until it is confirmed by resolution of each House of the Oireachtas, but shall as from the date of the passing of the later of such resolutions have statutory effect.

291. Existing nursing service to be deemed Army Nursing Service.

291.—(1)The existing nursing service shall, on the operative date, become and be the Army Nursing Service and every person who immediately before the operative date is a member of the existing nursing service shall by virtue of this section become and be a member of the Army Nursing Service and shall be deemed to have been a member thereof during all the time she was a member of the existing nursing service.

(2)Any agreement entered into by a member of the existing nursing service in relation to her service as a member of the existing nursing service and in force immediately before the operative date shall continue in force and be applicable to her service as a member of the Army Nursing Service.

292. Regulations in relation to the Army Nursing Service.

292.—F419[(1)] The Minister may make regulations in respect of the Army Nursing Service in relation to all or any of the following matters, that is to say:—

(a)the organisation, command and administration thereof;

(b)the grades of appointment therein and the numerical establishment thereof;

(c)the admission and appointment of members thereto;

(d)the agreements to be signed by persons seeking admission thereto and the members thereof;

(e)the conditions of service of members thereof;

(f)the promotion, retirement, discharge and dismissal of members thereof;

(g)the discipline and punishment of members thereof;

(h)the uniform to be worn by members thereof;

F420[(i)the conditions applicable to the issue of pay and allowances of members thereof, and the forfeitures and stoppages of, and the deductions from, such pay and allowances which may be made;]

(j)the leave of members thereof;

(k)any other matter or thing relating to the internal management thereof.

F419[(2) The Minister shall, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine the rates and scales of pay and allowances of members of the Army Nursing Service which shall be published on a website maintained by or on behalf of the Minister.]

PART X. Application of this Act to Defence Forces established under the Defence Forces (Temporary Provisions) Act, 1923.

293. Interpretation of Part X.

293.—(1)In this Part—

the expression “the Act of 1945” means the Defence Forces (Temporary Provisions) Act, 1945 (No. 10 of 1945);

the expression “the Act of 1946” means the Defence Forces (Temporary Provisions) Act, 1946 (No. 7 of 1946);

the expression “the Act of 1947” means the Defence Forces (Temporary Provisions) Act, 1947 (No. 4 of 1947);

the expression “the Act of 1949” means the Defence Forces (Temporary Provisions) Act, 1949 (No. 1 of 1949);

the word “class”, in relation to the existing Reserve of Men, means the class mentioned in column (2) of the Table to this section at reference number 4, 5 or 6;

the word “class”, in relation to the existing Reserve of Officers, means the class mentioned in column (2) of the Table to this section at reference number 1, 2 or 3;

the expression “existing directly enlisted reservist” means a person who is, immediately before the operative date, a man of the existing Reserve of Men and was enlisted therein under section 25 of the No. 2 Act of 1940;

the expression “the existing nursing service” means the nursing service established under the Act of 1923;

the expression “the existing permanent force” means the force established under Part I of the Act of 1923;

the expression “existing regular” means a person who is, immediately before the operative date, a member (not being an officer within the meaning of the Act of 1923) of the existing permanent force;

the expression “existing regular officer” means a person who is, immediately before the operative date, an officer of the existing permanent force;

the expression “the existing reserve force” means the reserve force established under Part III of the Act of 1923;

the expression “existing reserve officer” means a person who is, immediately before the operative date, an officer of the existing Reserve of Officers;

the expression “the existing Reserve of Men” means that part of the existing reserve force which is known as the Reserve of Men;

the expression “the existing Reserve of Officers” means that part of the existing reserve force which is known as the Reserve of Officers;

the expression “existing reservist” means a person who is—

(a)an existing directly enlisted reservist, or

(b)an existing transferred reservist;

the expression “existing transferred reservist” means a person who is, immediately before the operative date, a man of the existing Reserve of Men, and was transferred thereto under section 157 of the Act of 1923;

references to the existing 1923-Act corps of an existing regular or an existing reservist shall be construed as references to the 1923-Act corps in which he was serving immediately before the operative date;

the expression “the No. 2 Act of 1940” means the Defence Forces (Temporary Provisions) (No. 2) Act, 1940 (No. 11 of 1940);

the expression “the prescribed military authority” has the same meaning as it has in section 61;

the expression “1923-Act corps” means a corps for the purposes of the Act of 1923.

(2)For the purposes of this Part—

(a)the class of the Reserve Defence Force mentioned in column (3) of the Table to this section at a particular reference number (being reference number 1, 2 or 3) shall be deemed to correspond to the class of the existing Reserve of Officers mentioned in column (2) of the said Table at that reference number;

(b)the class of the Reserve Defence Force mentioned in column (3) of the said Table at any reference number (being reference number 4, 5, or 6) shall be deemed to correspond to the class of the existing Reserve of Men mentioned in column (2) of the said Table at that reference number.

TABLE TO SECTION 293.

294. Existing forces to be deemed forces established under this Act.

294.—(1)The existing permanent force and the existing nursing service shall, on the operative date, become and be the Permanent Defence Force.

(2)The existing reserve force shall, on the operative date, become and be the Reserve Defence Force.

295. Existing regular officers and existing reserve officers to be deemed to be commissioned under this Act.

295.—F421[…]

296. Existing regulars.

296.—F422[…]

297. Existing reservists.

297.—(1)The following provisions shall, as on and from the operative date, have effect in relation to every existing reservist—

(a)he shall become and be a man of the Reserve Defence Force,

(b)he shall, subject to this Act, hold in the Reserve Defence Force,—

(i)if immediately before the operative date he held in the existing reserve force a non-commissioned military rank set out in column (2) of the Table to section 5 of the Act of 1947, the non-commissioned army rank set out in column (2) of the Third Schedule to this Act which is similar in name to such non-commissioned military rank,

(ii)if immediately before the operative date he held in the existing reserve force the non-commissioned naval rank of warrant officer, the non-commissioned naval rank of warrant officer,

(iii)if immediately before the operative date he held in the existing reserve force any grade of naval rating set out in column (4) of the Table to section 5 of the Act of 1947, the non-commissioned naval rank set out in column (3) of the Third Schedule to this Act which is similar in name to such grade of naval rating,

(c)if he re-engaged for a further period of reserve service under section 12 of the Act of 1946, he shall, for the purposes of Chapter II of Part IV of this Act, be deemed to have re-engaged for service under section 67 as on and from the date on which he re-engaged for service under the said section 12,

(d)he shall belong to the class of the Reserve Defence Force which corresponds to the class of the existing Reserve of Men to which he belongs immediately before the operative date,

(e)if he is an existing transferred reservist, Chapter II of Part IV of this Act shall apply in respect of him as if he had been enlisted under section 53 and for this purpose the following provisions shall have effect—

(i)he shall be deemed to have been enlisted under section 53 as a man of the Permanent Defence Force for service for a period equal to the period which is immediately before the operative date the term of his original enlistment within the meaning of the Act of 1923, and references in the said Chapter II to the term of his original enlistment shall be construed as references to the period for which he is so deemed to have enlisted under section 53,

(ii)his enlistment under section 53 shall be deemed to have been for a portion (equal to the portion of the term of his original enlistment, within the meaning of the Act of 1923, which was, under subsection (2) of section 145 of the Act of 1923, to be in army service) of the term of his original enlistment, within the meaning of this Act, in the Permanent Defence Force and for the residue of the said last-mentioned term in the Reserve Defence Force,

(iii)in case his conditions of service were varied under section 146 of the Act of 1923, his conditions of service shall be deemed to have been likewise varied under section 63,

(iv)the date of his attestation for the purposes of this Act shall be deemed to be—

(I)in case he did not re-enlist under section 3 or 4 of the Act of 1945, the date of his attestation under the Act of 1923,

(II)in case he re-enlisted under section 3 of the Act of 1945, the date which is, by virtue of subparagraph (iv) of paragraph (d) of section 3 of the Act of 1945, the date of his attestation for the purposes of Chapter V of Part II of the Act of 1923,

(III)in case he re-enlisted under section 4 of the Act of 1945, the date which is, by virtue of subparagraph (iv) of paragraph (d) of section 4 of the Act of 1945, the date of his attestation for the purposes of Chapter V of Part II of the Act of 1923,

(v)he shall be deemed to have been transferred to the Reserve Defence Force under section 70 as on and from the date on which he was transferred to the existing reserve force under section 157 of the Act of 1923,

(vi)his service in the existing permanent force shall, for the purposes of this Act, be treated as service in the Permanent Defence Force,

(vii)his service in the existing reserve force shall, for the purposes of this Act, be treated as service in the Reserve Defence Force,

(f)if he is an existing directly enlisted reservist, Chapter II of Part IV of this Act shall apply in respect of him as if he had enlisted under section 55 and for this purpose the following provisions shall have effect—

(i)he shall be deemed to have been enlisted under section 55 to serve as a man of the Reserve Defence Force for a period equal to the period which is immediately before the operative date the term of his original enlistment within the meaning of Chapter II of Part IV of the No. 2 Act of 1940, and references in Chapter II of Part IV of this Act to the term of his original enlistment shall be construed as references to the period for which he is so deemed to have been enlisted under section 55,

(ii)in case his term of original enlistment, within the meaning of Chapter II of Part IV of the No. 2 Act of 1940, was extended under section 26 of that Act, such extension shall be deemed to have been effected under section 66,

(iii)the date of his attestation for the purposes of this Act shall be deemed to be the date of his attestation for the purposes of Chapter II of Part IV of the No. 2 Act of 1940,

(iv)his service in the existing reserve force shall, for the purposes of this Act, be treated as service in the Reserve Defence Force,

(g)he shall be deemed to have been appointed under subsection (2) of section 60 to the service corps which corresponds to his existing 1923-Act corps.

(2)Section 72, in its application to an existing reservist, shall have effect as if for paragraph (b) of subsection (2) there were substituted the following paragraph—

298. Continuance of existing orders, etc.

298.—(1)In this section, the expression “existing statutory instrument” means any order, regulation, rule or bye-law made under the Act of 1923 which is in force immediately before the operative date and which is capable of being made under this Act.

(2)Every existing statutory instrument shall be deemed to have been made under this Act and may be revoked or amended accordingly and, until so revoked and subject to any such amendment, shall continue in force.

(3)In every existing statutory instrument—

(a)references to the existing permanent force and the existing reserve force shall be construed as references to the Permanent Defence Force and the Reserve Defence Force respectively,

(b)references to a particular class of the existing Reserve of Officers or of the existing Reserve of Men shall be construed as references to the corresponding class of the Reserve Defence Force,

(c)references to an officer of a particular class of the existing Reserve of Officers shall be construed as references to an officer of the corresponding class of the Reserve Defence Force,

(d)references to a member (other than an officer) of a particular class of the existing Reserve of Men shall be construed as references to a member (other than an officer) of the corresponding class of the Reserve Defence Force,

(e)references to the existing nursing service shall be construed as references to the Army Nursing Service.

299. Continuance of existing authorisations and directions.

299.—Every authority granted and every direction given under the Act of 1923 which has not been withdrawn before the operative date and which is capable of being granted or given under this Act shall, on and after the operative date, continue in force and have effect as if granted or given under this Act.

300. Offences and convictions under the Act of 1923.

300.—(1)Where before the operative date a court-martial has been convened under the Act of 1923 for the trial of an accused, such trial may be carried on and the accused may be sentenced and punished in the same manner in all respects as if this Act had not come into operation and as if the Act of 1923 were a permanent Act.

(2)Subject to subsection (1) of this section, every offence committed before the operative date against the Act of 1923 may be tried and punished in like manner as if it had been committed against this Act, so however that a person shall not be subject to any greater punishment for such offence than he is subject to immediately before the operative date.

(3)This Act shall apply to the conviction of a person tried under the Act of 1923 as if he had been convicted under this Act, and every sentence imposed and every award of punishment made under the Act of 1923 may, on and after the operative date, be carried into effect in the same manner in all respects as if it had been imposed or made under this Act.

(4)Every person who is under the Act of 1923 in military custody immediately before the operative date shall be deemed to have been taken into service custody under this Act.

301. Existing military prisons and detention barracks.

301.—Any building or part of a building which immediately before the operative date is set apart as and declared to be a military prison or detention barrack under section 137 of the Act of 1923 shall be deemed to be a military prison or detention barrack set apart and so declared under section 232.

PART XI. Amendment and Adaptation of certain enactments.

302. Amendment of the Electoral Act, 1923.

302.—F423[…]

303. Application of the Army Pensions Acts, 1923 to 1949, to Reserve Defence Force.

303.—(1)In this section, the expression “the Acts” means the Army Pensions Acts, 1923 to 1949.

(2)Save as provided by subsection (3) of this section, the expression “the forces” where it occurs in the Acts shall be construed as excluding the Reserve Defence Force.

(3)In the Acts (except sections 10 and 14 of the Army Pensions Act, 1927 (No. 12 of 1927))—

(a)the expression “the forces” shall be construed as including the Reserve of Officers (First Line), and the Reserve of Men (First Line),

(b)the word “soldier” shall be construed as including a man of the Reserve of Men (First Line).

304. Amendment of the Ministers and Secretaries Act, 1924.

304.—(1)For the purposes of subsection (4) of section 15 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), as amended by subsection (2) of section 7 of the Documentary Evidence Act, 1925 (No. 24 of 1925), an officer, serving in F424[Defence Forces Headquarters], shall, in respect of any order or other instrument made by the Minister under or by virtue of this Act, be deemed to be an officer of the Department of Defence.

(2)For the purposes of paragraph (c) of section 17 of the Ministers and Secretaries Act, 1924, an officer serving in F424[Defence Forces Headquarters] shall be deemed to be an officer within the meaning of the said paragraph (c).

305. Amendment of the Military Service Pensions Acts, 1924 to 1949.

305.—In subsections (1) and (3) of section 4 of, and in the Second Schedule to the Military Service Pensions Act, 1924 (No. 48 of 1924), and in section 16 of the Military Service Pensions Act, 1934 (No. 43 of 1934)—

(a)the references to the Defence Forces of Saorstát Éireann shall be construed as including references to the Permanent Defence Force,

(b)the word “discharge” shall—

(i)in relation to an officer of the Permanent Defence Force, mean retirement or resignation, and

(ii)in relation to a man of the Permanent Defence Force who is transferred to the Reserve Defence Force, mean transfer to the Reserve Defence Force.

306. Amendment of the Defence Forces (Pensions) Act, 1932.

306.—(1)The expression “the Forces” where it occurs in the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932), shall, in addition to the meaning assigned to it by section 1 of the said Act, include the Permanent Defence Force, and the said Act and any scheme made under the said Act which is in force immediately before the operative date shall be construed and have effect accordingly.

(2)The expression “the Army Nursing Service” where it occurs in the Defence Forces (Pensions) Act, 1932, or in any scheme made thereunder, shall, in addition to meaning the nursing service established under the Act of 1923, mean the Army Nursing Service established by this Act.

307. Amendment of the Workmen’s Compensation Act, 1934.

307.—Paragraph (d) of subsection (2) of section 5 of the Workmen’s Compensation Act, 1934 (No. 9 of 1934), is hereby amended by the substitution of the words “Permanent Defence Force, or Reserve Defence Force as defined by the Defence Act, 1954” for the words “Defence Forces of Saorstát Éireann, including a member of the Reserve Force established under Part III of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923),” and the said section shall be construed and have effect accordingly.

308. Amendment of section 11 of the Army Pensions Act, 1949.

308.—In section 11 of the Army Pensions Act, 1949 (No. 19 of 1949), and in any scheme made thereunder, the reference to the Reserve—Second Line shall be construed as a reference to the Reserve of Officers (An Fórsa Cosanta Aitiúil), the Reserve of Men (An Fórsa Cosanta Aitiúil), the Reserve of Officers (An Slua Muirí) and the Reserve of Men (An Slua Muirí).

309. Adaptation of references to Defence Forces, etc., in certain enactments.

309.—(1)In this section—

the expression “the Act of 1947” means the Defence Forces (Temporary Provisions) Act, 1947 (No. 4 of 1947);

the expression “enactment to which this section applies” means any enactment being—

(a)any Saorstát Éireann statute or any instrument made thereunder, or

(b)any Act of the Oireachtas passed before the operative date or any instrument made thereunder, or

(c)any scheme made (whether before or after the passing of this Act) under the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932).

(2)In any enactment to which this section applies—

(a)references to the Defence Forces shall be construed as references to the Defence Forces to be raised and maintained under this Act,

(b)references to the forces established under Part I of the Act of 1923 shall be construed as references to the Permanent Defence Force,

(c)references to the reserve force established under Part III of the Act of 1923 shall be construed as references to the Reserve Defence Force,

(d)references to a commissioned military rank set out in the Table to section 3 of the Act of 1947 shall be construed as references to the similar commissioned army rank set out in column (2) of the Second Schedule to this Act or to the commissioned naval rank set out in column (3) of the said Second Schedule which corresponds to such commissioned army rank,

(e)references to a non-commissioned military rank set out in the Table to section 5 of the Act of 1947 at any reference number shall be construed as references to the similar non-commissioned army rank set out in column (2) of the Third Schedule to this Act or to the non-commissioned naval rank set out in column (3) of the said Third Schedule which corresponds to such non-commissioned army rank,

(f)references to the former commissioned rank of major shall be construed as references to the commissioned rank of lieutenant-colonel.

(3)The general adaptations made by this section shall be without prejudice to all specific adaptations made by any other section of this Act, and in the event of any inconsistency between such general adaptations and any such specific adaptation such specific adaptation shall prevail.

310. Service as a major to be regarded as service as a lieutenant-colonel.

310.—Service in the former commissioned rank of major shall for the purposes of this Act and any regulations made thereunder and for the purposes of any scheme made under the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932), be regarded as service as a lieutenant-colonel.

PART XII. Miscellaneous Provisions.

311. Recovery of moneys due or payable to the Minister.

311.—Moneys due and payable to the Minister shall have the like rights, privileges and priorities as are conferred by subsection (2) of section 38 of the Finance Act, 1924 (No. 27 of 1924), on the moneys to which that subsection applies.

312. Restrictions on recruiting for other States.

312.—(1)It shall not be lawful for any person—

(a)to induce, procure or persuade any person in the State to accept or agree to accept any commission or engagement in any military, naval or air force maintained by the Government of any other State, or

(b)to print within the State or cause or procure to be printed within the State any notice or advertisement in relation to the procurement of personnel for any military, naval or air force maintained by the Government of any other State, or

(c)to publish or cause or procure to be published within the State any such notice or advertisement as is mentioned in paragraph (b) of this subsection which is printed within the State.

(2)Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F425[1,000] pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

(3)In this section—

the expression “the Government” in relation to any other State includes any person exercising or assuming to exercise powers of Government in or over such State or any part thereof;

the expression “military, naval or air force” does not include a voluntary aid society duly recognised and authorised for the purposes of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field signed at Geneva on the 12th day of August, 1949.

313. Entertainments under service direction.

313.—(1)So much of any Act as operates to prohibit as respects particular days, or otherwise to restrict or regulate, the keeping, opening or using of premises for purposes of public entertainment or amusement shall not apply to the use, by authority of the Minister, of any building at a camp or station or of any ship for entertainments or amusements under the direction and control of an officer or committee having official responsibility for such matters.

(2)For the purposes of this section—

(a)the expression “public entertainment or amusement” includes public dancing, singing or music, the public performance of stage plays and the giving of cinematograph exhibitions;

(b)where a building or ship is used for the giving of cinematograph exhibitions, the keeping or storing of films shall be deemed to be part of the use thereof for the giving of the exhibitions.

314. Grant of excise licence for military canteens.

314.—Notwithstanding anything contained in the Licensing Acts, 1833 to 1946, or any other enactment, it shall not be necessary for a person holding a canteen under the authority of the Minister to obtain a certificate from a Justice of the District Court to enable him to obtain or hold any excise licence under the said Acts for the sale of intoxicating liquors, and such excise licence may be granted to him accordingly.

315. Right of Minister to claim salvage in respect of services of State ships.

315.—F426[…]

316. Salvage claims by commanders and crews of State ships.

316.—F427[…]

317. Foreign uniforms.

317.—(1)No person shall, save with the consent in writing of a Minister of State, enter or land in the State while wearing any foreign uniform.

(2)No person shall, save with the consent in writing of a Minister of State, go into any public place in the State while wearing any foreign uniform.

(3)A Minister of State may from time to time direct that subsections (1) and (2) of this section shall not during a specified period apply in respect of any particular class (defined in such manner as he thinks fit) of persons, and in that case the said subsections shall not apply during that period in respect of that class of persons.

(4)Every person who contravenes (by act or omission) any provision in subsections (1) or (2) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F428[250] pounds or, at the discretion of the court, to imprisonment for a term not exceeding six months.

(5)Nothing in this section shall restrict, or apply in respect of, the wearing of any uniform by the head of any diplomatic mission duly accredited to the State or by any member of the diplomatic staff of such mission whose appointment as such has been officially notified to the Minister for External Affairs or who is otherwise entitled to diplomatic immunities.

(6)Nothing in this section shall restrict, or apply in respect of, the wearing of any foreign uniform in the course of a stage play or other dramatic representation or performance.

(7)In this section—

the expression “foreign uniform” means the uniform of any armed force of any other State whether operating by land, sea or air, and includes any distinctive part of any such uniform;

the expression “public place” includes any street, road, park or other similar place, and also any place or building to which the public have access on payment of a charge for admission.

318. Service of solicitors’ apprentices in the existing Defence Forces.

318.—F429[…]

PART XIII. Comhlacht Formhaoirsithe Seachtrach Óglaigh na hÉireann.]

319. F431[Interpretation (Part XIII).

319.—In this Part—

"committee" means a committee of the External Oversight Body established undersection 328;

"establishment day" means the day appointed undersection 320;

"financial year", in relation to the External Oversight Body, means a period of 12 months ending on 31 December in any year and, in the case of the first financial year of the External Oversight Body, means the period commencing on the establishment day and ending on 31 December in the year in which the establishment day falls.]

320. F432[Establishment day.

320.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Part.]

321. F433[Comhlacht Formhaoirsithe Seachtrach Óglaigh na hÉireann.

321.—(1) There shall stand established on the establishment day a body to be known as Comhlacht Formhaoirsithe Seachtrach Óglaigh na hÉireann (in this Act referred to as the "External Oversight Body") to perform the functions assigned to it by this Act or any other enactment.

(2) The External Oversight Body shall have all such powers as are necessary or expedient for the performance of its functions.

(3) The External Oversight Body shall be independent in the performance of its functions.

(4) The Thirteenth Schedule shall apply to the External Oversight Body.]

322. F434[Functions of External Oversight Body.

322.—(1) The External Oversight Body shall oversee and monitor the management of human resources of the Defence Forces by the Defence Forces and for those purposes—

(a) shall provide such advice to the Minister on matters arising as the External Oversight Body considers appropriate,

(b) shall, when requested by the Minister, or may, on its own initiative, conduct a review and make such recommendations to the Minister, for consideration, as it considers appropriate,

(c) shall furnish to the Minister, in such format as he or she may require, such information as the Minister may from time to time require, and

(d) shall keep the Minister informed of relevant matters.

(2) In this section, "management of human resources of the Defence Forces" includes—

(a) the recruitment of members of the Defence Forces,

(b) the induction, training (other than military training exercises), education and performance management of members of the Defence Forces,

(c) the operation of a competition process for the promotion of members of the Defence Forces,

(d) the operation of a complaint or grievance process by or under section 114,

(e) the preparation and issue of guidance documents by the Defence Forces relating to the management of human resources, and

(f) any other matter that might reasonably be connected to the management of human resources of the Defence Forces.]

323. F435[Membership of External Oversight Body.

323.—(1) The External Oversight Body shall consist of no fewer than 7 members and no greater than 9 members being—

(a) a chairperson,

(b) no fewer than 5 and no greater than 7 ordinary members, and

(c) the Secretary General of the Department of Defence who shall be anex officiomember.

(2) Subject to subsections (3) and (11), the members of the External Oversight Body referred to in paragraphs (a) and (b) of subsection (1) shall be appointed by the Minister.

(3) Of the persons appointed under paragraphs (a) and (b) of subsection (1) to be members of the External Oversight Body—

(a) at least 1 person shall, in the opinion of the Minister, have sufficient experience and expertise relating to the functions of the External Oversight Body,

(b) at least 1 person shall, in the opinion of the Minister, have sufficient experience and expertise relating to organisational governance, management or public administration,

(c) at least 1 person shall, in the opinion of the Minister, have sufficient experience and expertise relating to the financial matters including the allocation, management of and accountability for the effective use of financial resources, and

(d) at least 1 person shall, in the opinion of the Minister, have sufficient direct leadership experience of military transformation in another jurisdiction.

(4) The Minister shall, in so far as is practicable, endeavour to ensure that among the members of the External Oversight Body there is an equitable balance between men and women.

(5) Subject to subsections (6) and (7), the chairperson of the External Oversight Body shall be appointed by the Minister from among the members of the External Oversight Body.

(6) The Minister may, before the establishment day of the External Oversight Body, designate a person to be appointed as the first chairperson of the External Oversight Body.

(7) The person appointed (or designated under subsection (6)) as chairperson of the External Oversight Body shall not have served as a member of the Defence Forces or as a member of the defence forces of a state other than the State.

(8) If, immediately before the establishment day, a person stands designated under subsection (6), the person shall, on that day, stand appointed as the first chairperson of the External Oversight Body.

(9) The Minister may, before the establishment day, designate persons to be appointed as the first ordinary members of the External Oversight Body.

(10) Where, immediately before the establishment day, a person stands designated under subsection (9), the person shall, on that day, stand appointed as an ordinary member of the External Oversight Body.

(11) Subsections (2) and (3) shall not apply in respect of—

(a) the designation of a person as the first chairperson of the External Oversight Body under subsection (6), and

(b) the designation of persons as the first ordinary members of the External Oversight Body under subsection (9).

(12) Subject to section 329(7), the External Oversight Body may act notwithstanding one or more than one vacancy in its membership.]

324. F436[Consultation in respect of certain appointments.

324.—(1) The Minister may, prior to—

(a) the commencement of a process for the selection of a person for appointment under section 12, or

(b) the holding of a competition in any other case, as the case may be,

consult with the External Oversight Body regarding the selection criteria and recruitment process applicable in respect of—

(i) an appointment under section 12,

(ii) a promotion under section 45 to the rank of Brigadier-General,

(iii) an appointment of a civil servant (within the meaning of theCivil Service Regulation Act 1956) to work directly with the Defence Forces, or

(iv) the employment of a civilian under section 30(1)(g).

(2) In subsection (1)—

(a) a reference to a civil servant means a civil servant not below the rank of principal officer, and

(b) a reference to a civilian means a civilian holding a position with a salary no lower than the first point of the salary scale of a person holding the rank of principal officer in the civil service.]

325. F437[Power of External Oversight Body to request information.

325.—(1) Where, in the opinion of the External Oversight Body, the Chief of Staff possesses information or possesses or controls a document or thing that is relevant to the performance by the External Oversight Body of its functions, the External Oversight Body may request in writing the Chief of Staff—

(a) to give to the External Oversight Body such information, document or thing, and

(b) where appropriate, to attend a meeting with the External Oversight Body.

(2) Where the External Oversight Body makes a request of the Chief of Staff under subsection (1), the Chief of Staff—

(a) shall, subject to subsection (3), as soon as practicable comply with the request, and

(b) may, where he or she believes that it would be of assistance to the External Oversight Body, request that any of the following persons accompany him or her to attend the meeting with the External Oversight Body:

(i) an officer of the Permanent Defence Force not below the army rank of colonel or the equivalent naval rank;

(ii) a civil servant (within the meaning of theCivil Service Regulation Act 1956) not below the rank of principal officer who works directly with the Defence Forces.

(iii) a civilian employed under section 30(1)(g) holding a position with a salary no lower than the first point of the salary scale of a person holding the rank of principal officer in the civil service.

(3) The Chief of Staff may, upon receipt of a request under subsection (1), withhold or redact any information, document or thing, where in the opinion of the Chief of Staff, the giving of such information, document or thing may affect adversely—

(a) an ongoing investigation under Part V or an ongoing proceeding before a court-martial,

(b) the security of the State,

(c) the defence of the State,

(d) matters relating to Northern Ireland, or

(e) international relations of the State.

(4) Where the Chief of Staff is of the opinion that subsection (3) applies in relation to a request made of him or her, the Chief of Staff shall so notify the External Oversight Body in writing.

(5) The Chief of Staff shall, upon receipt of a request under subsection (1), redact all personal data (within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^1) to which that request relates from the information, document or thing concerned before giving that information, document or thing to the External Oversight Body.]

326. F438[Terms of appointment and conditions of office of members of External Oversight Body.

326.—(1) Subject to subsection (2), a member, other than theex officiomember, of the External Oversight Body shall hold office, unless the member sooner dies, resigns, becomes disqualified or is removed from office, for such period, not exceeding 4 years from the date of his or her appointment, as the Minister shall determine.

(2) Of the ordinary members of the External Oversight Body who are first appointed under this Act—

(a) 3 members shall hold office for a period of 4 years from the date of their respective appointments as such ordinary members, and

(b) the remaining members shall hold office for a period of 3 years from the date of their respective appointments as such ordinary members.

(3) Subject to subsection (4), a member of the External Oversight Body whose term of office expires by the effluxion of time shall be eligible for reappointment to the External Oversight Body.

(4) A person who is reappointed by the Minister to the External Oversight Body in accordance with subsection (3) shall not hold office for consecutive periods of more than 8 years.

(5) The chairperson and ordinary members of the External Oversight Body shall hold office on such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, at the time of appointment or reappointment, and be paid out of moneys at the disposal of the External Oversight Body.

(6) A member of the External Oversight Body may resign from office by notice in writing addressed to the Minister and the resignation shall take effect on the date the Minister receives the notice, or, if a date is specified in the notice and the Minister agrees to that date, on that date.]

327. F439[Removal of member of External Oversight Body.

327.—(1) The Minister may remove a member of the External Oversight Body from office where he or she is satisfied that one or more of the grounds specified in subsection (2) apply in respect of the member.

(2) The following grounds are specified for the purposes of subsection (1):

(a) the member has, without reasonable excuse, failed to discharge his or her functions;

(b) the member has become incapable through ill-health or otherwise of effectively performing his or her functions;

(c) the member has committed stated misbehaviour;

(d) the member has a conflict of interest of such significance that he or she should cease to hold office;

(e) the member is otherwise unfit to hold the office or unable to discharge his or her functions.

(3) Where the Minister proposes to remove a member of the External Oversight Body pursuant to subsection (1), he or she shall notify, or cause to be notified, the member concerned in writing of the proposal.

(4) A notification under subsection (3) shall include—

(a) a statement of the reasons for the proposal,

(b) a statement that the member of the External Oversight Body concerned may, within 30 working days of the sending of the notification or such longer period as the Minister may specify, make representations in such manner as may be specified in the notification to the Minister as to why he or she should not be removed from office, and

(c) a statement that, where no representations are received within the period specified under paragraph (b), the Minister may, without further notice, proceed with the removal of the member of the External Oversight Body from office in accordance with this section.

(5) The Minister shall, in considering whether to remove a member of the External Oversight Body from office in accordance with this section, take into account—

(a) any representations made in accordance with subsection (4)(b), and

(b) any other matters that the Minister considers relevant for the purposes of the decision.

(6) Where, having taken into account the representations (if any) and matters referred to in subsection (5), the Minister decides to remove the member of the External Oversight Body from office, he or she shall notify that member in writing of the decision and of the reasons for it.]

328. F440[Committees of External Oversight Body.

328.—(1) The External Oversight Body may establish such and so many committees as it thinks fit to assist and advise it in relation to the performance of any or all of its functions under this Act or any other enactment.

(2) A committee—

(a) shall consist of such number of members of the External Oversight Body as the External Oversight Body may determine,

(b) may include any number of civil servants (within the meaning of the Civil Service Regulation Act 1956) assigned to the External Oversight Body under section 330 as the External Oversight Body may determine, and

(c) may, subject to paragraphs 7 and 8 of the Thirteenth Schedule, include persons who are not members of the External Oversight Body.

(3) In appointing the members of a committee, the External Oversight Body shall have regard to—

(a) the range of qualifications and experience necessary for the proper and effective performance of the functions of the committee, and

(b) the desirability of there being an equitable balance between men and women on the committee.

(4) The chairperson of a committee shall be appointed by the External Oversight Body from among the members of the committee.

(5) A member of a committee may be removed from office at any time by the External Oversight Body for stated reasons.

(6) The External Oversight Body may determine the terms of reference and regulate the procedure of a committee.

(7) The acts of a committee shall be subject to confirmation by the External Oversight Body unless the External Oversight Body otherwise determines.

(8) A committee shall provide the External Oversight Body with such information as the External Oversight Body may from time to time require, in respect of the committee’s activities and operations, for the purposes of the performance by the External Oversight Body of its functions.

(9) The External Oversight Body may at any time dissolve a committee.

(10) A committee may act notwithstanding one or more than one vacancy in its membership.]

329. F441[Meetings and business of External Oversight Body.

329.—(1) The External Oversight Body shall hold such and so many meetings, which shall be no less than 6 meetings in every 12 month period, as may be necessary for the performance of its functions.

(2) The chairperson of the External Oversight Body shall fix the date, time and place of the first meeting of the External Oversight Body which shall be a date no later than the end of the period of 3 months beginning on the establishment day.

(3) The chairperson of the External Oversight Body may call a meeting of the External Oversight Body to be held at any reasonable time.

(4) Any 4 members of the External Oversight Body may call a meeting of the External Oversight Body where the chairperson—

(a) refuses to call a meeting after being presented with a request for that purpose signed by not fewer than 4 members of the External Oversight Body, or

(b) without refusing to call a meeting, does not call one within 7 days after being presented with a request under paragraph (a).

(5) The members present at a meeting called under subsection (4) shall choose one of their number to chair the meeting.

(6) At a meeting of the External Oversight Body—

(a) the chairperson of the External Oversight Body shall, where present, chair the meeting, or

(b) where and so long as the chairperson of the External Oversight Body is not present or where that office is vacant, the other members of the External Oversight Body who are present shall choose one of their number to chair the meeting.

(7) The quorum for a meeting of the External Oversight Body shall—

(a) where subsection (4) applies, be 3 members and the member chosen under subsection (5) to chair the meeting,

(b) where paragraph (b) of subsection (6) applies, be 3 members and the member chosen under the said paragraph (b) to chair the meeting, and

(c) in any other case, be 4 members and the chairperson of the External Oversight Body.

(8) Each member of the External Oversight Body present at a meeting of the External Oversight Body shall have a vote.

(9) Every question at a meeting of the External Oversight Body on which a vote is required shall be determined by a majority of the votes of the members of the External Oversight Body present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(10) In addition to a meeting with all participants physically present, the External Oversight Body may hold or continue a meeting by the use of any means of communication by which all the participants can hear and be heard at the same time (in this section referred to as a "remote meeting").

(11) A member of the External Oversight Body who participates in a remote meeting is taken for all purposes to have been present at the meeting.

(12) Subject to this Part, the External Oversight Body may determine its own procedures.]

330. F442[Staff and premises of External Oversight Body.

330.—(1) The Minister shall assign to the External Oversight Body such and so many staff as he or she considers appropriate for the discharge by the External Oversight Body of its functions.

(2) A member of staff assigned to the External Oversight Body shall be a civil servant (within the meaning of the Civil Service Regulation Act 1956).

(3) The Minister shall, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, provide the External Oversight Body with appropriate premises in which to perform its functions.]

331. F443[Power of External Oversight Body to enter into contracts and engage consultants and advisers.

331.—(1) The External Oversight Body, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, may—

(a) engage such consultants or advisers as the External Oversight Body considers necessary to assist in the performance of its functions, and

(b) enter into a contract with any person or body concerning any matter arising in relation to its functions.

(2) There shall be paid out of the resources at the disposal of the External Oversight Body, to consultants, advisers, persons or bodies referred to in subsection (1), such fees (if any) or allowances for expenses (if any) incurred by the consultant, adviser, person or body, as the case may be, as the External Oversight Body, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine.

(3) The engagement of a consultant or adviser under paragraph (a) of subsection (1) and a contract under paragraph (b) of that subsection shall be for such period and on such terms and conditions as the External Oversight Body may determine.]

332. F444[Strategy statement for External Oversight Body.

332.—(1) The External Oversight Body shall—

(a) as soon as practicable after the establishment day prepare and submit to the Minister a strategy statement in respect of the period of 3 years immediately following the year in which the strategy statement is so submitted, and

(b) during the period of 6 months before the expiry of the period of 3 years to which the statement of strategy for the time being in effect applies, prepare and submit to the Minister a statement of strategy in respect of the period of 3 years immediately following the year in which the first-mentioned statement of strategy expires.

(2) A strategy statement under this section shall include—

(a) the key objectives, outputs and related strategies, including the use of resources, of the External Oversight Body in relation to the period to which the statement relates, and

(b) except in the case of the strategy statement first prepared under this section, a review and an evaluation of the work of the External Oversight Body in the performance of its functions in the previous 3 years.

(3) In preparing a strategy statement under this section, the External Oversight Body shall have regard to—

(a) the need to ensure the most beneficial, effective and efficient use of the resources available to it, and

(b) the policies of the Government or any Minister of the Government to the extent that those policies may affect or relate to the functions of the External Oversight Body.

(4) The External Oversight Body shall, before submitting a strategy statement to the Minister under subsection (1)—

(a) publish, in such manner as the External Oversight Body considers appropriate, a draft of the strategy statement,

(b) allow persons 30 days from the date of publication under paragraph (a) within which to make representations in writing to the External Oversight Body with regard to the draft of the strategy statement, and

(c) having considered the representations (if any) made pursuant to paragraph (b), submit the strategy statement to the Minister with or without modifications.

(5) The Minister shall cause a strategy statement received by him or her under subsection (1) to be laid before each House of the Oireachtas as soon as practicable after it is received.

(6) The External Oversight Body shall ensure that, as soon as practicable after the strategy statement is laid before each House of the Oireachtas, the strategy statement is published on a website maintained by or on behalf of the External Oversight Body or in such other manner as the External Oversight Body considers appropriate.]

333. F445[Annual report of External Oversight Body.

333.—(1) The External Oversight Body shall, not later than 3 months after the end of each year, prepare and submit to the Minister a report on its activities during the preceding year.

(2) If, under subsection (1), the first annual report would relate to a period of less than 6 months, that report shall, notwithstanding that subsection, instead relate to the performance of the functions of the External Oversight Body during that period and the year immediately following that period and the External Oversight Body shall prepare, and submit to the Minister, that first annual report as soon as may be, but not later than 3 months, after the end of that year.

(3) A report referred to in subsection (1) shall include a statement of the arrangements of the External Oversight Body for operating according to standards of good governance.

(4) The Minister shall cause a copy of a report referred to in subsection (1) to be laid before each House of the Oireachtas as soon as practicable after he or she receives the report.

(5) The External Oversight Body shall ensure that, as soon as practicable after a copy of a report under this section is laid before each House of the Oireachtas, the report is published on a website maintained by or on behalf of the External Oversight Body or in such other manner as the External Oversight Body considers appropriate.]

334. F446[Grants paid by Minister to External Oversight Body.

334.—In each financial year, the Minister may, after consultation with the External Oversight Body, advance to the External Oversight Body out of moneys provided by the Oireachtas such sums as appear to the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, to be reasonably sufficient for the purposes of expenditure by the External Oversight Body in the performance of its functions.]

335. F447[Accounts of External Oversight Body.

335.—(1) The External Oversight Body shall keep, or cause to be kept, in such form as may be approved by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, all proper and usual accounts of all money received or expended by it and, in particular, shall keep in such form as may be approved by the Minister all such special accounts (if any) as the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, from time to time direct.

(2) Accounts kept in accordance with subsection (1) shall be submitted, not later than 1 April in the year immediately following the financial year to which they relate or on such earlier date as the Minister, after consultation with the Minister for Public Expenditure, National Development Plan Delivery and Reform, may direct, to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall, as soon as may be after they are so presented, cause copies thereof to be laid before each House of the Oireachtas.]