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Legislative Programme

Dáil Éireann Debate, Wednesday - 16 October 2013

Wednesday, 16 October 2013

Questions (112)

Barry Cowen

Question:

112. Deputy Barry Cowen asked the Minister for Defence the number of Bills his Department has published since March 2011; the number of regulatory impact assessments that his Department has published since March 2011; and if he will make a statement on the matter. [43812/13]

View answer

Written answers

My Department has published the following bills since March 2011:-

1. Defence (Amendment) Act 2011 – The Act provides for amendments to the Defence Acts to expand the potential candidature for appointment to the post of Military Judge and the Director of Military prosecutions to persons other than members of the Defence Forces and for an amendment to the powers of the Selection Committee to determine a candidate’s qualification for appointment to these posts. It also provides for the appointment of a Circuit Court Judge to perform the functions of the Military Judge where the Military Judge is not available.

2. Civil Defence Act 2012 - This Act repealed the Civil Defence Act 2002, dissolved the Civil Defence Board and transferred its functions, property, rights, liabilities and other responsibilities back to the Department of Defence.

3. Defence Forces (Second World War Amnesty and Immunity) Act 2012 - The Act provides for the granting of an amnesty and apology to those members of the Defence Forces who served with forces fighting on the Allied side during World War II and who were subsequently found guilty by a military tribunal or who were dismissed from the Defence Forces pursuant to the provisions of the Emergency Powers (No. 362) Order 1945. In addition, it also provides an immunity from prosecution, to those who were, or who still are, liable to be prosecuted for, desertion or being absent without leave.

There have been no Regulatory Impact Assessments carried out by my Department since March 2011. The Department of Defence is not a regulatory authority as commonly understood. The Defence Acts and Regulations made thereunder are for the most part, focused on the Defence Forces only and do not apply to the ordinary citizen or to business. Notwithstanding this, the Department applies the principles set out in the Regulatory Impact Assessment (RIA) Guidelines issued by the Department of the Taoiseach where appropriate.

Question No. 113 answered with Question No. 110.
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