Defence Forces
DEFENCE ACT
Section 11
The Council of Defence.
11.—(1) There shall stand established a body to be called the Council of Defence (in this section referred to as the Council) to aid and counsel the Minister on all matters in relation to the business of the Department of Defence on which the Minister may consult the Council.
(2) The Council shall consist of two civil members, namely, the F15[Minister of State at the Department of Defence] and the Secretary of the Department of Defence, and three military members, namely, the Chief of Staff, the Adjutant-General and the Quartermaster-General.
(3) The Secretary of the Department of Defence shall be secretary of the Council.
(4) The Council shall meet whenever summoned by the Minister.
Annotations
Amendments:
F15
Substituted (1.01.1978) by Ministers and Secretaries (Amendment) (No. 2) Act 1977 (28/1977), s. 5, S.I. No. 378 of 1977.
Modifications (not altering text):
C13
Terms “Adjutant-General” and “Quartermaster-General” construed (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 10(3), S.I. No. 366 of 1998.
Adaptations.
10.— …
(3) (a) References in sections 11 and 40 of the Principal Act to the Adjutant-General shall be construed as references to the Deputy Chief of Staff (Operations).
(b) References in the said sections 11 and 40 to the Quartermaster-General shall be construed as references to the Deputy Chief of Staff (Support).
Section 12
The Chief of Staff, the Adjutant-General and the Quartermaster-General.
12.—(1) There shall be—
(a) a Chief of Staff of the Defence Forces,
F16[(b) a Deputy Chief of Staff (Operations) of the Defence Forces, and
(c) a Deputy Chief of Staff (Support) of the Defence Forces.]
F17[(2) (a) An appointment to the office of Chief of Staff shall be made by the President.
(b) Every person appointed to the office of Chief of Staff shall be an officer of the Permanent Defence Force.
(c) Every holder of the office of Chief of Staff shall hold that office for such term (not exceeding 5 years) as may be specified in the instrument of his or her appointment but shall be eligible for re-appointment on the expiration of that term.
(d) Where the holder of the office of Chief of Staff ceases to be an officer of the Permanent Defence Force, he or she shall also cease to hold the office of Chief of Staff.
(e) The President may, for stated reasons, remove the Chief of Staff from office.]
F18[(3) (a) In this subsection, “the Deputy Chief of Staff” means, as the context may require, the Deputy Chief of Staff (Operations) or the Deputy Chief of Staff (Support).
(b) The Government shall appoint the Deputy Chief of Staff and may, for stated reasons, terminate his or her appointment as Deputy Chief of Staff.
(c) A person appointed to be the Deputy Chief of Staff shall be an officer of the Permanent Defence Force.
(d) Subject to this subsection, a person shall be appointed to be the Deputy Chief of Staff for such term (not exceeding 5 years) as may be specified in the instrument of his or her appointment but shall be eligible for reappointment on the expiration of that term.
(e) Where a person appointed to be the Deputy Chief of Staff ceases to be an officer of the Permanent Defence Force, he or she shall also cease to be the Deputy Chief of Staff.]
Annotations
Amendments:
F16
Substituted (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 3(a), S.I. No. 366 of 1998.
F17
Substituted (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 3(b), S.I. No. 366 of 1998.
F18
Inserted (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 3(c), S.I. No. 366 of 1998.
Section 13
Military branches of the Department of Defence.
F19[13.—(1) There shall stand established in the Department of Defence a military element (which shall be known, and is referred to in this Act, as “Defence Forces Headquarters”), the head of which shall be the Chief of Staff.
(2) Subject to the Defence Acts, 1954 to 1998, there shall be assigned to the Chief of Staff such duties in connection with the business of the Department of Defence as the Minister may from time to time determine.
(3) The Chief of Staff shall be directly responsible to the Minister for the performance of such duties as may from time to time be assigned to him or her under subsection (2).
(4) The Chief of Staff may, subject to the approval of the Minister, delegate such duties assigned to him or her under subsection (2) as he or she considers appropriate to the Deputy Chief of Staff (Operations) or the Deputy Chief of Staff (Support).]
Annotations
Amendments:
F19
Substituted (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 4, S.I. No. 366 of 1998.
Section 14
The Inspector-General.
14.—(1) The Government may, whenever they think fit, by order under this subsection declare that there shall be an Inspector-General of the Defence Forces, and whenever any such order is made and is in force there shall be an Inspector-General of the Defence Forces.
(2) The Government may by order under this subsection revoke any order made under subsection (1) of this section.
(3) The Inspector-General of the Defence Forces shall be an officer of the Permanent Defence Force and shall be appointed by, and hold office during the pleasure of, the President.
(4) The Inspector-General of the Defence Forces shall be charged with the performance of such duties as the Government may from time to time assign to him.
Section 15
The Judge Advocate-General.
15.—(1) There shall be a Judge Advocate-General.
(2) The Judge Advocate-General shall be a practising barrister-at-law of at least ten years’ standing, but shall not be a member of the Defence Forces, and shall be appointed by, and hold office during the pleasure of, the President.
(3) The Judge Advocate-General shall be charged with the performance of such duties as the Government may from time to time assign to him.
(4) There shall be paid to the Judge Advocate-General such remuneration as the Minister, with the consent of the Minister for Finance, may fix.
PART III.
Raising, Maintenance, Command, Constitution and Organisation of the Defence Forces, Military Education and Miscellaneous Matters relating to the Defence Forces.
Chapter I.
Raising, Maintenance and Command of the Defence Forces.
Section 16
Authority to raise and maintain the Defence Forces.
16.—It shall be lawful for the Government to raise, train, equip, arm, pay and maintain defence forces to be called and known as Óglaigh na hÉireann or (in English) the Defence Forces.
Section 17
Military command.
17.—(1) Under the direction of the President, and subject to the provisions of this Act, the military command of, and all executive and administrative powers in relation to, the Defence Forces, including the power to delegate command and authority, shall be exercisable by the Government and, subject to such exceptions and limitations as the Government may from time to time determine, through and by the Minister.
(2) (a) The delegation of command and authority by the Minister—
(i) may be made subject to such exceptions and limitations as he may from time to time determine,
(ii) may be in relation to any area, place or State ship or any military body organised under section 22 and may embrace different components of the Defence Forces,
(iii) may, during a period of emergency, be in relation to the whole of the Defence Forces.
(b) For the purposes of subparagraph (ii) of paragraph (a) of this subsection and for administrative purposes, the Minister may divide the State into such and so many areas as he thinks fit.
(3) The Minister may make regulations, applying to officers, as to the persons to be invested, as officers, with military command over the Defence Forces or any part thereof or any person belonging thereto and as to the mode in which such command is to be exercised.
Section
F20[
Operational Control
17A.—(1) In this section—
“Act of 2006” means the Defence (Amendment) Act 2006;
“Force Commander” means the person commanding an international force;
“international force” means an International United Nations Force or any force to which a contingent or a member of the Defence Forces may be assigned to for service outside the State for any purpose specified in section 3 of the Act of 2006;
“International United Nations Force” has the same meaning as in the Act of 2006;
“operational control” means the authority delegated to a Force Commander in respect of a contingent assigned to him or her so that the Force Commander may—
(a) accomplish certain missions or tasks which are limited by function, time or location,
(b) deploy the contingent, and
(c) retain or assign tactical control of the contingent,
but does not include the authority to assign separate employment of any component of the contingent.
(2) In accordance with this Act, the Minister may delegate to a Force Commander the operational control of a contingent, or member, of the Defence Forces.
(3) A delegation of operational control by the Minister under subsection (2) may be subject to such exceptions and limitations as he or she, having had regard to such requirements as may be necessary for the efficient operation of the mission concerned, may from time to time determine.
(4) A delegation of operational control by the Minister under subsection (2) shall —
(a) be in writing
(b) be issued to the Force Commander of the mission concerned,
(c) in so far as is necessary for the efficient operation of a mission, provide that each member of the Defence Forces assigned to an international force led by a Force Commander shall comply with every lawful order issued to him or her by a member of the international force in his or her military chain of command, subject to any exclusion as may be specified in the delegation,
(d) in so far as is necessary for the efficient operation of a mission, provide that the military police component of the international force under the authority of the Force Commander may arrest and detain a member of the Defence Forces, provided that such member is handed over as soon as practicable to the contingent commander, or the designated senior officer, of the Defence Forces,
(e) provide that each member of the Defence Forces in respect of whom the delegation is made shall cooperate with the military police component of the international force, and
(f) include any other ancillary provisions as he or she considers necessary for the efficient operation of the mission concerned.
Annotations
Amendments:
F20
Inserted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 2, S.I. No. 179 of 2022.]
Chapter II.
Constitution of the Defence Forces and General Organisation thereof.
Section 18
Constitution of the Defence Forces.
18.—The Defence Forces shall consist of—
(a) a defence force to be called and known as na Buan–Óglaigh or (in English) the Permanent Defence Force, comprising army, naval and air components, and
(b) a defence force to be called and known as na hÓglaigh Cúltaca or (in English) the Reserve Defence Force, comprising army, naval and air components.
Section 19
Constitution of the Permanent Defence Force.
19.—The Permanent Defence Force shall consist of—
(a) persons who are appointed thereto as officers and are for the time being officers of the Permanent Defence Force,
(b) persons who are enlisted therein as men under F21[section 53, 53A or 54] and are for the time being men of the Permanent Defence Force,
(c) persons who, having enlisted therein as men under section 53 and having been transferred to the Reserve Defence Force under section 70, re-enter the Permanent Defence Force under subsection (3) of section 63 and are for the time being men of the Permanent Defence Force, and
(d) persons who are for the time being members of the Army Nursing Service.
Annotations
Amendments:
F21
Substituted (27.03.2020) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 26(a), commenced on enactment.
Section 20
Constitution of the Reserve Defence Force.
20.—The Reserve Defence Force shall consist of—
(a) persons who are appointed thereto as officers and are for the time being officers of the Reserve Defence Force,
(b) persons who are transferred thereto as men from the Permanent Defence Force under section 70 and are for the time being reservists, and
(c) persons who are directly enlisted therein as men under section 55 and are for the time being reservists.
Section 21
Classes of the Reserve Defence Force.
21.—(1) The Reserve Defence Force shall be divided into the following classes—
(a) a class to be called the Reserve of Officers (First Line) which shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44,
(b) a class to be called the Reserve of Officers (An Fórsa Cosanta Aitiúil) which shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44,
(c) a class to be called the Reserve of Officers (An Slua Muirí) which shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44,
(d) a class to be called the Reserve of Men (First Line) which shall consist of—
(i) men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who, having enlisted under section 53, are transferred to the Reserve Defence Force in pursuance of section 70 and are for the time being reservists,
(ii) men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who are enlisted under section 55 for service in that class and are for the time being reservists, and
(iii) such reservists as may from time to time stand assigned to that class under section 62,
(e) a class to be called the Reserve of Men (An Fórsa Cosanta Aitiúil) which shall consist of—
(i) men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who are enlisted under section 55 for service in that class and are for the time being reservists, and
(ii) such reservists as may from time to time stand assigned to that class under section 62,
(f) a class to be called the Reserve of Men (An Slua Muirí) which shall consist of—
(i) men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who are enlisted under section 55 for service in that class and are for the time being reservists, and
(ii) such reservists as may from time to time stand assigned to that class under section 62,
(g) such other classes as may be constituted by the Minister under subsection (2) or (3) of this section.
(2) (a) The Minister may by regulations constitute such and so many classes of officers of the Reserve Defence Force as he thinks fit and assign to any class so constituted such title as he thinks fit.
(b) A class of the Reserve Defence Force constituted under this subsection shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44.
(3) (a) The Minister may by regulations constitute such and so many classes of reservists as he thinks fit and assign to any class so constituted such title as he thinks fit.
(b) A class of the Reserve Defence Force constituted under this subsection shall consist of—
(i) men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who are enlisted under section 55 for service in that class and are for the time being reservists, and
(ii) such reservists as may from time to time stand assigned to that class under section 62.
(4) If at any time there are no members of the Reserve Defence Force for the time being assigned to a particular class of the Reserve Defence Force, the Minister may by regulations abolish that class.
(5) The Minister may from time to time by regulations substitute for the existing title of a particular class of the Reserve Defence Force such other title as he thinks fit and specifies in the regulations.
Section 22
Organisation of the Defence Forces.
22.—(1) The Defence Forces shall be organised into such staffs, units and other elements as may be prescribed.
(2) The numerical establishment F22[of the Defence Forces and the number in each rank thereof] shall be such as may be prescribed.
Annotations
Amendments:
F22
Substituted (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 5, S.I. No. 366 of 1998.
Section 23
Service corps.
23.—The Minister may by regulations declare that any military body (being a staff, unit or other element organised under section 22) or any combination of such military bodies shall be a service corps for the purposes of this Act and assign to that service corps such title as he thinks fit.
Section 24
Commissioned ranks in the Defence Forces.
24.—(1) (a) The several ranks set out in column (2) of the Second Schedule to this Act shall be the commissioned army ranks in the Defence Forces.
(b) Any commissioned army rank set out in column (2) of the Second Schedule to this Act before any other commissioned army rank shall be higher than that other commissioned army rank.
(2) (a) The several ranks set out in column (3) of the Second Schedule, to this Act shall be the commissioned naval ranks in the Defence Forces.
(b) Any commissioned naval rank set out in column (3) of the Second Schedule to this Act before any other commissioned naval rank shall be higher than that other commissioned naval rank.
F23[(3) For the purposes of this Act—
(a) the commissioned army rank set out in column (2) of the Second Schedule to this Act at any reference number (being reference number 2, 3, 4, 5, 6, 7, 8 or 9) shall be deemed to correspond to the commissioned naval rank set out in column (3) of the said Second Schedule at that reference number;
(b) the commissioned army rank set out in column (2) of the said Second Schedule at reference number 10 shall be deemed to correspond to each of the commissioned naval ranks set out in column (3) of the said Second Schedule at reference number 10;
(c) the commissioned naval rank set out in column (3) of the said Second Schedule at any reference number (being reference number 2, 3, 4, 5, 6, 7, 8 or 9) shall be deemed to correspond to the commissioned army rank set out in column (2) of the said Second Schedule at that reference number;
(d) each of the commissioned naval ranks set out in column (3) of the said Second Schedule at reference number 10 shall be deemed to correspond to the commissioned army rank set out in column (2) of the said Second Schedule at reference number 10.]
(4) Subject to subsection (5), the Minister may—
(a) direct that an officer who holds (whether by virtue of his appointment thereto or a direction given under paragraph (c) of this subsection) a particular commissioned army rank (not being that of second-lieutenant) shall, in lieu of that commissioned army rank, hold the corresponding commissioned naval rank,
(b) direct that an officer who holds (whether by virtue of his appointment thereto or a direction given under paragraph (d) of this subsection) the commissioned army rank of second-lieutenant shall, in lieu of that commissioned army rank, hold such one of the following commissioned naval ranks, namely, ensign and midshipman, as may be specified in the direction,
(c) direct that an officer who holds (whether by virtue of his appointment thereto or a direction given under paragraph (a) of this subsection) a particular commissioned naval rank (not being that of ensign or midshipman) shall, in lieu of that commissioned naval rank, hold the corresponding commissioned army rank,
(d) direct that an officer who holds (whether by virtue of his appointment thereto or a direction under paragraph (b) of this subsection) the commissioned naval rank of ensign or midshipman shall, in lieu of that commissioned naval rank, hold the commissioned army rank of second-lieutenant,
and any such direction shall have effect according to the tenor thereof.
(5) A direction shall not be given in respect of an officer under subsection (4) of this section except with his consent.
Annotations
Amendments:
F23
Substituted (22.07.2015) by Defence (Amendment) Act 2015 (24/2015), s. 2, commenced on enactment.
Editorial Notes:
E5
Previous affecting provision: subs. (3) substituted (20.02.1979) by Defence (Amendment) Act 1979 (1/1979), s. 3, commenced on enactment; substituted as per F-note above.
Section 25
Non-commissioned ranks in the Defence Forces.
25.—(1) (a) The several ranks set out in column (2) of the Third Schedule to this Act shall be the non-commissioned army ranks in the Defence Forces.
(b) Any non-commissioned army rank set out in column (2) of the Third Schedule to this Act before any other non-commissioned army rank shall be higher than that other non-commissioned army rank.
(2) (a) The several ranks set out in column (3) of the Third Schedule to this Act shall be the non-commissioned naval ranks in the Defence Forces.
(b) Any non-commissioned naval rank set out in column (3) of the Third Schedule to this Act before any other non-commissioned naval rank shall be higher than that other non-commissioned naval rank.
(3) The Minister may by regulations declare that, in relation to any particular service corps, the holder of non-commissioned army rank therein shall, in lieu of holding a rank specified in column (2) of the Third Schedule to this Act, hold such other equivalent rank as may be specified in such regulations and, in that case, references in any Saorstát Éireann statute or in any Act of the Oireachtas (whether passed before or after this Act), or in any scheme made (whether before or after the passing of this Act) under the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932), to a rank specified in the said column (2) shall as respects that service corps be construed as references to the equivalent rank specified in such regulations.
(4) The Minister may by regulations divide any non-commissioned army rank or non-commissioned naval rank into such and so many grades as he thinks fit and assign to each of those grades such distinctive description as he thinks fit.
(5) The Minister may by regulations divide any non-commissioned naval rank into such and so many ratings as he thinks fit and assign to each of those ratings such distinctive description as he thinks fit.
(6) For the purposes of this Act—
(a) the non-commissioned army rank set out in column (2) of the Third Schedule to this Act at any reference number shall be deemed to correspond to the non-commissioned naval rank set out in column (3) of the said Third Schedule at that reference number;
(b) the non-commissioned naval rank set out in column (3) of the said Third Schedule at any reference number shall be deemed to correspond to the non-commissioned army rank set out in column (2) of the said Third Schedule at that reference number.
(7) Subject to subsection (8), the Minister may—
(a) direct that a man who holds (whether by virtue of his enlistment or his appointment thereto or a direction given under paragraph (b) of this subsection) a particular non-commissioned army rank set out in column (2) of the Third Schedule to this Act at any reference number shall, in lieu of that non-commissioned army rank, hold the corresponding non-commissioned naval rank,
(b) direct that a man who holds (whether by virtue of his enlistment or his appointment thereto or a direction given under paragraph (a) of this subsection) a particular non-commissioned naval rank set out in column (3) of the said Third Schedule at any reference number shall, in lieu of that non-commissioned naval rank, hold the corresponding non-commissioned army rank,
and any such direction shall have effect according to the tenor thereof.
(8) A direction shall not be given in respect of a man under subsection (7) of this section except with his consent.
Section 26
General regulations in relation to the Defence Forces.
26.—F24[(1)] The Minister may make regulations, not inconsistent with this Act, in relation to all or any of the matters mentioned in the Fourth Schedule to this Act.
F25[(2) Regulations under this section may—
(a) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations or for giving full effect to this Act,
(b) apply either generally or by reference to a specified category or categories of persons.]
Annotations
Amendments:
F24
Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 7(a), commenced on enactment as per s. 1(3).
F25
Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 7(b), commenced on enactment as per s. 1(3).
Chapter III.
Military Education.
Section 27
Establishment of educational institutions.
27.—(1) The Minister may establish a Military College and so many other institutions as he thinks necessary for the training and instruction of members of the Defence Forces.
(2) The Minister may make regulations in relation to all or any of the following matters—
(a) the staff of institutions established under this section,
(b) the persons to be admitted to such institutions,
(c) the curricula of such institutions,
(d) the duration and description of the courses of instruction and training in such institutions,
(e) the examinations to be held in such institutions,
(f) the management, control and good government of such institutions.
Section 28
Other educational arrangements.
28.—(1) The Minister may, with the consent of the Minister for Finance, arrange for the instruction of members of the Defence Forces—
(a) outside the State, or
(b) at institutions other than those established under section 27.
(2) All members of the Defence Forces shall be instructed in giving and receiving in the Irish language such commands and directions as are necessitated by the routine duties of their ranks and appointments.
Section 29
Cadetships.
29.—The Minister may make regulations in relation to cadetships.
Chapter IV.
Miscellaneous Provisions in relation to the Defence Forces.
Section 30
Special powers in relation to defence.
30.—(1) The Minister may do all or any of the following things—
(a) construct and maintain barracks, quarters, defence works, magazines, aerodromes, ranges, harbours, piers, dock-yards, dry docks and anchorages;
(b) construct, acquire, equip, maintain and commission public armed vessels and auxiliaries thereto;
(c) construct, acquire, equip, maintain and man vessels (other than public armed vessels and auxiliaries thereto) required for defence purposes;
(d) place and maintain buoys and lights;
(e) lay mines;
(f) establish, work and maintain and contract for the establishment, working and maintenance of arms and ammunition factories and factories for the manufacture of other service equipment and stores;
(g) employ (including employ by way of apprenticeship) civilians with the Defence Forces or in a factory established under this section;
(h) subject to the provisions of this Act, all such other things as seem to him necessary for the efficient military defence of the State.
(2) Where the exercise of any of the powers conferred by subsection (1) of this section involves a charge on public funds, such powers shall be exercised only with the concurrence of the Minister for Finance.
Annotations
Modifications (not altering text):
C14
Employment of civilians under Act exempted from application of Public Service Management (Recruitment and Appointments) Act 2004 (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 7(2)(g), commenced on enactment.
Excluded positions generally.
7.— …
(2) Subject to subsection (4), unless an order is made under section 6, either generally or in respect of any position or class of position, this Act does not apply to a position where the appointment concerned— …
(g) is by way of employment of civilians by the Minister for Defence under section 30 of the Defence Act 1954,
…
C15
Grounds for dismissal of civilians employed under section extended (9.05.1977) by Unfair Dismissals Act 1977 (10/1977), s. 6(5), S.I. No. 138 of 1977.
Unfair dismissal.
6.— …
(5) (a) Without prejudice to the generality of subsection (1) of this section, the dismissal by the Minister for Defence of a civilian employed with the Defence Forces under section 30 (1) (g) of the Defence Act, 1954, shall be deemed for the purposes of this Act not to be an unfair dismissal if it is shown that the dismissal was for the purpose of safeguarding national security.
(b) A certificate purporting to be signed by the Minister for Defence and stating that a dismissal by the Minister for Defence of a civilian named in the certificate from employment with the Defence Forces under section 30 (1) (g) of the Defence Act, 1954, was for the purpose of safeguarding national security shall be evidence, for the purposes of this Act, of the facts stated in the certificate without further proof.
…
C16
Civilians employed under section excluded (18.02.1957) from application of Civil Service Regulation Act 1956 (46/1956), s. 20(2)(d), S.I. No. 18 of 1957.
Operation of the Act.
20.— …
(2) This Act applies to— …
but does not apply to— …
(d) a civilian employed by the Minister for Defence under section 30 of the Defence Act, 1954 (No. 18 of 1954).
…
C17
Civilians employed under section excluded (18.02.1957) from application of Civil Service Commissioners Act 1956 (45/1956), s. 6(2)(h), S.I. No. 17 of 1957.
Operation of the Act.
6.— …
(2) This Act— …
(h) does not apply to the employment of civilians by the Minister for Defence under section 30 of the Defence Act, 1954 (No. 18 of 1954).
…
Section 31
Right of entry on land.
31.—(1) Any person (in this section referred to as an authorised person) authorised by the Minister in that behalf may, at any reasonable time and upon giving forty-eight hours’ previous notice in writing to the occupier thereof, enter on any land for the purpose of making thereon any inquiry, investigation or examination preliminary or incidental to the doing of anything which the Minister is authorised by this Part to do.
(2) If any person obstructs an authorised person in the exercise of the powers conferred on an authorised person by this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F26[200] pounds.
Annotations
Amendments:
F26
Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 1, commenced on enactment. A fine of £200 converted (1.01.1999) to €253.95. This translates into a Class E fine not exceeding €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 3, S.I. No. 662 of 2010.
Section 32
Acquisition of land, etc., by agreement.
32.—The Minister, with the consent of the Minister for Finance, may for the purposes of this Act, by agreement, take a lease of, or take a licence to use, or acquire, any land or any right over land.
Section 33
Compulsory acquisition of land or rights over land.
33.—(1) If and whenever the Minister thinks proper to acquire compulsorily any land or right over land for the purposes of this Act, he may, with the consent of the Minister for Finance, by order declare his intention to so acquire such land or right over land, and every such order shall operate to confer on the Minister power to acquire compulsorily the land or the right over land mentioned therein under and in accordance with this section.
(2) Compensation shall be paid by the Minister for land compulsorily acquired by the Minister under this section to the several persons having estates or interests therein and for any right over land compulsorily acquired by the Minister under this section to the owner thereof, and such compensation shall, in default of agreement (which agreement shall be subject to the consent of the Minister for Finance), be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, and for this purpose the Minister shall be deemed to be a public authority within the meaning of the said Act.
(3) (a) At any time after the Minister becomes entitled under subsection (1) of this section to acquire compulsorily any land or right over land and before conveyance or ascertainment of compensation, the Minister may, subject to the subsequent provisions of this subsection, enter on and take possession of that land or terminate that right.
(b) Where the Minister exercises any power conferred on him by paragraph (a) of this subsection, then—
(i) subject to subparagraph (ii) of this paragraph, the Minister shall pay to the person, who is the occupier of the land entered on or the owner of the right over land terminated, interest on the amount of the compensation payable to such person at the rate of three per cent. per annum from the date on which such power was exercised until payment of such compensation,
(ii) if—
(I) the Minister has made an unconditional offer in writing of any sum as such compensation to such person, and
(II) the offer is not accepted by such person, and
(III) the sum awarded as compensation by the official arbitrator to such person does not exceed the sum so offered,
no interest shall be payable on such compensation in respect of any period after the date of the offer.
(c) The Minister shall not—
(i) enter on or take possession of any land under paragraph (a) of this subsection without giving to the occupier thereof at least one months’s or, in case of an occupied dwellinghouse, three months’ previous notice in writing of his intention to do so, or
(ii) terminate any right over land under paragraph (a) of this subsection without giving the owner thereof at least one month’s notice of his intention to do so.
(d) A notice under paragraph (c) of this subsection may be given to any person by sending it by post in an envelope addressed to that person at his usual or last known address.
(e) Where, for any reason, the envelope mentioned in paragraph (d) of this subsection cannot be addressed in the manner provided by that paragraph, it may be addressed to the person for whom it is intended in either or both of the following ways—
(i) by the description “the occupier” or “the owner” (as the case may be) without stating his name,
(ii) at the land or the situation of the property to which the notice contained in the envelope relates.
Section 34
User of land by the Minister.
34.—(1) The Minister may use any land vested in or occupied by him for such purposes connected with his powers and duties under this Act and in such manner as he thinks proper.
(2) Where any land vested in or occupied by the Minister abuts on any foreshore, sea or tidal water, the rights conferred by subsection (1) of this section shall include the right to carry on artillery, rifle, bombing or other army, naval or air practices on or over such foreshore, sea or tidal water.
Annotations
Modifications (not altering text):
C18
Application of section restricted (11.08.1961) by Curragh of Kildare Act 1961 (35/1961), ss. 4, 5(2), commenced on enactment.
Use of Blue Lands by Minister.
4.—The Minister may use the Blue Lands for the purposes and in the manner specified in section 34 of the Defence Act, 1954, subject to the limitation that he shall not erect, or authorise or procure the erection of, permanent buildings thereon.
Use of Green lands by Minister.
5.— …
(2) Section 34 of the Defence Act, 1954, shall not apply in relation to the Green Lands.
Section 35
Right of Minister to erect and maintain certain apparatus on land in vicinity of service aerodromes.
35.—(1) F27[(a) The Minister may cause to be erected, placed and attached upon, in or to any land or building in the vicinity of any other land (including an aerodrome) vested in or occupied by him, and may thereafter maintain and use, such apparatus (including electric lines) as he considers necessary for the purpose of indicating any position or any obstruction or of signalling or supplying information to persons navigating aircraft in such vicinity.]
(b) Before erecting, placing or attaching any apparatus upon, in or to any land or building in pursuance of this subsection, the Minister shall give one month’s previous notice to the owner and occupier thereof indicating his proposal.
(c) If any person wilfully obstructs or destroys, tampers with, pulls down, or defaces any apparatus erected, placed or attached upon, in or to any land or building in pursuance of this subsection, that person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F28[1,000] pounds.
(2) (a) For the purposes of exercising the powers conferred by subsection (1) of this section any authorised person and any persons acting under his direction may enter upon and pass over (with or without vehicles) any land.
(b) If any person (in this paragraph referred to as the offender) obstructs an authorised person or any person acting under his direction in the exercise of the powers conferred by this subsection, the offender shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F29[1,000] pounds.
(c) In this subsection the expression “authorised person” means any person belonging to a class authorised in writing by the Minister to exercise the powers conferred by this subsection on authorised persons.
(3) If any person having an estate or interest in land proves that his estate or interest is injuriously affected by the exercise of the powers conferred by subsection (1) of this section, he shall be entitled to recover from the Minister compensation for the injury to that estate or interest, and any question whether compensation is payable under this section or as to the amount of any compensation so payable shall, in default of agreement (which agreement shall be subject to the consent of the Minister for Finance), be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act.
Annotations
Amendments:
F27
Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 9, commenced on enactment.
F28
Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 2, commenced on enactment. A fine of £1,000 converted (1.01.1999) to €1,269.74. This translates into a Class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 3, S.I. No. 662 of 2010.
F29
Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 3, commenced on enactment.
Section 36
Restrictions on use of land in vicinity of service aerodromes.
36.—(1) Whenever the Minister is of opinion that the unrestricted use of a particular area of land in the vicinity of an aerodrome vested in or occupied by him would interfere with the navigation of aircraft flying to or from that aerodrome, he may by order (in this section referred to as a protected area order) do the following things—
(a) declare that particular area of land shall be a protected area for the purposes of the order,
(b) declare that, within the protected area, it shall not be lawful for any person, save under and in accordance with a permit granted by the Minister, to erect or add to any building or to erect or place any post, pole or other thing so that any part of the building, post, pole or thing (in this section referred to as an obstruction) will be at a greater height than that fixed by the order.
(2) The following provisions shall apply in respect of every protected area order—
(a) the Minister shall cause the order to be published in the Iris Oifigiúil and in such newspapers circulating in the area to which the order relates as the Minister thinks proper,
(b) the order may divide the area to which it relates into such and so many sub-areas as the Minister thinks fit and, in that case, may contain different provisions in relation to each of those sub-areas,
(c) the order may exempt from its operation any specified obstructions or class of obstructions,
(d) there shall be attached to the order a map showing the area to which the order relates and, where that area is divided into sub-areas, each of those sub-areas,
(e) the map attached to the order may be omitted from the order in any publication thereof in pursuance of paragraph (a) of this subsection, but copies of the order with the map attached thereto shall be deposited in the office of the Department of Defence, Parkgate, Dublin, and shall be there kept open for public inspection at all reasonable times.
(3) The Minister may by order under this subsection revoke or amend a protected area order.
(4) Every protected area order and every order amending a protected area order shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which such House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done under it.
(5) The Minister may grant permits for the purposes of a protected area order, and the following provisions shall apply in relation to any permit so granted—
(a) the Minister may—
(i) attach to it such conditions as he thinks fit,
(ii) revoke or amend it;
(b) the permit shall not operate as a release from any restrictions imposed under the Town and Regional Planning Acts, 1934 and 1939, or any other enactment and applicable to the area to which the order relates.
(6) (a) If any person, having an estate or interest in land within an area to which a protected area order applies, proves that his estate or interest is injuriously affected by the refusal of the Minister to grant him a permit or by any conditions attached to a permit granted to him by the Minister, he shall be entitled to recover compensation from the Minister for the injury to that estate or interest, and any question whether compensation is payable under this subsection or as to the amount of any compensation so payable shall, in default of agreement (which agreement shall be subject to the consent of the Minister for Finance), be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act.
(b) Where a person would, but for this paragraph, be entitled to compensation under this subsection and also under any other enactment in respect of the same matter, he shall not be entitled to compensation in respect of that matter under both this subsection and that other enactment, but may elect to receive compensation under either this subsection or that other enactment.
(7) If any person erects or adds to a building or erects or places any post, pole or other thing in contravention of a protected area order—
(a) that person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding F30[1,000] pounds, and
(b) the Minister may, whether or not any proceedings are taken in respect of the offence, cause such alterations to be made in the building, post, pole or thing in respect of which the contravention took place as may be necessary in his opinion to ensure compliance with the order, and the expenses incurred by the Minister in so doing shall be recoverable by the Minister from the person by whom the contravention is committed as a simple contract debt in any court of competent jurisdiction.
Annotations
Amendments:
F30
Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 4, commenced on enactment. A fine of £1,000 converted (1.01.1999) to €1,269.74. This translates into a Class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 3, S.I. No. 662 of 2010.
Section 37
Billeting during a period of emergency.
37.—(1) (a) The Minister may, from time to time and at any time, make such regulations as he thinks fit—
(i) requiring the occupiers of premises to provide, during a period of emergency, lodging, attendance and food for members of the Defence Forces;
(ii) requiring the occupiers of premises and of livery stables to provide, during a period of emergency, stabling and forage for horses of the Defence Forces;
(iii) requiring the occupiers of premises and garages to provide, during a period of emergency, garaging for mechanically propelled vehicles of the Defence Forces;
(iv) conferring on such persons as the Minister thinks proper such powers and authorities for the carrying out and enforcement of the regulations as he thinks proper;
(v) fixing, with the sanction of the Minister for Finance, the scales of payment to be made in respect of any lodging, attendance, food, stabling, forage or garaging so provided;
(vi) providing for any matter or thing ancillary to the matters aforesaid.
(b) The references in paragraph (a) of this subsection to occupiers of premises shall, in the case of premises which are unoccupied, be construed as references to the owners of those premises.
(2) If any person contravenes (by act or omission) any regulation made under this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F31[200] pounds.
(3) There shall be paid to persons providing lodging, attendance, food, stabling, forage or garaging in pursuance of regulations made under this section payments in accordance with the scales fixed by such regulations.
(4) When by regulations made under this section any powers or duties are conferred or imposed on members of the Garda Síochána or where such regulations provide that any arrangements with regard to billeting shall be made in consultation with any member of the Garda Síochána, such regulations so relating to the Garda Síochána shall be made with the concurrence of the Minister for Justice.
(5) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to anything previously done under such regulation.
Annotations
Amendments:
F31
Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 5, commenced on enactment. A fine of £200 converted (1.01.1999) to €253.95. This translates into a Class E fine not exceeding €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 3, S.I. No. 662 of 2010.
Section 38
Billeting in peace time.
38.—(1) In this section the expression “victualling house” means any premises being—
(a) premises registered in a register kept under Part III of the Tourist Traffic Act, 1939 (No. 24 of 1939), or
(b) premises licensed under the Licensing Acts, 1833 to 1946, for the sale of intoxicating liquor for consumption on the premises, or
(c) a restaurant registered in a register kept under regulations made under Part V of the Health Act, 1947 (No. 28 of 1947).
(2) The Minister may make such regulations as he thinks fit—
(a) requiring the occupiers of victualling houses to provide lodging, attendance and food for members of the Defence Forces;
(b) requiring the occupiers of victualling houses and of livery stables to provide stabling and forage for horses of the Defence Forces;
(c) requiring the occupiers of victualling houses and garages to provide garaging for mechanically propelled vehicles of the Defence Forces;
(d) conferring on such persons as the Minister thinks proper such powers and authorities for the carrying out and enforcement of the regulations as he thinks proper;
(e) fixing, with the sanction of the Minister for Finance, the scales of payment to be made in respect of any lodging, attendance, food, stabling, forage or garaging so provided;
(f) providing for any matter or thing ancillary to the matters aforesaid.
(3) If any person contravenes (by act or omission) any regulation made under this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F32[200] pounds.
(4) No member of the Defence Forces shall in pursuance of any regulation made under this section be billeted in any private house or in any premises occupied by women only.
(5) There shall be paid to persons providing lodging, attendance, food, stabling, forage or garaging in pursuance of regulations made under this section payments in accordance with the scales fixed by such regulations.
(6) Where by regulations made under this section any powers or duties are conferred or imposed on members of the Garda Síochána or where such regulations provide that any arrangements with regard to billeting shall be made in consultation with a member of the Garda Síochána, such regulations so relating to the Garda Síochána shall be made with the concurrence of the Minister for Justice.
(7) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to anything previously done under such regulation.
Annotations
Amendments:
F32
Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 6, commenced on enactment. A fine of £200 converted (1.01.1999) to €253.95. This translates into a Class E fine not exceeding €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 3, S.I. No. 662 of 2010.
Section 39
Exercise of powers vested in holder of military office.
39.—Any power or jurisdiction given to, and any act or thing to be done by, to, or before any person holding any military office may be exercised by, or be done by, to, or before any other person for the time being authorised in that behalf according to the custom of the service or according to rules of procedure or according to regulations made by the Minister.
Section 40
Provisions as to orders of military authorities.
40.—(1) Where any order is authorised by or under this Act to be made by the Chief of Staff, the Adjutant-General or the Quartermaster-General or by any general, flag or other officer in command, such order may be signified by an order, instruction or letter under the hand of any officer authorised to issue orders on behalf of the Chief of Staff, the Adjutant-General or the Quartermaster-General or the general, flag or other officer in command, and an order, instruction or letter purporting to be signed by an officer appearing therein to be so authorised shall be evidence of his being so authorised.
(2) Subsection (1) of this section shall extend to any order or direction issued in pursuance of this Act in relation to any F33[…] military prisoner or man undergoing detention, and any such order or direction shall not be held invalid by reason of the death or removal from office of the officer signing or ordering the issue of such order or direction or by reason of any defect in such order or direction, if it be alleged in such order or direction that the F33[…] military prisoner or man undergoing detention has been convicted and that there is a good and valid conviction to sustain the order or direction.
(3) An order in any case if issued in the prescribed form shall be valid, but an order deviating from the prescribed form, if otherwise valid, shall not be rendered invalid by reason only of such deviation.
Annotations
Amendments:
F33
Deleted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14, sch. 2. para. 2, commenced as per s. 1.
Modifications (not altering text):
C19
Terms “Adjutant-General” and “Quartermaster-General” construed (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 10(3), S.I. No. 366 of 1998.
Adaptations.
10.— …
(3) (a) References in sections 11 and 40 of the Principal Act to the Adjutant-General shall be construed as references to the Deputy Chief of Staff (Operations).
(b) References in the said sections 11 and 40 to the Quartermaster-General shall be construed as references to the Deputy Chief of Staff (Support).
PART VII.
Manœuvres and Artillery, Rifle and Bombing Practice.
Section 269
Power to authorise holding of military manœuvres.
269.—(1) The Minister may from time to time by order (in this Act referred to as a manœuvres (authorisation) order) authorise the holding of military manœuvres within a specified area and during a specified period commencing not earlier than one month after the date of such order.
(2) Whenever the Minister makes a manœuvres (authorisation) order, he shall as soon as conveniently may be publish such order in the Iris Oifigiúil and in at least two newspapers circulating in the area to which such order relates.
Section 270
Powers exercisable for purposes of manœuvres.
270.—(1) Where a manœuvres (authorisation) order has been made in relation to any area, such persons as are under the authority of the Minister engaged in manœuvres may under the direction of the Minister do, within such area and during the period specified in such order, all or any of the following things, that is to say:—
(a) pass over and encamp, construct military works, not of a permanent character, and execute military manœuvres on any land;
(b) supply themselves with water from any sources of water and for that purpose dam up any running water.
(2) Nothing in this section shall authorise—
(a) the entry on or interference with (except to the extent of using any road) any dwelling-house, place of worship, hospital, school, factory, workshop used for the carrying on of any trade, business or manufacture, farmyard, garden, orchard, pleasure ground, nursery ground, burial ground, ground attached to any place of worship or school or any premises enclosed within the curtilage of or attached to any dwelling-house;
(b) the damming up of water so as to interfere with the carrying on of any trade or industry;
(c) the taking of water from any source of supply belonging to a private owner or public authority unless with the consent of such owner or authority;
(d) the interference with any national monuments within the meaning of the National Monuments Act, 1930 (No. 2 of 1930), or with any picturesque or valuable timber or other national features of exceptional interest or beauty.
(3) The officer in command of the portion of the Defence Forces engaged in any military manœuvres shall cause all land used under the power conferred by this section to be restored as soon as and as far as may be practicable to its previous condition.
(4) In this section, the word “hospital” includes sanatorium, maternity home, nursing home, convalescent home, county home, preventorium, rehabilitation centre, laboratory, clinic, health centre, first-aid station, dispensary or similar institution.
Annotations
Amendments:
F395
Substituted by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 228, not commenced as of date of revision.
Modifications (not altering text):
C64
Prospective affecting provision: subs. (2)(d) substituted by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 228, not commenced as of date of revision.
F395[(d) the interference with any monument within the meaning of section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023, or with any picturesque or valuable timber or other national features of exceptional interest or beauty.]
Section 271
Compensation for damages caused by military manœuvres.
271.—(1) Where a manœuvres (authorisation) order has been made, compensation shall be made by the Minister for any damage to person or property or interference with rights or privileges arising from the exercise of the powers conferred by this Part, whether or not occasioned by the acts of the military forces engaged in the manœuvres, including therein all expenses reasonably incurred in protecting person, property, rights and privileges, and any damage by reason of excessive weight or extraordinary traffic caused to any road.
(2) The amount of any compensation under this section shall, in default of agreement (which agreement shall be subject to the consent of the Minister for Finance), be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act.
Section 272
Offences in relation to manoeuvres.
272.—(1) If, within the area and during the period specified in a manoeuvres (authorisation) order authorising military manœuvres, any person—
(a) wilfully and unlawfully obstructs or interferes with the execution of the manoeuvres, or
(b) without due authority enters or remains in any camp or billet or any place where any guns, vehicles, ammunition, supplies or other material used for the purposes of the manoeuvres are stored,
he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F396[100] pounds.
(2) If, within the area and during the period specified in a manoeuvres (authorisation) order, any person—
(a) without due authority moves any light, flag, mark or other object relating to, or used for the purposes of, the manoeuvres, or
(b) maliciously cuts or damages any telegraph or telephone wire or any water or petrol supply pipe laid down by or for the use of the forces engaged in the manoeuvres,
he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F397[150] pounds.
(3) If, within the area and during the period specified in a manoeuvres (authorisation) order, any person commits any offence under subsection (1) of this section he may be removed from that area by a member of the Garda Síochána or by order of any officer of the Defence Forces.
Annotations
Amendments:
F396
Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 28, commenced on enactment, subject to transitional provision in s. 16. A fine of £100 converted (1.01.1999) to €126.97. This translates into a class E fine, not exceeding €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 3, S.I. No. 662 of 2010.
F397
Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 29, commenced on enactment, subject to transitional provision in s. 16. A fine of £150 converted (1.01.1999) to €190.46. This translates into a class E fine, not exceeding €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 3, S.I. No. 662 of 2010.
Section 273
Exemption of members of the Defence Forces engaged in manœuvres from section 164 of the Road Traffic Act, 1933.
273.—Where a manœuvres (authorisation) order is made, section 164 of the Road Traffic Act, 1933 (No. 11 of 1933), shall not, during the period specified in the order, apply in respect of a vehicle which is being driven by or in the charge of a member of the Defence Forces who is for the time being engaged in the military manœuvres authorised by the order.
Section 274
Temporary stoppage of traffic during manœuvres or artillery, etc., practice.
274.—In any area specified in a manœuvres (authorisation) order or in the vicinity of any place used for artillery, rifle, bombing or other army, naval or air practices, the officer in command of the portion of the Defence Forces engaged in the manœuvres or in such practices may temporarily stop all traffic by land or water in that area or in the vicinity of that place so far as in his opinion may be necessary for the security of life and the proper conduct of the manœuvres or such practices.
PART VIII.
Bye-laws as to land used for defence purposes.
Section 275
Interpretation of Part VIII.
275.—(1) In this Part—
the expression “authorised officer” means any person being—
(a) a member of the Garda Síochána, or
(b) a member of the Defence Forces authorised in that behalf by bye-laws;
the word “bye-laws” means bye-laws made under this Part;
the expression “road authority” has the same meaning as in the Local Government Act, 1946 (No. 24 of 1946);
the expression “State land” means any land belonging to the State or vested in the Minister.
(2) References in this Part to a contravention of a bye-law include references to a failure or refusal to comply with the bye-law.
Section 276
Bye-laws as to use of State land appropriated for defence purposes, and for securing the public safety.
276.—(1) Where any State land is for the time being appropriated for any defence purpose, the Minister may, subject to the provisions of this Part, make bye-laws for regulating the use of the land for the purpose for which it is appropriated and for securing the public against danger arising from that use, with power to prohibit all intrusion on the land and all obstruction of the use thereof.
(2) Bye-laws made under this section shall not authorise the Minister to take away or prejudicially affect any right of common.
(3) Where any bye-laws made under this section permit the public to use land for any purpose when not used for the purpose for which it is appropriated, those bye-laws may also provide for the government of the land when so used by the public, and the preservation of order and good conduct thereon, and for the prevention of nuisances, obstructions, encampments and encroachments thereon, and for the prevention of any injury to the land or to anything growing or erected thereon, and for the prevention of anything interfering with the orderly use thereof by the public for the purpose permitted by the bye-laws.
Section 277
Extension of power to make bye-laws in respect of non-State land where Minister has right of user for defence purposes.
277.—Where the Minister has for the time being the right to use for any defence purpose any land (not being State land), the power conferred by section 276 to make bye-laws shall extend to that land as if it were State land and were appropriated for the said purpose, subject however to this restriction, namely, that any bye-law made by virtue of this section shall not unfavourably affect the private rights of any person further or otherwise than is authorised by the grant of the right to use the land.
Section 278
Extension of power to make bye-laws in respect of adjoining fore-shore, sea and tidal water.
278.—(1) Where any land, the use of which can be regulated by bye-laws under section 276 or 277, abuts on any foreshore, sea or tidal water, bye-laws may be made in relation to any such foreshore, sea or tidal water as if they were part of the land.
(2) If any person entitled to a private right in or over any foreshore, sea or tidal water in relation to which a bye-law is made by virtue of this section proves that his exercise of that right has been injuriously affected or obstructed by reason of the bye-law, he shall be entitled to recover from the Minister compensation for that injurious affection or obstruction, and any question whether compensation is payable under this subsection or as to the amount of any compensation so payable shall, in default of agreement (which agreement shall be subject to the consent of the Minister for Finance), be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act.
(3) (a) A bye-law made by virtue of this section shall not injuriously affect any public right unless the bye-law is made with the consent of the Minister for Industry and Commerce.
(b) The following provisions shall apply in relation to the giving by the Minister for Industry and Commerce of his consent to a bye-law made by virtue of this section which, if made, would injuriously affect any public right in or over any foreshore, sea or tidal water—
(i) the said Minister, if satisfied, after compliance with subparagraph (ii) of this paragraph, that a restriction of such public right is required for the safety of the public or for the exigencies of the military purpose to which the land abutting on such foreshore, sea or tidal water is appropriated, may consent to a bye-law restricting the said public right to such extent as in all the circumstances of the case seems reasonable to him,
(ii) the said Minister before consenting to the bye-law shall cause notice of such proposed bye-law to be given in such manner in the locality as he deems best so as to give interested persons an opportunity of making objections to the proposed bye-law and shall make such enquiries as appear to him necessary for ascertaining that the bye-law will not unreasonably interfere with any public right.
(c) In this subsection, the expression “public right” includes any right of navigation, anchoring, grounding, fishing, bathing, walking or recreation.
Section 279
Bye-laws as to roads.
279.—(1) The Minister may, in respect of any portion of a road which crosses or runs near any land the use of which may be regulated by bye-law, make, with the consent of the road authority charged with the maintenance of that portion, bye-laws providing for the restriction, by such means as the Minister thinks proper and specifies in the bye-laws, of the use of that portion.
(2) Save as provided by this section, bye-laws shall not be made in relation to any road.
Annotations
Editorial Notes:
E113
Power pursuant to section exercised (1.05.1959) by Defence Act, 1954 (Control of Roads at Gormanston Aerodrome) Bye-Laws 1959 (S.I. No. 37 of 1959).
Section 280
Notice of intention to make bye-laws.
280.—(1) Where the Minister proposes to make any bye-laws, he shall, before making such bye-laws, deposit copies of the proposed bye-laws, in every Circuit Court Office in the area to which such proposed bye-laws relate and publish, in some newspaper or newspapers circulating in such area notice of his intention to make bye-laws and of the deposit of such copies.
(2) Any person may inspect any proposed bye-laws deposited in a Circuit Court Office under this section and may, within twenty-eight days after the publication in accordance with this section of notice of intention to make such proposed bye-laws, send objections to the Minister against the making of such proposed bye-laws.
(3) The Minister shall before making any bye-laws consider any objections to them sent to him before the expiration of the twenty-eight days referred to in subsection (2) of this section.
Section 281
Marking of boundaries of bye-law areas.
281.—(1) When the Minister makes any bye-laws, he shall cause the boundaries of the area to which the bye-laws relate to be marked in such manner as appears to him necessary to make the boundaries known to all persons in the locality.
(2) Where any bye-laws are made under section 278 in relation to any area which consists of any foreshore, sea or tidal water and the boundaries of that area cannot, in the opinion of the Minister, be conveniently marked by permanent marks, those boundaries shall be described in the bye-laws and shall be deemed to be sufficiently marked within the meaning of subsection (1) of this section if, while that area is in use for military purposes, sufficient means are taken to warn the public from entering that area.
Section 282
Publication of bye-laws.
282.—Where the Minister makes any bye-laws, he shall cause the bye-laws to be published in such manner as he deems necessary to make them known to all persons in the locality to which they relate and shall provide for copies of such bye-laws being sold at the price of one shilling for each copy to any person who desires to obtain a copy.
Section 283
Penalties for contravention of bye-laws.
283.—(1) If any person contravenes any bye-law, such person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding F398[150] pounds, and the court may order any animal, vehicle, vessel or other thing, the property of such person, which is in the area to which the bye-law relates at the time of such contravention, to be forfeited.
(2) Where any animal, vehicle, vessel or other thing is forfeited under this section, it shall be sold in accordance with the directions of the Minister and the proceeds of the sale shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
Annotations
Amendments:
F398
Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 30, commenced on enactment, subject to transitional provision in s. 16. A fine of £150 converted (1.01.1999) to €190.46. This translates into a class E fine, not exceeding €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 3, S.I. No. 662 of 2010.
Section 284
Removal and arrest of offenders.
284.—(1) If, in any area to which a bye-law relates, any person contravenes the bye-law,—
(a) an authorised officer may order that person to leave the area,
(b) if that person, on being so ordered, refuses or fails to leave the area,—
(i) he shall be guilty of an offence under this section, and
(ii) the authorised officer may either remove him from the area by force or without warrant arrest him.
(2) If any person is on a particular portion of a road, the use of which is restricted by a bye-law made under section 279, in contravention of the bye-law,—
(a) an authorised officer may order that person to leave that portion,
(b) if that person, on being so ordered, refuses or fails to leave that portion,—
(i) he shall be guilty of an offence under this section, and
(ii) the authorised officer may either remove him from that portion by force or without warrant arrest him.
(3) Every person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding F399[150] pounds.
(4) Where an authorised officer (not being a member of the Garda Síochána) arrests a person under this section, he shall, as soon as may be, deliver such person into the custody of a member of the Garda Síochána to be dealt with according to law.
Annotations
Amendments:
F399
Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 31, commenced on enactment, subject to transitional provision in s. 16. A fine of £150 converted (1.01.1999) to €190.46. This translates into a class E fine, not exceeding €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 3, S.I. No. 662 of 2010.
Section 285
Removal of animals, etc.
285.—An authorised officer may remove or cause to be removed any vehicle, animal, vessel or other thing found in any area to which a bye-law relates in contravention of that bye-law.
Section 286
Obstruction of and assaults on authorised officers.
286.—If any person—
(a) obstructs or impedes an authorised officer in the lawful execution of his powers and duties as an authorised officer under this Part, or
(b) assaults an authorised officer in the lawful execution of those powers and duties,
that person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F400[250] pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months.
Annotations
Amendments:
F400
Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 32, commenced on enactment, subject to transitional provision in s. 16. A fine of £250 converted (1.01.1999) to €317.43. This translates into a Class D fine not exceeding €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 3, S.I. No. 662 of 2010.
Section 287
Non-application of Part VIII to the Curragh of Kildare.
287.—This Part does not apply to the Curragh of Kildare.
DEFENCE (AMENDMENT) (No. 2) ACT 1960.
REVISED
Updated to 4 April 2022
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:—
Annotations
Modifications (not altering text):
C1
References to “judge-advocate” in collectively cited Defence Acts 1954 to 2007 construed (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 5, S.I. No. 254 of 2008.
References to judge advocate in certain Acts and instruments.
5.— Every reference in the Defence Acts 1954 to 2007 or in any instrument made under those Acts to a judge-advocate shall be read as a reference to a military judge.
C2
Application of collectively cited Defence Acts 1954 to 1979 extended and references construed (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28/1979), s. 2, S.I. No. 19 of 1980.
Application of Defence Acts, 1954 to 1979, to women.
2.—The provisions of the Defence Acts, 1954 to 1979, and of any statutory instruments made thereunder shall apply to women members of the Defence Forces holding commissioned or non-commissioned rank and accordingly all words in those Acts and those instruments importing a reference to persons of the male sex shall be construed as importing a reference to persons of either sex.
Editorial Notes:
E1
Persons under 18 years of age subject to military law under collectively cited Defence Acts 1954 to 1998 not to be regarded as children (1.05.2002) for purposes of Children Act 2001 (24/2001), s. 271, S.I. No. 151 of 2002.
E2
Convictions or sentences substituted on appeal deemed for purposes of collectively cited Defence Acts 1954 to 1979 to be duly confirmed finding or sentence of court-martial (29.06.1983) by Courts-Martial Appeals Act 1983 (19/1983), s. 20(1), commenced on enactment.
Section 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.
Section 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.]
Annotations
Amendments:
F1
Substituted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 14(a)(i), (ii), (b), (c), S.I. No. 179 of 2022.
F2
Inserted (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 8(b), commenced on enactment.
F3
Inserted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 14(d), S.I. No. 179 of 2022.
Modifications (not altering text):
C3
Construction of term “International United Nations Force” modified (12.07.2006) by the Defence (Amendment) Act 2006 (20/2006), s. 2(1) , commenced on enactment.
Application of certain provisions of Act of 1960 and Principal Act.
2.— (1) Sections 2, 4 and 6 of the Act of 1960 shall apply and have effect as if each reference in any of those sections to an International United Nations Force were a reference to an International United Nations Force as defined in section 1 of this Act.
…
Editorial Notes:
E3
Previous affecting provision: subs. (1) amended (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 8(a), commenced on enactment; substituted as per F-note above.
E4
Previous affecting provision: construction of term “International United Nations Force” modified (1.07.1993) by Defence (Amendment) Act 1993 (18/1993), s. 3(1), commenced on enactment. The 1993 Act was repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.
Section 3
Liability of certain members of the Permanent Defence Force for service with International United Nations Forces.
3.—F4[…]
Annotations
Amendments:
F4
Repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.
Editorial Notes:
E5
Previous affecting provision: application of section restricted (1.07.1993) by Defence (Amendment) Act 1993 (18/1993), s. 2(3)(a), commenced on enactment. The 1993 Act was repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.
Section 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[…]
DEFENCE (AMENDMENT) ACT 1987
Powers exercisable by captain of service aircraft and certain other persons when safety of aircraft, etc. in jeopardy.
6.—(1) Where the captain of a service aircraft has reasonable grounds for believing that a person who is not subject to military law has committed, or is about to commit, on board the aircraft any act jeopardising, or which may jeopardise,—
(a) the safety of the aircraft, or
(b) the safety of any person or property on board the aircraft, or
(c) good order and discipline on board the aircraft,
the captain may take, with respect to that person, such reasonable measures, including restraint of his person, as he reasonably considers to be necessary to protect the safety of the aircraft or of any person or property, or to maintain good order and discipline, on board the aircraft.
(2) For the purposes of enabling him to exercise the powers conferred on him by subsection (1) of this section, the captain of a service aircraft may—
(a) order or authorise the assistance of any other member of the crew of the aircraft, or
(b) request or authorise the assistance of any other person on board the aircraft.
(3) Any member of the crew of a service aircraft, or any other person on board the aircraft, may, without being ordered, authorised or requested in that behalf by the captain of the aircraft, take, with respect to any other person on board the aircraft who is not subject to military law, any reasonable measures which he has reasonable grounds for believing to be immediately necessary to protect the safety of the aircraft or of any person or property on board the aircraft.
(4) A measure authorised by this section shall constitute neither—
(a) an offence either at common law or under statute, nor
(b) a cause of action in any court.
(5) For the purposes of this section and section 154 of the Principal Act, the person who has been designated to be in command of a service aircraft shall be regarded as being the captain of the aircraft.
Section 7
Lopping, cutting or removal of certain trees, etc.
7.—(1) The Minister may lop, cut or remove, or cause to be lopped, cut or removed, any tree, shrub, hedge or other plant on land in the vicinity of an aerodrome vested in or occupied by him which, in his opinion, obstructs or otherwise interferes with the navigation of aircraft using the aerodrome.
(2) (a) Before exercising a power under subsection (1) of this section, the Minister shall give to the occupier of the land concerned notice in writing of his intention to so do after the expiration of a period (being a period of not less than twenty-one days) specified in the notice, and in case an occupier of land receives a notice under this section and apart from this subsection would not be entitled to carry out the lopping, cutting or removal referred to in the notice, he may, if he so wishes, by virtue of having received the notice, himself carry out or cause to be carried out such lopping, cutting or removal: provided that, before the expiration of the period specified in the notice, he informs the Minister in writing of his intention so to do.
(b) Where an occupier of land to whom a notice under this section is given carries out, or causes to be carried out, whether or not by virtue of the power conferred on him in that behalf by paragraph (a) of this subsection, the lopping, cutting or removal referred to in the notice, the reasonable expenses thereby incurred by him shall be paid to him on demand by the Minister.
(3) Where a notice is given under this section, a person appointed in writing by the Minister to be an authorised person for the purposes of this section and any persons acting under that person’s direction may, for the purpose of or in connection with carrying out the lopping, cutting or removal specified in the notice, at any reasonable time after the expiration of the period specified in the notice, enter (with or without vehicles) the land to which the notice relates or any other land and, in addition to carrying out such lopping, cutting or removal, do thereon all things ancillary to or reasonably necessary for the aforesaid purpose.
(4) Any person who obstructs or impedes a person in the exercise of a power conferred on him by subsection (3) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.
Section 8
Production of documents in evidence.
8.—(1) A person summoned or ordered under section 207 of the Principal’ Act to give evidence before a court-martial may by letter signed by the F1[military judge presiding at] the court-martial be required to produce to such court-martial any document, record or other thing in his power or control being a document, record or other thing which is either specified in such letter or is of a class or description so specified and being in either case a document, record or other thing required as evidence at such court-martial.
(2) A person summoned or ordered under section 183 (1) of the Principal Act to attend as a witness before an authorised officer or a commanding officer investigating a charge under Chapter IV of Part V of that Act may by letter signed by such authorised officer or commanding officer, as may be appropriate, be required to produce to such officer any document, record or other thing in the person’s power or control being a document, record or other thing which is either specified in the letter or is of a class or description so specified and being in either case a document, record or other thing which such officer considers necessary for the purposes of the investigation.
F1[ (3) For the purposes of subsection (1) of this section—
(a) subsection (3) of section 207 of the Principal Act shall apply as it applies for the purposes of the said section 207, and
(b) references to the military judge shall be construed as including references to such officer.]
(4) Any person, not being a person subject to military law, who without just cause or excuse fails or refuses to produce a document, record or other thing, the production of which is required under subsection (2) of this section, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F1[€2,000].
Annotations
Amendments:
F1
Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 11 and sch. 4 pt. 2, S.I. No. 254 of 2008.
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:
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.
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.
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.
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.
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.
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.
DEFENCE (AMENDMENT) ACT 2006
REVISED
Updated to 4 April 2022
AN ACT TO AUTHORISE THE DESPATCH OF CONTINGENTS OR MEMBERS OF THE PERMANENT DEFENCE FORCE FOR SERVICE OUTSIDE THE STATE AND TO PROVIDE FOR RELATED MATTERS.
[12th July, 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Section 1
Definitions.
1.— In this Act—
“ Act of 1960 ” means the Defence (Amendment) (No. 2) Act 1960;
“ international organisation ” means—
(a) the United Nations,
(b) the Organisation for Security and Co-operation in Europe,
(c) the European Union or any institution or body of the European Union, or
(d) any regional arrangement or agency that participates, or has participated, in operations as part of an International United Nations Force;
“ International United Nations Force ” means an international force or body established, mandated, authorised, endorsed, supported, approved or otherwise sanctioned by a resolution of the Security Council or the General Assembly of the United Nations;
“ Principal Act ” means the Defence Act 1954;
“ training ” means any programme or course of education, training or exercises and includes seminars and strategic and planning exercises.
Section 2
Application of certain provisions of Act of 1960 and Principal Act.
2.— (1) Sections 2, 4 and 6 of the Act of 1960 shall apply and have effect as if each reference in any of those sections to an International United Nations Force were a reference to an International United Nations Force as defined in section 1 of this Act.
(2) The provisions of the Principal Act specified in section 4 of the Act of 1960 as amended by this Act shall apply and have effect as if each reference in those provisions to an International United Nations Force were a reference to an International United Nations Force as defined in section 1 of this Act.
Section 3
Despatch of contingent or member of the Permanent Defence Force for external service for purposes other than service with International United Nations Force.
3.— (1) F1[Subject to subsection (3), a contingent or member of the Defence Forces] may, with the prior approval of and on the authority of the Government, be despatched for service outside the State for the purposes of—
(a) carrying out duties as a military representative or filling appointments or postings outside the State, including secondments to any international organisation,
(b) conducting or participating in training,
(c) carrying out ceremonial duties, participating in exchanges or undertaking visits,
(d) undertaking monitoring, observation or advisory duties,
(e) participating in or undertaking reconnaissance or fact-finding missions,
(f) undertaking humanitarian tasks in response to an actual or potential disaster or emergency,
(g) participating in sporting events, or
(h) inspecting and evaluating stores, equipment and facilities.
(2) Nothing in this section shall prevent the Government from giving general approval, for such period of time as they determine, to such classes of any of the activities specified in subsection (1) as they consider appropriate and subject to such conditions as they impose.
F2[(3) A member of the Reserve Defence Force—
(a) shall not be despatched under subsection (1), unless the member has consented to the despatch in accordance with section 86A or 91A, as the case may be, of the Principal Act, and
(b) shall not be despatched for any purpose specified in paragraph (a) of subsection (1).]
Annotations
Amendments:
F1
Substituted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 17(a), S.I. No. 179 of 2022.
F2
Inserted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 17(b), S.I. No. 179 of 2022.
Section 4
Liability of members of the Permanent Defence Force for service outside the State.
4.— (1) Notwithstanding any other enactment but subject to subsection (2), every member of the Permanent Defence Force shall be liable to serve outside the State—
(a) with a contingent of the Permanent Defence Force despatched for service with an International United Nations Force under section 2 of the Act of 1960, or
(b) with a contingent or as a member despatched for service for any purpose specified in section 3 of this Act.
(2) Subject to subsection (3), a member of the Permanent Defence Force appointed or enlisted before 1 July 1993 shall not be liable to serve outside the State with a contingent of the Permanent Defence Force despatched for service outside the State as part of an International United Nations Force unless that force is a 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.
(3) Where a member of the Permanent Defence Force (being a member specified in subsection (2)) has offered in writing, whether before, on or after the date of passing of this Act, to render himself liable for service outside the State during a specified period as part of an International United Nations Force (other than a 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) and the Minister or an officer authorised in that behalf by the Minister has accepted the offer, subsection (1) shall also apply to that member during that period.
Section 5
Section 11
Membership of international organisation.
11.— Nothing in this Act shall be construed as thereby authorising the State to become a member of an international organisation of which it is not already a member.
DEFENCE (MISCELLANEOUS PROVISIONS) ACT 2009
AN ACT TO REQUIRE THAT PARTICIPATION BY THE STATE IN PROJECTS AND PROGRAMMES UNDER ARTICLES 20 AND 21 OF COUNCIL JOINT ACTION 2004/551/CFSP OF 12 JULY 2004 1 ON THE ESTABLISHMENT OF THE EUROPEAN DEFENCE AGENCY BE SUBJECT TO THE PRIOR APPROVAL OF THE GOVERNMENT AND DÁIL ÉIREANN; TO REQUIRE THAT PARTICIPATION BY THE STATE IN PERMANENT STRUCTURED COOPERATION REFERRED TO IN ARTICLE 42 OF THE TREATY ON EUROPEAN UNION ALSO BE SUBJECT TO SUCH APPROVAL; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
[24th November, 2009]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definitions.
1.— In this Act—
“Council Joint Action” means Council Joint Action 2004/551/CFSP of 12 July 2004 on the establishment of the European Defence Agency;
“ Treaty on European Union” means the Treaty on European Union amended by the Treaty of Lisbon;
“Treaty of Lisbon” means the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on the 13th day of December 2007;
“United Nations mandated mission” means a mission established, mandated, authorised, endorsed, supported, approved or otherwise sanctioned by a resolution of the Security Council or the General Assembly of the United Nations.
Participation by State in certain projects and programmes.
2.— (1) Participation by the State in a project or programme to which Article 20 or 21 of the Council Joint Action applies shall be subject to the prior approval of the Government and the prior approval of Dáil Éireann.
(2) The Government shall not approve participation by the State in a project or programme referred to in subsection (1) unless it is satisfied that such participation would contribute to the enhancement of capabilities for United Nations mandated missions engaged in peace keeping, conflict prevention or the strengthening of international security in accordance with the principles of the Charter of the United Nations.
Participation by State in permanent structured cooperation.
3.— (1) Notification by the State under paragraph 1 or 3 of Article 46 of the Treaty on European Union of the State’s intention to participate in permanent structured cooperation referred to in paragraph 6 of Article 42 of that treaty shall be subject to the prior approval of the Government and the prior approval of Dáil Éireann.
(2) The Government shall not approve the giving of a notification to which subsection (1) applies unless it is satisfied that participation in permanent structured cooperation to which the notification relates would contribute to the enhancement of capabilities for United Nations mandated missions engaged in peace keeping, conflict prevention or the strengthening of international security in accordance with the principles of the Charter of the United Nations.
Short title.
4.— This Act may be cited as the Defence (Miscellaneous Provisions) Act 2009.
1OJ No. L245 of 17.7.2004, p.17
DEFENCE FORCES (SECOND WORLD WAR AMNESTY AND IMMUNITY) ACT 2013
AN ACT TO PROVIDE FOR THE GRANTING OF AN AMNESTY, AND, AS APPROPRIATE, AN IMMUNITY FROM PROSECUTION, TO THOSE MEMBERS OF THE DEFENCE FORCES WHO SERVED WITH FORCES (INCLUDING THE ARMED FORCES OF A COUNTRY) FIGHTING ON THE ALLIED SIDE DURING THE SECOND WORLD WAR AND WERE SUBSEQUENTLY FOUND GUILTY BY A MILITARY TRIBUNAL OF, OR WHO WERE OR WHO STILL ARE LIABLE TO BE PROSECUTED FOR, DESERTION OR BEING ABSENT WITHOUT LEAVE, OR WHO WERE DISMISSED FROM THE DEFENCE FORCES PURSUANT TO THE PROVISIONS OF THE EMERGENCY POWERS (NO. 362) ORDER 1945 (S. R. & O. 1945. NO. 198); AND TO PROVIDE FOR RELATED MATTERS.
[14th May, 2013]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Interpretation.
1.— In this Act—
“Act of 1923” means the Defence Forces (Temporary Provisions) Act 1923 ;
“Allied side” means the countries and forces that opposed Germany, Italy and Japan and other countries (commonly described as the Axis powers) in the Second World War;
“being absent without leave” means any offence referred to in subsection (1), (2) or (3) of section 45 of the Act of 1923;
“Defence Forces” has the meaning assigned to it by the Order of 1945;
“desertion” means the offence referred to in paragraph (a) of subsection (1) of section 42 of the Act of 1923;
“Minister” means the Minister for Defence;
“Order of 1945” means the Emergency Powers (No. 362) Order 1945 (S. R. & O. 1945. No. 198), and includes those provisions of section 13 of the Defence Forces (Temporary Provisions) Act 1946 that relate to that Order;
“relevant person” shall be construed in accordance with section 2 ;
“Second World War” means the war commonly known by that name which occurred between the years 1939 and 1945.
Amnesty for deserters and those absent without leave in certain circumstances.
2.— (1) A relevant person who—
(a) was dismissed from the Defence Forces by virtue of Article 3 of the Order of 1945,
(b) was convicted of desertion or of being absent without leave, or
(c) was or is liable to be prosecuted for desertion or for being absent without leave,
is granted an amnesty.
(2) In this section—
“amnesty” means, in relation to each relevant person—
(a) an acknowledgement that the treatment he or she received in consequence of his or her desertion or being absent without leave is now considered to have been unduly harsh,
(b) an apology for such treatment,
(c) an acceptance that the acts of desertion and being absent without leave occurred in the special circumstances of the Second World War, and
(d) an exoneration in respect of those acts;
“relevant person” means a member of the Defence Forces who deserted or was absent without leave during the course of the Second World War and who subsequently served with forces (including the armed forces of a country) fighting on the Allied side in that war.
Immunity from prosecution for deserters and those absent without leave in certain circumstances.
3.— Proceedings for desertion or being absent without leave shall not be brought against a relevant person.
Limitation of Act.
4.— (1) This Act shall not operate to—
(a) confer any right on any person,
(b) create any cause of action, or
(c) impose any liability on the State or on any person.
(2) Section 2 shall not have the effect that a pardon under Article 13.6 of the Constitution would have.
Short Title.
5.— This Act may be cited as the Defence Forces (Second World War Amnesty and Immunity) Act 2013.