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

SECTION 51.

Captain Cowan

I move amendment No. 62 :—

In sub-section (1) after paragraph (e) to add a new paragraph as follows :—

(f) the retirement under sub-section (6) of Section 47 of an officer of the Permanent Defence Force.

Sub-section (1) provides that the appoinment of a person as an officer, the retirement under sub-sections (2) or (3) of Section 47 of a person from the Permanent Defence Forces, the relinquishing of a commission by an officer in the Reserve of Officers, the resignation by an officer of his commission and the dismissal of an officer shall, in each case, take effect on such a date as the President may fix, but if an officer retires under sub-section (6) of Section 47, his retirement shall take effect from such date as the Minister may fix. We should have no distinction there. In all cases, it should take effect as from the date the President determines.

Mr. Traynor

This is where the date is automatic by reason of the fact that a man has reached the expiration of his service. There are quite a number of cases of that type which come up every year, as the Deputy can well imagine. The retirement of an officer has ordinarily to be brought before the Government and the President, but it was agreed that because of the numerous retirements on age grounds, the time of the Government and the President should not be taken up with something which was automatic and which the Minister himself could deal with. That is the explanation. It is merely a question of saving time. It is automatic and there has never been any question of anyone being aggrieved.

Captain Cowan

The sub-section says that retirement under sub-section (6) of Section 47 shall take effect from such date as the Minister may fix, which suggested that the Minister fixed a date, that it was not automatic, whereas, in the other five cases, it was the President. I think that where there is only one case outside the five it could very well go in with the first sub-section and that it should take effect on such date as the President may fix, which, in effect, would be the date the Minister fixed.

Mr. Traynor

Everything is done in the name of the Minister, and the Adjutant-General, who has the records before him, must always keep in mind the dates on which the service of officers will expire. He informs the Minister in due course that and the date on which an officer reaches retiring age is the date to be fixed for his retirement.

Captain Cowan

That explanation satisfactory and I will not press the amendment.

Amendment, by leave, withdrawn.

Amendment 63 not moved.

Question—" That Section 51 stand part of the Bill "—put, and agreed to.