Dáil Éireann Debate, Tuesday - 13 February 2024
175. Deputy Matt Carthy asked the Tánaiste and Minister for Defence if he will outline the findings of the Permanent Defence Force adjudication finding of 24 May 2023: RACO and Department of Defence: conditions of service of the Director of Military Prosecutions; and if subsection 2(2A) as outlined within the Defence Forces Amendment Bill 2023 is consistent with the finding of the adjudication finding. [6033/24]
View answerIt is the case that since 23 January 2020, the holder of the post of Director of Military Prosecutions (DMP) cannot be a member of a Representative Association. This point is set out in Defence Force Regulation (DFR) 02/2020, Section 4(1) and Section 6(2).
The draft Defence (Amendment) Bill proposes to confirm that position and to further include the post of the Military Judge (MJ). Both these posts are unique within the Defence Forces, in that the post holders are independent in the performance of their functions, are not obliged to report to anyone in relation to their functions and the post holders are not in the chain of command. Equally, the DMP and MJ posts are for all members of the Defence Forces and as such they must be seen to be wholly independent, by all, both officers and enlisted, in carrying out their specific duties.
Furthermore the posts of DMP and MJ are open to the public to apply and the terms and conditions for those posts are set out in legislation.
The ruling from the Adjudicator, under the Conciliation and Arbitration (C&A) Scheme for members of the Permanent Defence Forces, is currently under appeal to the defence sector Arbitration Board. This appeal is part and parcel of the rights of all parties to the C&A Scheme.
The ruling of the Adjudicator, on this matter, is available on the Oireachtas Library website, via the following link:
opac.oireachtas.ie/Data/Library3/Documents%20Laid/2023/pdf/DODdoclaid290623_142755.pdf.
