asked the Minister for Defence if he will bring amending legislation forward immediately, on the Defence Act, 1954, section 107 and others, if necessary, to ensure that there is no exemption from civil law available to members of the Defence Forces; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Amendment of Defence Act, 1954.
26.
As part of a general review of defence legislation, the provisions of the Defence Act, 1954, which relate to exemption of men of the Defence Forces from civil process, are under examination.
Would the Minister indicate whether he will bring forward legislation, as a matter of urgency, in this Dáil session, to amend the 1954 Act? Furthermore is he aware that in certain circumstances — with particular regard to the special category £5,000 grant which was made available by the Minister's predecessor last year as a result of representations from this side of the House — members of the Defence Forces availing of these special grants cannot get mortgages or bridging finance in order to rehouse themselves in private housing because the security within the provisions of the 1954 Defence Act leaves them immune from civil law? Would the Minister immediately review the position and introduce the necessary legislation to amend that Act, as the members of the Defence Forces themselves wish to be on an equal basis with ordinary civilians vis-à-vis civil law?
I might point out to the Deputy that draft legislation is in course of preparation and will come before the House in due course——
This session?
——not this session — with a view to limiting the categories of exemption now obtaining under the provisions of the 1954 Defence Act. I understand the pressures there are on some personnel. Hopefully this proposed legislation will help them to deal with some of the financial problems they may be experiencing.
We on this side of the House would be prepared to accommodate the Minister in that legislation if he could bring it forward this session, because it is urgently required.
I cannot give any such guarantee.