Special Committee Defence Bill, 1951 debate -
Thursday, 20 Mar 1952

SECTION 50.

Captain Cowan

I move amendment No. 59 :—

In sub-section (1), line 38, to add after the word " officer " the words " who is sentenced by a civil court to suffer death, penal servitude or imprisonment or who is absent without leave for a period exceeding three months ".

The sub-section sets out that the President may dismiss any officer and I propose to add thereafter the words in the amendment. I want to limit the power of the President to the dismissal of an officer for the reasons set out, instead of saying that the President may dismiss any officer at his discretion.

Mr. Traynor

This would be an interference with the principle that every officer holds his commission at the will and pleasure of the President, acting on the advice of the Government. It is within the competence of the Minister and the Government to recommend the President to dismiss an officer without his having being sentenced by a court-martial or a civil court or for absence without leave. Such a case might be that of an officer guilty of gross misconduct or inefficiency or dereliction of duty in circumstances so clear as not to require a trial. The section is the same as the section in the 1937 Act.

Captain Cowan

Sub-section (2) sets out :—

" Except in the case of an officer who is sentenced by a civil court to suffer death, 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. . . . "

To some extent, therefore, my amendment means the transfer of certain words from sub-section (2) to sub-section (1). That is part of it. I accept what the Minister says, that the President must have the right to dismiss an officer. I am not pressing the amendment and, in any case, what the Minister has said fortifies the argument I advanced on the previous sections of justice and equity with regard to the President having the right to dismiss and the officer the right to go.

Amendment, by leave, withdrawn.

Captain Cowan

With regard to amendments Nos. 60 and 61, I should like to take amendment No. 61 first. I move amendment No. 61 :—

In sub-section (2), lines 40 and 41, to delete the words " for a term exceeding six months ".

It is an amendment which I think the Minister will accept. The sub-section speaks of the dismissal of an officer who is sentenced to imprisonment for a period exceeding six months. I feel that if an officer is sentenced to imprisonment by a civil court, he ought to be dismissed by the President.

Chairman

What about being drunk in charge of a car?

Mr. Traynor

If it were a case of a man being sentenced for the dangerous driving of a motor car, it would not necessarily involve his dismissal.

Mr. Carter

It would be a harsh amendment.

Captain Cowan

I accept what the Minister says and I am glad that that merciful view is being taken.

Amendment, by leave, withdrawn.

Amendment No. 60 not moved.

Section 50 agreed to.