Personnel Issues

Table of Contents

Eligibility for Recruitment

The Chief of Staff is responsible for personnel matters in the Defence Forces.

Age limits, heights and physical standards are prescribed. Soldiers may enlist for a period of 12 years or a lesser period as may be prescribed. After this initial enlistment, service may be extended on application for up to a further period of 21 years with provision for some shorter extensions after that.

Certain persons are ineligible to be recruited to the Army. These include

persons discharged from the permanent or Reserve Defence Forces, military, naval or police services.
Members of an Garda Siochana
existing members of the forces.
persons convicted of serious offence by a civil court.
persons belonging to the armed forces or police forces of another state
certain persons in receipt of disability pensions
persons ordinarily resident outside the state
persons convicted by the Special Criminal Court of certain offences against the State unless certain periods have expired, or a pardon has been granted.
persons failing to meet the requisite standards

The 2024 Act amends provisions the Defence Act relating to the re-engagement of enlisted persons. The purposes is too address restrictive provisions in the Defence Act concerning re- engagement in the Defence Forces, removing obstacles to increasing the upper age limits for enlistment.

Enlistment Promotion & Transfer

Enlistment is undertaken by taking an oath but is based on contractual terms. The contract has certain statutory terms and conditions. However, a soldier is an office holder and not an employee.

There are provisions, subject to conditions, for transfer between one service corps and another. Minimum periods may be required before transfer is allowed. Soldiers may be detached from the unit to which they belong and attached to another unit within the same command or another command by arrangement between the commanding officers.

Promotions up to the rank of Corporal require a recommendation by the commanding officer, good military conduct ratings and completion of training courses and instructions. Promotions above the rank of Corporal to the rank of Sergeant are made by the Chief of Staff. Canvassing is forbidden.

Demotion & Discharge

Non-commissioned officers may be reduced in rank voluntarily, by court-martial decision or by the Chief of Staff where there are good grounds.

Persons may be discharged from the military

by order of prescribed military authority
on foot or a sentence of discharge with or without ignominy by court-martial
or in pursuance of the direction of the Minister or authorised officer for a prescribed reason.

Prescribed reasons (by which person may be discharged by direction of the Minister or officer authorised) include

improper enlistment,
application for discharge by purchase subject to certain conditions
own request after 12 years
conviction by the Special Criminal Court
appointment to be an officer
completion of engagement (requires to re-enlist).

A female soldier may request on marriage or becoming pregnant to be discharged

Discharge by Commanding Officer

The officer commanding may discharge where

a person has been convicted
misconduct
on request to take up a civilian appointment
on application for compassionate reasons,
is not likely to become efficient.
whose services are no longer required.

Other applications are made to the Chief of Staff.

As an officeholder, the principles of constitution and natural justice apply to a discharge on a non-consensual basis. Where the reasons are discreditable, there is a greater obligation to ensure the person is given the opportunity to meet his case as it will reflect on his character.

Women

Women were permitted to enter the Defence Forces in 1979. In 1992, women members were given access to all appointments. This applies to both the Permanent Defence Forces and the Reserve Defence Forces.

Females are entitled to equality of opportunity in relation to overseas missions with the United Nations. Cognisance may be taken of the nature of the operation, facilities, customs, culture, religious ethos and the role of women in the relevant society.

The purpose of Defence (Amendment) Act 2024 is to provide for the establishment of a statutory External Oversight Body for the Defence Forces giving effect to a key recommendation of the Independent Review Group on Dignity and Equality issues in the Defence Forces.

A controlled drug testing programme for members of the Defence Forces has been in place for a number of years. The 2024 Act provides a statutory basis underpinning the testing programme.

Terms & Conditions

Officers and soldiers of the Defence Forces are obliged to render military service within or outside the State.

Terms and conditions, including pay and employment allowances, are prescribed by law. Pay may be forfeited due to absence without leave, imprisonment and other circumstances.

The 2024 Act replaces the requirement for the Minister for Defence to prescribe in regulations changes to the rates and scales of pay for members of the Defence Forces and Army Nursing Service and move to a more modern way of disseminating pay scale updates to members. Following the enactment of this legislation, the pay scales of members of the Defence Forces will be published on a website maintained by, or on behalf of, the Minister for Defence.

There are special provisions in relation to the deduction of pay. Deductions in pay are prohibited save on limited grounds. There are special provisions allowing for the deduction of maintenance orders which are over and above the standard provisions under maintenance and childcare legislation. Military earnings are not capable of being attached for civil debts.

The arms, equipment, clothing, and service necessaries may not be seized ceased by a court order.

Health

The officers commanding barracks and units, camps and posts are responsible for the health of all personnel whom they command. They must have them medically inspected when they consider necessary. The medical officer may advise the commanding officer that a medical examination should be carried out.

A medical board classifies members of the Defence Forces in accordance with their medical category. Examinations are recorded and answered on the soldier or officer’s medical book.

Fitness

There are categories of mental and bodily fitness prescribed by regulation. They are categorised in accordance with their physical abilities and efficiencies. Their physical and mental constitution, vision, hearing, and general health are considered. There are specific tests of hearing and vision undertaken. There are various gradings, depending on their ability to undertake physical exertion.

Recruits, cadets and other entrants are required to achieve minimum standards following examination. Members of the Defence Forces undertake examination at least every 12 months and may be reclassified at intervals of three years or on certain other occasions as may be designated by commanding officers and other officers of the Defence Forces.

Once a member of the Defence Forces is over forty years of age, he is automatically downgraded from a fitness perspective. The effect of re-classification depends on the nature of the category and the soldier or officer’s position. Persons training to be officers may be unable to obtain the relevant grade. A person may be ineligible for certain categories of service, including service overseas. Eligibility for extension of service and re-engagement may be restricted.

Illness

An officer or soldier who is unable to perform normal military duties because of physical or mental disability may be granted sick leave. He may be required to undergo a medical examination as often as advised.

There are provisions for the extension of sick leave. If a person is unable to resume duty after a number of extensions, he may be obliged to retire from the Defence Forces.

There are separate but similar rules in respect of non-commissioned officers and private soldiers.

Certain reclassifications have serious consequences for the member’s future. Because of the fact that reclassification may have an adverse effect on the career of a Defence Forces member, Constitutional fair procedures are required. . They must be informed of the re-classification given the opportunity to make representations before it becomes final. He may have his own medical or legal representative for the purpose of making representations. He is to be given copies of the medical documents.

Political Activities

Members of the Permanent Defence Forces may not join any political organisation or secret society. Members of the Reserve Defence Forces may not join a secret society.

Members of the Reserve Defence Forces who are continuously engaged in military service or called out on permanent service may not take part in certain specific political activities. It is an offence to organise or attempt to organise any secret society amongst members of the Defence Forces or to assist or partake in any such activity.

Defence Forces members may not become members of local authority, ETB and may other bodies. They are ineligible for jury service.

Representative Bodies

The Defence (Amendment) Act 1990 provides for the establishment and operation of military representative associations. The 2024 Act clarifies that the relevant section will operate without prejudice to the Defence (Amendment) Act 1990 and any regulations made thereunder.

The 2024 Act amends the provisions that members of the Permanent Defence Force will not join or be members of any political organisation or society. It clarifies the activities of a public or political nature prohibited by individual members of the Permanent Defence Force while in uniform or otherwise identifying as a member of the Permanent Defence Force.

The Act provides for the creation of a statutory framework for the Minister for Defence to grant consent to the Permanent Defence Force representative associations to associate with the Irish Congress of Trade Unions (ICTU) and to impose conditions that will apply to the granting of any such consent.

The Minister will have the power to impose conditions when giving consent to any such association or to vary or withdraw any consent previously given. The provisions relating to associate ICTU membership will facilitate attendance by military representative associations at national pay talks.

The prohibited activities set out will apply in full to all representative associations across the Defence Forces, representing both commissioned officers and non-commissioned personnel, but without prejudice to the purpose of an association to represent their members.