Vol. 407 No. 1
331 Mr. O'Dea asked the Minister for Defence if he will consider amending the Defence Force regulations from the current situation whereby a member of the Defence Forces who is convicted for a criminal offence is automatically dismissed and loses his gratutity to a position where the Minister for Defence is given a discretion in the matter.
Under Defence Force regulations, the discharge of a soldier who has been convicted of a criminal offence by a civil court may be directed by the relevant military authority. The discharge of such a soldier is not automatic but is a matter for the discretion of the military authority who, in making his decision, would have regard to all relevant considerations.
The Defence Forces pensions schemes specifically prohibit the payment of a short service gratuity to a soldier who has been discharged as a result of his conviction by a civil court.
I do not propose to amend the provisions in question which are of long standing and, in any event, are not without parallel in other areas of the public service.
