Vol. 472 No. 6
5 Mr. M. Smith asked the Minister for Defence the reason a sergeant (details supplied) in County Laois was transferred from category C to E and discharged from the force following outstanding service to the country at home and abroad. [24002/96]
The individual in question appeared before a medical board on 14 December 1995 to determine his appropriate medical category and medical suitability for service with the Defence Forces. The medical board determined that he be reclassified medical category E. Defence Force regulations prescribe that personnel classified medical category E are regarded as not possessing the medical standard required for service with the Defence Forces and further provide that where a non-commissioned person is found to be medical category E his commanding officer shall initiate action towards his discharge.
The individual concerned availed of all the internal appeal procedures open to him. His appeal was unsuccessful but following further representations the date of his discharge has been extended to 12 March 1997, that is, the date he is due to terminate his present service engagement. However, I am aware of the circumstances of this case and I will review the position again before the date of his discharge.
I gave serious consideration to the matter before putting down this question for priority. I wish to read one or two brief extracts——
I am sorry but the Deputy ought to know that quotations at Question Time are simply not in order. This is a long-standing rule and precedent of this House.
I am happy to accept your ruling but we are dealing with a circumstance where a livelihood, status and dignity are concerned. I was anxious that this House should have available to it the detailed information.
There are other ways open to the Deputy.
Suffice to say that the senior physician who examined this young man with 23 years service stated that his cumulative sick leave was for periods which were totally insignificant and that he should be retained. His commanding officer stated he had outstanding service, was totally reliable and dependable. This is in an age when strenuous efforts are being made to give equality to people with special needs. I ask the Minister therefore, since time is running out — and there are only days left in terms of the opportunity for this man to be retained in military service — that a decision be taken immediately for a further appeal to be made and that common sense should prevail. The Minister knows there are many serving members with sick leave records totally different from this one in terms of time and so on. I appeal in the strongest way possible as I believe an injustice is being done. I want some indication that the right thing will be done before it is too late.
The Deputy should be aware that I said in reply to the question that his date of discharge has been extended to 12 March 1997. This is as a result of my ongoing inquiries into the matter. It is not a question of days. I am sure the House will appreciate that for reasons of medical confidentiality it is not open to me to disclose this person's illness. I have made inquiries, I have asked for the file and have sent back a number of queries. I am satisfied that within the Defence Force regulations all appeal procedures have been followed. I am not a professional medical person and cannot say whether somebody is suitable or not. There are Defence Force regulations to which I have to adhere and I do not have a great deal of discretion. So far as the appeal procedures are concerned, this man has used every appeal procedure open to him right up to the adjutant general. Based on the medical advice given by the director of the Army medical services the decision was taken. I can assure the Deputy I am aware of the circumstances and will review the position again before the date of his discharge. I am always conscious of people, particularly those with families, who are left in a difficult position because of illness. In normal circumstances I am sure ways could be found to facilitate some people but unfortunately there are knock-on effects. If somebody in medical category E was discharged while somebody else in the same category was retained, despite the Defence Force regulations, it would have a knock-on effect. That is the difficulty in which I find myself. I have listened to what Deputy Smith has said and I assure him I will do everything I possibly can to see if there is any way out of this.
Will this mean that anyone who may suffer from that particular medical problem will be automatically transferred from category C to E and discharged? Is the Minister aware that in the American army the medical classification was changed in 1989 to allow somebody suffering from any particular medical problem, which can respond to treatment, to be retained in the service? Will he therefore agree that the medical classification and the procedures in that board, which seem to defy logic, fairness, equality, humanity, should be changed immediately so that no other family will have to suffer in the same way as this one? I am not here to pillory the Minister or to point the finger at him.
We are having an extension of the subject matter.
I would not want it to go on the record that I agreed that those who were involved in the examination process acted in an inhumane or unfair way. Professional people have a job to do and they do it professionally. I would not question their integrity and the manner in which they do it. The Defence Force regulations are there. I am not a medically qualified person and cannot say what is the position in this case. I am aware of the illness and what has happened to date. I have done everything I possibly can to try to resolve it and the date of discharge has been extended to 12 March 1997 to give more breathing space. If I can do anything I will endeavour to do it.
