DEFENCE (AMENDMENT) (No. 2) ACT, 1960

AN ACT TO AUTHORISE, SUBJECT TO THE PREVIOUS APPROVAL OF DÁIL ÉIREANN IN CERTAIN CIRCUMSTANCES, THE DESPATCH OF CONTINGENTS OF THE PERMANENT DEFENCE FORCE FOR SERVICE OUTSIDE THE STATE WITH INTERNATIONAL FORCES ESTABLISHED BY THE SECURITY COUNCIL OR THE GENERAL ASSEMBLY OF THE UNITED NATIONS FOR THE PERFORMANCE OF DUTIES OF A POLICE CHARACTER, TO EXTEND THE AREA OF SERVICE OF CERTAIN MEMBERS OF THE PERMANENT DEFENCE FORCE, AND FOR THOSE PURPOSES TO AMEND THE DEFENCE ACT, 1954, IN CERTAIN RESPECTS AND TO PROVIDE FOR OTHER RELATED MATTERS. [21st December, 1960.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1. Interpretation.

1.—(1) In this Act—

the expression “the Principal Act” means the Defence Act, 1954;

the expression “International United Nations Force” means an international force or body established by the Security Council or the General Assembly of the United Nations for the performance of duties of a police character.

• (2) This Act shall be construed as one with the Principal Act.

2. Despatch of contingents of the Permanent Defence Force for service outside the State with International United Nations Forces.

2.—(1) F1[Subject to subsections (2), (3), and (4)] of this section, a contingent of the F1[Defence Forces] may be despatched for service outside the State as part of a particular International United Nations Force if, but only if, a resolution has been passed by Dáil Éireann approving of the despatch of a contingent of the F1[Defence Forces] for service outside the State as part of that International United Nations Force.

• (2) A contingent of the F1[Defence Forces] may be despatched for service outside the State with a particular International United Nations Force without a resolution approving of such despatch having been passed by Dáil Éireann, if, but only if—

• (a) that International United Nations Force is unarmed, or

• (b) the contingent consists of not more than twelve members of the F1[Defence Forces], and the number of members of the F1[Defence Forces] serving outside the State with that International United Nations Force will not, by reason of such despatch, be increased to a number exceeding twelve, or

• (c) the contingent is intended to replace, in whole or in part, or reinforce a contingent of the F1[Defence Forces] serving outside the State as part of that International United Nations Force and consisting of more than twelve members of the F1[Defence Forces].

• F2[(3) A contingent or member of the F1[Defence Forces] may, with the prior approval of and on the authority of the Government, be despatched for service outside the State as part of a force to be assembled or embarked before being deployed as part of a particular International United Nations Force if, but only if, the contingent or member is not so deployed until a resolution under subsection (1) of this section has been passed by Dáil Éireann approving of their despatch for such service.]

• F3[(4) A member of the Reserve Defence Force shall not be despatched under subsection (1), (2) or (3) unless that member has consented to the despatch in accordance with section 86A or 91A, as the case may be, of the Principal Act.]

3. Liability of certain members of the Permanent Defence Force for service with International United Nations Forces.

3.—F4[…]

4. Amendments of the Principal Act.

4.—(1) A member of the F5[Defence Forces] who is serving outside the State with an armed International United Nations Force shall, for the purposes of the Principal Act, be deemed, while so serving, to be on active service.

• (6) Subject to subsection (7) of this section, section 61 of the Principal Act is hereby amended by—

• (a) the insertion after subparagraph (i) in paragraph (b) of subsection (2) of the following subparagraph:

• “(ia) the transfer is for the purpose of enabling the man to serve, or continue to serve, outside the State with an International United Nations Force and is effected either during, or not more than one month before the commencement of, such service, or”,

• (b) the insertion after “transfer” in subsection (3) of “or the transfer is for the purpose of enabling the man to serve, or continue to serve, outside the State with an International United Nations Force and is effected either during, or not more than one month before the commencement of, such service”, and

• (c) the insertion after subsection (4) of the following subsection:

• “(5) A man of the Permanent Defence Force who by virtue of this section or section 296 of this Act is transferred from one service corps to another service corps for the purpose of enabling the man to serve, or continue to serve, outside the State with an International United Nations Force, shall, on the completion of such service, be transferred by the prescribed military authority with all convenient speed to the first mentioned service corps.”

• (3) Subject to subsection (7) of this section, section 70 of the Principal Act is hereby amended by—

• (i) the insertion after “service is in force” in both paragraph (b) of subsection (3) and paragraph (b) of subsection (4) of “or he is serving outside the State with an International United Nations Force”, and

• (ii) the insertion after “proclamation is in force” in both subparagraph (i) of the said paragraph (b) of the said subsection (3) and the said paragraph (b) of the said subsection (4) of “or the period of such service outside the State with an International United Nations Force, as the case may be, or, where the two periods occur and there is no interval of time between them, the period from the commencement of the period which occurs first to the expiration of the other period”.

• (4)
• (a) F6[Section 75] of the Principal Act shall, in its application to a man of the Permanent Defence Force who is serving outside the State with an International United Nations Force, have effect as if the references therein to a period of emergency included references to a period during which the man is serving outside the State with an International United Nations Force F7[or for any purpose specified in section 3 of the Defence (Amendment) Act 2006].

• (b) Where, in relation to a man of the Permanent Defence Force, a period (being either a period of emergency or a period in which the man is serving outside the State with an International United Nations Force) is followed within three months after its expiration by a period (being either a period of emergency or a period in which the man is serving outside the State with an International United Nations Force), the former period shall, for the purposes of subsection (3) of section 75 of the Principal Act be deemed to have terminated at the time of the termination of the latter period.

• (5) Regulations made under subsection (4) of section 192 of the Principal Act and providing that the exercise of the jurisdiction conferred on courts-martial by section 169 of the Principal Act shall depend on the consent of a civil authority specified in the regulations shall not apply in relation to the exercise of that jurisdiction by a court-martial for the trial of a member of the F5[Defence Forces] for an offence committed by him while serving outside the State with an International United Nations Force.

• (6) Subject to subsection (7) of this section, section 296 of the Principal Act is hereby amended by—

• (a) the insertion after clause (I) in subparagraph (ii) of paragraph (b) of subsection (2) of the following clause:

• “(Ia) the transfer is for the purpose of enabling the man to serve, or continue to serve, outside the State with an International United Nations Force and is effected either during, or not more than one month before the commencement of, such service, or”,

• (b) the insertion after “transfer” in paragraph (c) of the said subsection (2) of “or the transfer is for the purpose of enabling the man to serve, or continue to serve, outside the State with an International United Nations Force and is effected either during, or not more than one month before the commencement of, such service”, and

• (c) the insertion after “service is in force” in both sub paragraphs (a) and (b) of subsection (3) of “or he is serving outside the State with an International United Nations Force”.

• (7) F8[…]

5. Application of section 11 of Wills Act, 1837, and Wills (Soldiers and Sailors) Act, 1918.

5.—F9[…]

6. Registration of certain births and deaths occurring outside the State.

6.—F10[…]

7. Repeal.

7.—The Defence (Amendment) Act, 1960, is hereby repealed.

8. Short title and collective citation.

8.—(1) This Act may be cited as the Defence (Amendment) (No. 2) Act, 1960.

• (2) The Principal Act and this Act may be cited together as the Defence Acts, 1954 and 1960.