I move that the Bill be now read a Second Time. The purpose of the Bill is to amend the existing Defence Forces (Temporary Provisions) Acts by the enactment of certain provisions which are essential or highly desirable in the light of the present emergency. For the purpose of explanation, I may divide the provisions of the Bill broadly into the following categories and deal with the most important provisions under these heads:—(1) provisions regarding liability to service and active service; (2) provisions regarding the coast watching and marine service; (3) provisions of an emergency nature; (4) provisions regarding certain matters affecting neutrality; (5) provisions arising out of the establishment of the Irish Red Cross Society, and (6) provisions to simplify administrative procedure.
As regards the first category, the liability of members of the Defence Forces to be employed on military service is rather unsatisfactorily set out in existing legislation, and Section 41 (1) of the present Bill now prescribes that the actual liability of members of the Defence Forces, other than the crews of State ships, who will be mentioned later, to be employed on military service is confined to the area of the State. It is, however, also provided at Section 5 that when, as occasionally happens, any personnel are abroad on courses of instruction, or as members of equitation teams, etc., they will, while so abroad, be subject to the provisions of the Defence Forces Acts in matters such as discipline, for example. This position has not hitherto been clearly stated owing to the fact that until the passing of the present Constitution, it was not possible to apply the Acts extra-territorially.
The definition of active service as contained at Section 2 of the Defence Forces (Temporary Provisions) Act, 1923, has been amended. The section in question was rather unfortunately worded as it empowered the Government to place the troops on active service by declaration only in the case of imminent or recent operations against an enemy. It is undesirable that a declaration of active service should be synonymous with a declaration that imminent attack by an enemy is visualised. Section 6 (2) of this Bill provides, therefore, that the Government may declare the Defence Forces to be on active service when the circumstances appear to warrant such a course.
With regard to the second category, the marine and coast watching service was established over a year ago. Among other things, a small number of motor torpedo boats and patrol boats of the trawler type have been, and are being, acquired for the patrolling of the territorial waters of the State. In this connection, the Bill contains provision at Section 50 for the Minister for Defence, with the consent of the Government, to construct, acquire, equip, maintain and commission public armed vessels. The strength of the marine and coast watching service is not at present so large as to justify its maintenance as a separate force. It will accordingly be maintained as a component of the Defence Forces and the Defence Forces Acts will apply to the personnel of the service. Provision has been made to enable marine ranks and ratings— comparative scales of which are included at Sections 17 and 18 of the Bill—to be conferred on the officers and crews of the vessels.
Provision has also been made at Section 41 of the Bill for the liability of members of the vessels to serve outside territorial waters and, at Section 5, for their being subject to military law while so serving. The vessels might have to proceed outside the territorial waters in such circumstances as the carrying out of rescue work, or the pursuit of any belligerent vessel which had entered the territorial waters in contravention of International law. The Bill also contains other essential provisions with regard to the marine branch, including, at Sections 45 to 48, and the Sixth Schedule, a code of marine offences on the lines of analogous provisions of the code of military offences.
I next come to the emergency provisions. One of the most important of these is Section 24, which provides for direct enlistment in the Forces for the period of an emergency. As Deputies are no doubt aware, the Government has decided to augment the existing Forces during the present emergency and a recruiting campaign is at present being vigorously prosecuted. Under present legislation, enlistment can be effected for a definite period of years only and the section mentioned is accordingly necessary so as to enable enlistment for the duration of the emergency. The Bill also sets out in detail the procedure in regard to the enlistment, attestation, etc., of recruits who offer their services for the duration of an emergency.
I think I may appropriately deal at this stage with Section 57. This section is designed to ensure that members of the Reserve who are called out on permanent service and persons who enlist in the Forces in time of emergency will be reinstated in their employment on demobilisation. I would like to say in this connection that hitherto very little difficulty has been experienced as regards the reinstatement of members of the Reserve in their employment on release from military duties. The number of complaints received has been comparatively small and where complaints have been made, we have generally been met very fairly on making representations to employers. At the same time, I feel that the question of reinstatement of employees on the termination of the present emergency might become a very serious problem.
I have no fear but that all reputable employers will recognise their responsibilities, but I feel it desirable to provide against any employer who might utilise the present position to dispense with the service of some of his employees permanently. It is also essential in connection with the present appeal for men to augment the existing Defence Forces, that employees should know that all reasonable steps have been taken to secure that their civil employment will be open to them when their services in the Army are no longer required. Reasonable safeguards as between employer and employee in regard to contracts of service and apprenticeship are also provided in the section.
Another section of an emergency nature is Section 12, relating to billeting. The Act of 1923 contains provisions on this matter and the machinery provided for therein has been prepared in connection with the present emergency, although, happily, it has not been found necessary to put it into operation so far. The preparation of the machinery, however, revealed that the prescribed procedure was unsatisfactory in a number of respects. Section 173 of the 1923 Act, which contains the existing powers as to billeting, requires that the Government, by order, must authorise an officer not below the rank of commandant (who must be named in the order) to issue a billeting requisition. The authorised officer must then issue a requisition to the chief officer of police to provide the required billets. This procedure in a matter which in an emergency would require considerable despatch is both cumbersome and rigid. Section 12 of the present Bill empowers the Minister for Defence to issue regulations which will be prepared so as to simplify the present procedure in every possible respect. Billets will be paid for at rates to be prescribed in the regulations.
Section 10 provides that, in a state of emergency proclaimed by the Government, the Minister for Defence may issue warrants requiring transport undertakings to give priority to military traffic. This is a power which would be used only in the most exceptional circumstances. It has been the experience of my Department, during the recent mobilisations, that the various transport companies spared no effort to meet military requirements and no difficulty whatsoever was experienced as regards transport arrangements. It will be understood, however, that circumstances might conceivably arise in which it would be desirable that the power provided for should be available. I may mention that, in other countries, the law provides for the taking over of transport services by the Executive, if necessary, in time of emergency. We do not propose to go so far, but are confining the power sought to what we think might reasonably be necessary.
Another section which I might deal with under the category of emergency provisions, although it may be acted upon at any time, is Section 11. The object of this section is to secure that plant, vessels, vehicles, etc., of transport undertakings which may in an emergency have to be requisitioned for military purposes can be suitably adapted in order to meet military requirements. It also gives power to secure that such plant, vessels, vehicles, etc., in the course of construction will be subject to such modifications and the introduction of such additional fittings as will render them readily adaptable for military purposes without interfering with their normal use.
I should like to make it quite clear that this section is not likely to be extensively used and that if it is used there will be as little interference as possible with the normal use of the articles. A visualised instance, though I must not be taken as stating that this will be done, is that transport companies might be required to adapt omnibuses, by so constructing them and introducing such fittings as would enable them to be used as ambulances in time of emergency. In deciding to introduce this provision, I had in mind that the proposed procedure would be far less expensive than the purchase of new equipment which perhaps might never have to be used for the purposes for which it was bought.
It will be noted that Sections 10 and 11 provide for compensation at rates to be agreed upon in respect of action taken under these sections. In the majority of cases in which the powers provided may have to be used, I feel that there should be no difficulty in reaching agreement as to the amount of compensation. To cover any cases, however, in which agreement may prove impossible, I hope to introduce at an early date legislation providing for a system of arbitration.
It is being provided in Section 56 that the civil law in relation to the control of mechanically propelled vehicles in specified areas, the closing of roads to, and the lighting of such vehicles as well as the ordinary speed limits, etc., shall not apply to military transport and to members of the Forces driving on duty during a state of emergency. Provision is contained at Section 4 for declaration by the Government of a state of emergency for the purposes of all the sections mentioned under the heading of emergency provisions.
I next come to the provisions which I have broadly referred to as "Provisions in relation to neutrality". These will be found at Section 58, and relate to recruitment and the publication of recruiting advertisements for the armed forces of other countries. The Government considers it highly undesirable, having regard to our neutral status, that recruitment for any foreign force should be permitted. For the same reason the Government considers it undesirable that papers printed within the State should contain recruiting advertisements for any foreign forces. It is felt that the newspapers of other countries circulating here will respect our domestic law in the matter.
The provisions of Sections 43 and 44 arise out of the recent establishment of the Irish Red Cross Society. Article 10 of the Geneva Convention of 1929 which was signed on behalf of this State, lays down that in time of war personnel of voluntary aid societies, in order to obtain the protection afforded by the convention, must be subject to military law and regulations. The convention provides that when so subject the personnel of the societies shall be respected and protected in all circumstances, and that if they fall into the hands of an enemy, they will not be treated as prisoners of war. Furthermore, it is expected of all the countries who have signed the convention that they will take the necessary steps by legislation to bring established voluntary aid societies within the scope of the convention for the purposes mentioned. The sections in question are so drafted as to ensure that persons who voluntarily attach themselves to the forces during a period of active service, say as motor drivers or other civilian auxiliaries whom it might be necessary to employ in the field, shall also be subject to military law.
The provisions for the simplification of administrative procedure include direct appointment of officers and direct enlistment of men into the Reserve. It is necessary under existing law that persons whom it is desired to commission as officers of the Reserve or Volunteer force must first be commissioned in the regular forces for one day and retire therefrom, and similarly that persons whom it is desired to enlist for Volunteer force service must first be enlisted in the regular forces for one day and then be transferred to the Reserve. Sub-section 15 (b) and sub-section 16 (c), taken in conjunction with Section 25, will authorise direct commissioning in and direct enlistment to the various classes of the Reserve and will obviate considerable administrative inconvenience. This is a particularly important matter in connection with the present recruiting campaign. The Third and Fifth Schedules of the Bill set out the oath to be taken by officers and men on direct appointment to or enlistment in the Reserve, and the Bill also sets out the procedure for enlistment, attestation, etc. There is provided at Section 54 a simplification of the procedure regarding the transfer of absentees or deserters to military custody by the Gárda Síochána, and at Section 49 a simplification of the procedure regarding the disposal of charges against officers. I think that I have now explained all the most important sections of the Bill.
