Defence Forces
Constitution of the Defence Forces
The Defence Forces are comprised of the Permanent Defence Force and the Reserve Defence Force, each consisting of army, naval, and air components. The Permanent Defence Force includes officers, enlisted men, and members of the Army Nursing Service, while the Reserve Defence Force includes officers and enlisted men who can be called upon when needed.
The Reserve Defence Force is organized into multiple classes, including the Reserve of Officers and the Reserve of Men, each with subdivisions reflecting specific operational and administrative functions. These classes facilitate structured reserve operations and can be adjusted or abolished by the Minister depending on the strategic needs.
Chief of Staff and Deputies
The Defence Forces are led by the Chief of Staff, who is supported by two Deputy Chiefs of Staff, one for Operations and another for Support. These roles are appointed by the President and are critical for the strategic and operational oversight of the Defence Forces.
The appointments are for terms not exceeding five years, with eligibility for reappointment, ensuring leadership continuity. The Chief of Staff has the authority, under the Minister’s approval, to delegate duties to the Deputy Chiefs as necessary.
Many of the key functions are exercised by the Government in the name of the President. The President has no discretion in relation to the exercise of these powers by the Government.
Operational Control and Military Command
The Government holds the ultimate military command and administrative powers over the Defence Forces. This includes the authority to delegate these powers.
The Minister can also divide the State into various administrative areas for more effective control and may prescribe specific roles and the mode of command to officers within the Defence Forces.
The Council of Defence assists and advises the Minister of Defence on all matters pertinent to the department’s business. This council is composed of two civil members—the Minister of State at the Department of Defence and the Secretary of the Department of Defence—and three military members: the Chief of Staff, the Adjutant-General, and the Quartermaster-General. The Secretary of the Department also serves as the secretary to the Council, which convenes at the discretion of the Minister.
Military Branches and Inspectorate
The Defence Forces Headquarters, under the Chief of Staff’s leadership, manages all branches of the military. An Inspector-General may be appointed to oversee operational standards and compliance within the Defence Forces, ensuring accountability and efficiency. This role, filled by an officer of the Defence Forces, is appointed at the President’s pleasure and tasked with duties as specified by the Government.
Judge Advocate-General
The position of Judge Advocate-General is established to oversee legal proceedings within the Defence Forces. This role is filled by a practising barrister with at least ten years of experience who is not a member of the Defence Forces, ensuring impartiality.
The Judge Advocate-General is appointed by the President and is responsible for duties assigned by the Government.
Military Education and Training
The Minister may establish military colleges and other educational institutions to provide training and education to Defence Forces members. These institutions are governed by regulations concerning staffing, curriculum, and administration, ensuring they meet the highest standards of military education.
Special Powers for Defense Operations
The Minister holds significant powers to construct, maintain, and manage military infrastructure and operations. This includes the authority to erect defense works, commission military vessels, and establish factories for arms and service equipment. Additionally, the Minister can employ civilians within the Defence Forces and its associated establishments, highlighting the integration of civilian skills in military contexts.
Land Acquisition and Use
For operational and training purposes, the Minister may acquire land by agreement or compulsorily, with provisions for fair compensation to affected landowners. This includes the right to enter and inspect land and, if necessary, take possession before compensation is finalized, ensuring that the Defence Forces can timely access required lands.
General Provisions and Regulations
The Minister has the authority to issue regulations that facilitate the administration and operation of the Defence Forces. This includes the establishment of service corps, the specification of military ranks, and the handling of non-commissioned officers. Additionally, regulations can address the billeting of Defence Forces personnel in both emergency and peacetime scenarios, ensuring adequate provisions are made for military personnel during deployments.
“Óglaigh na hÉireann”
It is an offence for a person to use the term “Óglaigh na hÉireann” as the name, title, description or styling of an organisation, group, association or other body of persons except where authorised in law. A person who commits an offence shall be liable on summary conviction to a class D fine.
External Oversight Body
Part XIII of the Defence Act provides for the establishment and operation of an External Oversight Body for the Defence Forces. The establishment of an External Oversight Body was a key recommendation accepted by the Government in the Report of the Independent Review Group on Dignity and Equality in the Defence Forces.
The official name of the Body is “Comhlacht Formhaoirsithe Seachtrach Óglaigh na hÉireann”. The functions of the body are set out in the 2024 Act and include overseeing and monitoring the management of human resources by the Defence Forces and advising the Minister for Defence in relation to the same. This Act provides for the funding of the External Oversight Body.