Bernard Allen
Question:133 Mr. Allen asked the Minister for Defence the number of persons dismissed from the Army, as set out under the Defence Act , 1954, section 47 (2), for each of the years from 1966 to date in 1997. [16834/97]
Written Answers. - Army Dismissals.
Bernard Allen
Question:134 Mr. Allen asked the Minister for Defence the number of persons dismissed from the Army for each of the years from 1966 to date in 1997. [16835/97]
Bernard Allen
Question:135 Mr. Allen asked the Minister for Defence if he will give details of the reasons for which an officer of the Defence Forces may be retired in accordance with the Defence Act, 1954, section 47(2). [16836/97]
I propose to take Questions Nos. 133, 134 and 135 together.
Section 47 (2) of the Defence Act, 1954 prescribes that "An officer may for any prescribed reason be retired by the President". Pursuant to the provisions of that section of the Defence Act, paragraph 18 of the Defence Force Regulations A.15 — Officers (Appointments, Promotions, etc.) — prescribes as follows:
18. (1) An officer may be retired pursuant to subsection 47 (2) of the Act for any of the following reasons:
(a) on his being found, on medical classification or reclassification, to be in medical category E unless the Minister, in accordance with paragraph 74 of Defence Force Regulations A.12, otherwise directs;
(b) if he is undergoing treatment in a sanatorium abroad, on the director, medical corps, being of opinion, from a report obtained from the medical superintendent of the sanatorium, that he is in medical category E;
(c) if, on the expiration in his case of the total periods of sick leave and/or hospital treatment and/or sanatorium treatment authorised by Defence Force Regulations A.12, he is, in the opinion of the Director, Medical Corps, in medical category D or E;
(d) on his being certified to be of unsound mind by an officer of the Medical Corps who is a registered medical practitioner or, where such an officer is not available, by a civilian registered medical practitioner;
(e) for misconduct or inefficiency;
(f) in the interests of the service.
(2) An officer shall not be recommended for retirement for misconduct or inefficiency or in the interests of the service unless or until the reasons for the proposed retirement have been communicated to him and he has been given a reasonable opportunity of making such representation as he may think proper in relation to the proposed retirement.
In the period 1966 to 1997 a total of three persons were retired from the Permanent Defence Force by the President pursuant to section 47 (2) of the Defence Act, 1954. Additionally, in the same period two persons were dismissed from the Force pursuant to section 50 of the Defence Act. Section 50 of the Defence Act states:
50 (1) The president may dismiss any officer.
(2) Except in the case of an officer who is sentenced by a civil court to suffer penal servitude or imprisonment for a term exceeding six months or who is absent without leave for a period exceeding three months, an officer shall not be dismissed under this section unless or until the reasons for the proposed dismissal have been communicated to him and such officer has been given a reasonable opportunity of making such representation as he may think proper in relation to the proposed dismissal.
(3) An officer who is dismissed shall cease to be an officer.