I move amendment No. 45 :—
In line 15, to delete the words "or according to rules of procedure ".
I have put this amendment down for the purpose of getting an explanation from the Minister under the section dealing with courts-martial. That provides for rules of procedure. Are those the rules of procedure that is meant under this section, or what is intended ?
I am advised, and I am sure the Deputy knows, that the Rules of Procedure (Defence Forces), 1946 (S. R. & O. 35 of 1946), contain Rule 106, which reads :—
"Any power or jurisdiction given to, and any act or thing done by, to or before any person holding any military office for the purpose of these rules may be exercised by, or done by, to or before any other person for the time being authorised in that behalf according to the custom of the service."
I am also advised that there was a similar rule in the previous Rules of Procedure, 1923, and that this Section 39 is the same as Section 201 of the 1923 Act. In the present Bill " rules of procedure " are defined in Section 2 as meaning rules for court martial purposes.
The object is, I understand, to prevent any legal difficulties arising from the usage of the Army relating to the delegation of authority by one officer to another. For instance, a report which is required to be made to an officer having the power to convene a court martial may be addressed to his staff officer or adjutant. There is, however, no question of any other officer carrying out any of the functions of a member of a court martial. It is purely administrative.
I am advised that the words " or according to rules of procedure " are necessary in the section to validate the rule and practice I have quoted.
I take it that the new rules of procedure in this Bill will contain a similar section. I only put down this amendment in order to obtain some information.
