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Tuesday, 11 Jul 2017

Written Answers Nos. 60-65

Air Corps Strength

Questions (60)

Bernard Durkan

Question:

60. Deputy Bernard J. Durkan asked the Taoiseach and Minister for Defence the extent to which the Air Corps has sufficient personnel, equipment and training to meet all emergencies as required, on land or sea, including coastal patrols and air and sea rescue; and if he will make a statement on the matter. [32483/17]

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Written answers

My priority as Minister with Responsibility for Defence is to ensure that the operational capability of the Army, Air Corps and Naval Service, is maintained to the greatest extent possible so as to enable the Defence Forces to carry out their roles as assigned by Government. The Air Corps continues to provide a broad range of services on a daily basis in accordance with its primary security roles including Army and Naval Service supports, maritime patrols and fishery protection and supports in Aid to the Civil Power (ATCP). In 2016, as with all other elements of the Defence Forces, the Air Corps responded to 100% of requests for ATCP support, comprising 1,350 separate missions, and carried out 297 separate maritime patrol missions.

In addition, the Air Corps continues to undertake a diverse range of non-security related tasks such as the Emergency Aeromedical Support service, as well as inter-hospital transfers and Search and Rescue (SAR) supports which are provided in accordance with relevant Service Level Agreements.

With regard to the recruitment and training of personnel, 10 Air Corps Pilot Officer cadets are due to be inducted in Q3 2017 and there are currently 3 Cadet Classes, with 26 personnel at various stages of their Pilot Officer ‘Wings Course’. Training is on-going with three Air Corps Apprentice Aircraft Technician classes plus 12 personnel in Air Traffic Services Training.

Equipment priorities for the Air Corps are being considered in the context of the lifetime of the White Paper on Defence. The White Paper provides that the Air Corps will see the Cessna fleet replaced with three larger aircraft suitably equipped for Intelligence, Surveillance, Target Acquisition and Reconnaissance tasks. A Fixed Wing Utility Aircraft (Cessna replacement) tender competition was initiated on the 4th May with submissions received by the deadline of the 29th June. The evaluation process is now underway.

The White Paper also provides for the replacement of two CASA 235s Maritime Patrol Aircraft with larger more capable aircraft. In addition, a PC-9M aircraft to replace the aircraft lost following a fatal crash in 2009 was delivered last week at a cost of €5m plus VAT.

I am satisfied that the range of measures and initiatives being taken will enhance the resources available to the Air Corps and help to ensure that the Defence Forces can continue to fulfil all roles assigned by Government in the White Paper on Defence.

Defence Forces Courts-Martial

Questions (61)

Brendan Ryan

Question:

61. Deputy Brendan Ryan asked the Taoiseach and Minister for Defence if the Judge Advocate General has made a report on military trials over the past two years; if so, if it will be made public; and if he will make a statement on the matter. [32480/17]

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Written answers

Section 15 of the Defence Act 1954 provides for the appointment of a Judge Advocate General of the Defence Forces. It stipulates that the Judge Advocate General shall be a practicing barrister-at-law of at least ten year’s standing, but cannot be a member of the Defence Forces and shall be appointed by, and hold office during the pleasure of, the President. The current Judge Advocate General was appointed with effect from 24 September 2001. The duties assigned to the JAG on her appointment in 2001 were as follows:

a) The furnishing of advice and recommendations on proceedings of courts-martial before the findings and/or sentence are, where confirmation is required, confirmed by a confirming authority and;

b) The furnishing of advice generally on matters of military law.

The Judge Advocate General also exercises duties in relation to the holding of courts martial. The Courts Martial Administrator to whom she provides general supervision is appointed under her warrant. She is a member of the Committee which identifies persons wishing to be considered for the appointment of military judge. She administers the oath to be sworn by a military judge and she is an ex officio member of the Court Martial Rules Committee. The Judge Advocate General discharges her duties on a part time basis.

No report has been made to the Government on military trials over the past two years; nor is there any statutory obligation on the Judge Advocate General to have furnished such a report.

Question No. 62 answered with Question No. 58.
Question No. 63 answered with Question No. 43.
Question No. 64 answered with Question No. 40.

Industrial Relations

Questions (65)

Lisa Chambers

Question:

65. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence if the Defence Forces access to the industrial relations mechanisms of the State will be changed in tandem with changes to the rights of An Garda Síochána; and if he will make a statement on the matter. [32508/17]

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Written answers

As I have previously stated, I am keeping this matter under review pending the output of the Working Group on Industrial Relations Structures for an Garda Síochána, which has been established by the Department of Justice and Equality.

Under the terms of the Defence (Amendment) Act, 1990 the Defence Forces Representative Associations are prohibited from being associated with, or affiliated to any trade unions, or any other body. Accordingly, the Representative Associations cannot be affiliated to ICTU. The basis for the prohibition is that it would be inappropriate to apply the provisions of the Industrial Relations Act, 1990 to members of the Defence Forces.

The taking of any form of industrial action is irreconcilable with military service. This is a long standing policy position taken by respective Governments since the foundation of the State. The Defence Forces may be called on to contribute to maintaining vital services in times of industrial action. The potential for serious difficulties and conflicts could arise in these circumstances if the Defence Forces Representative Associations were associated with, or affiliated to ICTU, given ICTU rules in relation to such matters.

The Conciliation and Arbitration scheme for members of the Permanent Defence Force (PDF) provides a formal mechanism for the PDF Representative Associations, RACO and PDFORRA, to engage with the Official side. The purpose of the scheme is to provide a means for the determination of claims and proposals from the Associations relating to remuneration and conditions of service.

In addition, a framework exists which facilitates the Associations engaging with the official side in talks parallel to those taking place between ICTU and the official side at National level.

However, I can advise the Deputy that I plan to initiate a review of the Conciliation and Arbitration Scheme for members of the Permanent Defence Force, with the review to commence before the end of 2017. The output from the Working Group, which is considering Industrial Relations Structures for an Garda Síochána, will be considered as part of the review of the arrangements for the Permanent Defence Force.

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