DEFENCE (AMENDMENT) ACT, 1990

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF ASSOCIATIONS TO REPRESENT MEMBERS OF THE DEFENCE FORCES FOR CERTAIN PURPOSES AND FOR CONNECTED MATTERS. [11th April, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Definitions.

1.—In this Act, unless the context otherwise requires—

“association” means an association established under section 2 (1) of this Act;

“member” means an officer, non-commissioned officer, private or seaman of the Defence Forces;

“operation” means a task undertaken or intended to be undertaken by the Defence Forces in the discharge of their duties;

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

“remuneration” means pay, allowances, gratuities or grants payable by the Minister to a member or any pension, retired pay or gratuity for which a member may be eligible in respect of or arising out of his service as such a member.

2 Representative associations.

2.—(1) Subject to section 3 of this Act, the Minister may provide by regulations for the establishment of an association or associations (in this Act referred to as an “association”) for the purpose of representing members of such rank or ranks of the Defence Forces as may be specified in the regulations in relation to matters affecting their remuneration and such other matters as the Minister may specify in the regulations, but excluding matters relating to any operation and the raising, maintenance, command, constitution, organisation and discipline of the Defence Forces under the Principal Act and offences in relation to the Defence Forces and military property under that Act.

• (2) An association shall represent under subsection (1) of this section only members of the association.

• (3) An association shall be independent of and shall not, without the consent of the Minister, be associated with or affiliated to any trade union or any other body.

• (4) A member shall not become or be a member of a trade union, or of any other body (other than an association), which seeks to influence or otherwise be concerned with the remuneration or other conditions of service of members.

• (5) The Minister shall determine any question that arises as to whether any trade union or any other body is a trade union or body to which subsection (4) of this section applies.

• (6) The Minister may provide by regulations for the establishment of a system of conciliation and arbitration in respect of such matters, in relation to which an association represents members, as the Minister may specify in the regulations.

• (7) Regulations under this section may provide for such ancillary, subsidiary and connected matters as the Minister considers necessary or expedient.

3 Suspension in certain circumstances of associations.

3.—(1) Whenever an order under section 4 (1) of the Principal Act comes into operation, any association shall thereupon become and be suspended and an association shall not be established under section 2 (1) of this Act while the order is in force.

• (2) If, following the coming into operation of such an order as aforesaid, an association is suspended, then, as soon as may be after the revocation of that order, the Minister shall revoke the suspension.

4 Members on active service.

4.—Subject to section 5 of this Act, an association shall not represent, or have as a member of any governing or other body or committee of the association, a member who is on active service.

5 Members serving outside State.

5.—The Minister may provide by regulations that an association for members of a specified rank or ranks of the Defence Forces may represent such members serving outside the State, whether with an International United Nations Force (within the meaning of the Defence (Amendment) (No. 2) Act, 1960) or otherwise, in relation to such matters and to such extent as may be specified in the regulations.

6 Persons subject to military law.

6.—A person who is subject to military law shall neither endeavour to persuade nor conspire with any other person to endeavour to persuade a member to join a trade union or other body (other than an association) referred to in section 2 (4) of this Act.

7 Laying of regulations before Houses of Oireachtas.

7.—Every regulation made under section 2 or 5 of this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

8 Short title, collective citation, construction and commencement.

8.—(1) This Act may be cited as the Defence (Amendment) Act, 1990.

• (2) The Defence Acts, 1954 to 1987, and this Act may be cited together as the Defence Acts, 1954 to 1990, and shall be construed together as one Act.

• (3) This Act shall come into operation on such day or days as may be appointed by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be so appointed for different purposes and different provisions of this Act.