Dáil Éireann Debate, Wednesday - 17 November 2004
69 Mr. Broughan asked the Minister for Defence if his attention has been drawn to the recent remark by a person (details supplied) that the case of 13 soldiers serving in Donegal who face dismissal should be decided within the existing industrial relations framework and not left to the discretion of the men’s superior officers; if he has held discussions with PDFORRA regarding this case; and if he will make a statement on the matter. [28820/04]
View answerThe discharge of enlisted personnel is governed by the Defence Act 1954, as amended and by the relevant Defence Forces regulations and Defence Forces administrative instructions. Under the relevant regulations, unit commanders or sub-unit commanders are not the authorised officers or the prescribed military authorities for the purpose of the discharge of enlisted members of the Defence Forces.
In the matter referred to by the Deputy, the military authorities advise that they are not aware of the identity of the particular individuals to whom the question relates. However they advise that no member of the Defence Forces was threatened with discharge nor is any member facing discharge at this time. A number of enlisted personnel were, however, informed verbally and in writing, by their sub-unit commander, that there was a possibility that they may not meet the criteria, as laid down in regulations and administrative instructions, to continue to extend service in the Defence Forces and they were advised of the possible consequences. The action of the sub-unit commander does not contravene regulations and is viewed as good management practice. Indeed, if the sub-unit commander had not so informed these personnel he might have left himself open to an accusation of failing to give timely advice and warning to those concerned.
