Departmental Functions

Dáil Éireann Debate, Tuesday - 18 February 2014

Tuesday, 18 February 2014

Questions (605)

Seán Ó Fearghaíl

Question:

605. Deputy Seán Ó Fearghaíl asked the Minister for Defence if he will detail in tabular form any legislation in place for which his Department is responsible for enforcing that also confers powers or responsibilities or a consultative or advisory role on the Minister for Justice and Equality, the Department of Justice and Equality, the Garda Síochána or any authorised person within organisations under the aegis of the Department of Justice and Equality; the nature of any such powers, responsibilities, consultative or advisory roles conferred on same; and if he will make a statement on the matter. [8129/14]

Written answers

Minister for Defence

The information sought by the Deputy is set out in the following table.

Legislation	Section	Details
Defence Act 1954, as amended	37 (4) Billeting during a period of emergency	Where by regulations made under this section any powers or duties are conferred or imposed on members of the Garda Síochána or where such regulations provide that any arrangements with regard to billeting shall be made in consultation with any member of the Garda Síochána, such regulations so relating to the Garda Síochána shall be made with the concurrence of the Minister for Justice.
Defence Act 1954, as amended	38 (6) Billeting in peace time	Where by regulations made under this section any powers or duties are conferred or imposed on members of the Garda Síochána or where such regulations provide that any arrangements with regard to billeting shall be made in consultation with a member of the Garda Síochána, such regulations so relating to the Garda Síochána shall be made with the concurrence of the Minister for Justice.
Defence Act 1954, as amended	192 (4) (a) Jurisdiction of courts-martial	The Minister, with the concurrence of the Minister for Justice, may make regulations with regard to the exercise of the jurisdiction conferred on courts-martial by section 169 and may in particular by the regulations provide that the exercise of such jurisdiction shall depend on the consent of such civil authority as may be specified in the regulations.
Defence Act 1954, as amended	184LA inserted by section 7 of the Defence (Amendment) Act 2011	Provides that the Minister may, having consulted with the Minister for Justice and Equality, request the President of the Circuit Court to temporarily designate, under section 11A of the Courts of Justice Acts 1947, one, or more than one, Circuit Judge to perform the functions of a military judge in certain circumstances.
Courts-Martial Appeals Act, 1983	23 Rules of Court	The Superior Courts Rules Committee shall, with the concurrence of the Minister for Justice, make rules of court for the purposes of this Part of this Act.