Dáil Éireann Debate, Tuesday - 27 April 2004
209 Mr. Allen asked the Minister for Defence the reason the amendment of Defence Force Regulations 18(1)(f)(2) was done and the reason it was done at that precise time; and if it was found that the regulation was unconstitutional. [11386/04]
View answerIt is presumed that the question refers to Amendment No. 93 to Defence Force Regulations A.15. This amendment came into effect on 14 February 1985.
The purpose of Amendment No. 93 to Defence Force Regulations A.15 was to amend the provisions of Part IV of the regulation which relates to the appointment of officers with professional qualifications. A number of provisions had become out of date by 1985, for example, they did not take account of the fact that women were eligible for appointment as medical and dental officers, nor of the introduction at that time of a short-service commission scheme for medical officers. It was decided at that time to avail of the opportunity to make various other necessary changes in other parts of the regulations and to delete obsolete provisions which were no longer relevant. The effective date of the provisions of the amendment, 14 February 1985, was the date on which the Minister for Defence signed the draft amendment, following approval being received from the Minister for Finance.
Prior to the amendment, paragraph 18(2) provided that an officer of the Permanent Defence Forces should not be recommended for retirement for misconduct or inefficiency unless or until the officer had been given a reasonable opportunity to make such representations as she or he might think fit in regard to the proposed retirement. Amendment No. 93 to paragraph 18(2) extended these particular provisions to comprehend retirement in the interests of the service.
