Dáil Éireann Debate, Wednesday - 31 May 2023
34. Deputy Ivana Bacik asked the Tánaiste and Minister for Defence if he will report on the procedure in place where a member of the Defence Forces submits a resignation; the grounds on which such a resignation can be refused; and if he will make a statement on the matter. [26632/23]
View answerThe Defence Act 1954 Section 49 states that an officer, who wishes to resign, must tender the resignation of their commission to the President in the prescribed manner. This may be done so through the usual military channels.
With regards to a tender of resignation, the Military Authorities shall make a recommendation to the Minister, as to its acceptance or otherwise, having regard to the provisions of Defence Force Regulations (DFR). They shall consider whether there are any circumstances, which might indicate that the resignation of a commission tendered by the officer, should not be accepted.
One such provision to be considered is DFR A15 Paragraph 19.
This paragraph prescribes that an officer who has undertaken to recoup the Minister any charges to public funds incurred on their behalf in connection with a course of training or education, in the event of their resignation within a specified period, shall not be permitted to resign within such period until such sum has been paid to the Minister.
In terms of responsibility to financial governance and accountability, it is essential that monies owed to the Exchequer be recouped before the Officer's commission is relinquished.
It should be noted that the refund of undertakings is standard practice across the civil service and many other organisations.
