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Thursday, 21 Mar 2024

Written Answers Nos. 41-60

Legislative Programme

Questions (41)

Rose Conway-Walsh

Question:

41. Deputy Rose Conway-Walsh asked the Tánaiste and Minister for Defence if he will provide an update on the legislative programme. [3506/24]

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Written answers

The general scheme of the Defence (Amendment) Bill 2023 was approved by Government in December 2023 and published in January of this year. This bill addresses the following issues:

1. To establish on a statutory basis an External Oversight Body of the Defence Forces in line with recommendations in the Report of the Independent Review Group – Defence Forces;

2. To resolve an issue regarding representative associations for members of the Defence Forces and their association with ICTU.

3. To update other miscellaneous provisions of the Defence Acts to address issues that have been identified.

This is the first of two Bills which I intend to bring forward to drive forward the cultural transformation of the Defence Forces. The drafting of the Bill is progressing and I expect to be in a position to bring it to Government in April.

This Bill is an important step in delivering on the Strategic Framework for the Transformation of the Defence Forces. This is particularly the case in providing for the establishment and operation, on a statutory basis, of the External Oversight Body, which was a key recommendation of the Independent Review Group. The External Oversight Body will be a key driver in the implementation of the necessary cultural transformation throughout the Defence Forces, including addressing issues relating to dignity in the work place.

My Department will also advance a second Bill in 2024. This Bill will amend the Defence Acts to give effect to certain recommendations of the Report of the Commission on the Defence Forces, the Report of the Independent Review Group on the Defence Forces and to address other matters including the Triple Lock.

The Deputy might also note that in July 2023, the Government approved the text of the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023. Part 4 of the Bill amends sections 169 and 192 of the Defence Act 1954 in line with a recommendation in the Independent Review Group Report. These amendments will ensure that An Garda Síochána will have sole jurisdiction within the State to investigate alleged sexual offences committed by persons subject to military law. Any subsequent cases will be dealt with by the civil courts. The Bill is progressing through the Dáil and is currently at the Report Stage.

Question No. 42 answered with Question No. 20.

Air Corps

Questions (43)

Matt Carthy

Question:

43. Deputy Matt Carthy asked the Tánaiste and Minister for Defence if he will report on the capacity of the Air Corps to contribute to efforts providing humanitarian aid to the people of Gaza. [13154/24]

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Written answers

Ireland will be using its well-established partnership with the UN Humanitarian Response Depot (UNHRD) to deliver humanitarian aid to Gaza. As this involves supplies that are already pre-positioned in the region, there is no requirement at present for the use of an Irish military aircraft.

A key priority for me as Minister for Defence is to ensure that the capabilities of the Defence Forces are maintained, developed and enhanced in order to ensure that the Defence Forces can carry out all of the roles assigned to it by Government including humanitarian assistance. As the Deputy will be aware we have recently taken delivery of two Airbus C295W Maritime Patrol Aircraft which are are primarily utilised for maritime surveillance, particularly fishery protection but are capable of being configured in a strategic airlift transport role, if required.

Question No. 44 answered with Question No. 23.

Defence Forces

Questions (45)

Gary Gannon

Question:

45. Deputy Gary Gannon asked the Tánaiste and Minister for Defence if he will instruct the Defence Forces to award the veterans of the Siege of Jadotville with medals to recognise their bravery; and if he will make a statement on the matter. [13290/24]

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Written answers

The issue of awarding medals to the men of “A” Company, 35th Infantry Battalion has been addressed on a number of occasions over the years. A review conducted in 2004 by military officers, the purpose of which was a broad examination of the Jadotville case, concluded with a recommendation that the events of Jadotville and the contribution of the 35th Battalion be given recognition. In addition to the above, an Independent Review Group (IRG) was established in 2021. The IRG report, which was published in July 2021, makes a number of recommendations in respect of the award of medals, honouring the role of families and the support they provided to veterans and in respect of veterans affairs. The Deputy may wish to note that, with one exception, the IRG do not recommend the award of any further medals.

In addition to the above the IRG recommended a review of the system of awarding medals to ensure its regulations and administrative instructions provide for a clear, coherent and comprehensive awards system that is overseen by an appropriate, independent, permanent Medals Award body. I can confirm the Chief of Staff has commenced this review with an anticipated completion date by end of Q2 2024.

Question No. 46 answered with Question No. 37.

Defence Forces

Questions (47)

Ruairí Ó Murchú

Question:

47. Deputy Ruairí Ó Murchú asked the Tánaiste and Minister for Defence if he will provide an update on the progress being made to raise the mandatory retirement age in the Defence Forces; and if he will make a statement on the matter. [13226/24]

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Written answers

As the Deputy will be aware, I recently announced that Government had approved an increase in the mandatory retirement age in the Defence Forces to 60 years, and the maximum recruitment age for all personnel to 39 years. These changes will come into effect on 29 March 2024.

The recruitment and retention challenges experienced by the Defence Forces are well documented and Government approved these increases in an effort to remove any potential obstacles to recruiting and retaining personnel. These measures are considered key enablers in stabilising numbers in the Permanent Defence Force, which remains a challenge in the current buoyant economy, notwithstanding the range of other recruitment and retention initiatives currently being implemented, and progress in relation to pay.

Furthermore, a new fast accrual pensions’ policy framework has been approved and the Department of Public Expenditure, NDP Delivery and Reform is preparing the necessary legislation which, when enacted, will allow for a further increase in the mandatory retirement age for all Permanent Defence Force ranks to 62.

Defence Forces

Questions (48)

Matt Carthy

Question:

48. Deputy Matt Carthy asked the Tánaiste and Minister for Defence if he will report on the implementation of the Working Time Directive in the Defence Forces; and the timeframe in which he intends it be operationalised within the Defence Forces. [13156/24]

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Written answers

I wish to assure the Deputy of my commitment to the removal of the blanket exemption which currently applies to the Defence Forces in the Organisation of Working Time Act .

Following extensive consultations involving the PDF Representative Associations and civilian-military management, I am pleased to say that an agreed policy position was submitted to me on 20 December last. This was in line with Action 28 of the Strategic Framework, published by me last September which stipulated that a management position with regard to the Working Time Directive was to be finalised by the end of 2023.

This achievement was in no small part owing to the constructive and committed engagement by all parties and I wish to express my gratitude to my officials, military management and the Representative Associations for their tireless efforts to bring us to this point.

The military authorities have advised that a high percentage of the normal everyday work of the Defence Forces is already in compliance with the Working Time Directive, however the final management position, which I approved on 2 February last, also provides for the exemption of certain military activities, due to their specific nature.

I should add that the final management position, was duly informed by recent European Case Law on these matters.

I also met earlier this month with the Representative Associations to acknowledge their constructive engagement in the process and to outline the final management position.

The next step in the process is to progress the necessary legislative amendments. In this regard, my officials will shortly commence formal engagements with the the Department of Enterprise, Trade and Employment (DETE) who have responsibility for bringing forward the appropriate legislative framework for removing the blanket exemption from the Organisation of Working Time Act. To this end, I will be writing to my colleague and Minister for Enterprise, Trade and Employment, Mr. Simon Coveney, TD.

I wish to underline the importance of this significant piece of work for each member of the Defence Forces. The implementation of the Working Time Directive across the Defence Forces is rightly seen as an important retention measure and will ensure that health and safety protections as prescribed in the Directive, are afforded to serving personnel.

Finally, I am also pleased to say that a pilot Time and Attendance system across a number of areas within the Defence Forces has recently concluded and a lessons learned analysis is underway by the military authorities. Separately, work has commenced on the procurement of a long-term electronic solution. As the Deputy will agree, a robust time and attendance system to record the daily working hours of every member of the Defence Forces will be a critical enabler in taking forward the implementation of the Directive.

Naval Service

Questions (49)

Alan Farrell

Question:

49. Deputy Alan Farrell asked the Tánaiste and Minister for Defence the operational status of the Naval Service fleet, that is, its deployment readiness, staffing levels, the fitting out of recently acquired vessels from New Zealand; the details of the process for acquiring a multi-role vessel; the status of current recruitment plans; and if he will make a statement on the matter. [13060/24]

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Written answers

I thank Deputy Farrell for raising these matters, across three main areas of Operations, Procurement and Recruitment/Retention.

Our Naval Service is tasked with a variety of defence and other roles, including a fishery protection service and a number of other tasks including drug interdiction, search and rescue, and maritime defence and security operations.

The Naval Service is currently operating a three ship model, with two ships operational and another ship on standby. The decision to reduce the number of operational ships was made as a result of the previously acknowledged difficulties in the Naval Service, in particular for specialist positions. This strategic decision was taken in order to streamline operations, bolster existing capabilities, and ensure optimal resource allocation in the Naval Service.

Two Inshore Patrol Vessels bought from the New Zealand Navy are currently undergoing a comprehensive programme of works, including crew familiarisation and training prior to the vessels becoming operational this year.

In terms of the process for acquiring a multi-role vessel, work is underway that will inform a public tender competition. A Prior Information Notice was published in the Official Journal of the European Union in January advising the market of my Department's intention to run a tender competition to procure a multi role vessel.

With regard to staffing, as of 31 January, the strength of the Naval Service was 732 personnel. The Government has previously acknowledged the current staffing difficulties in the Defence Forces and, in particular, in the Naval Service. In this context there are a number of recruitment initiatives currently underway. In terms of Naval Service recruitment,

• phase 3 of a Naval Service specific recruitment campaign, launched in the last week of January,

• specific advertising for specialist recruitment is placed in industry specific publications and websites by the Defence Forces, and

• specialist external expertise was recently engaged to validate and advise on recruitment processes, with a particular focus on the Naval Service, and

At the Defence Forces level, in addition to ongoing General Service recruitment, recruitment of Cadets and Direct Entry specialists will continue throughout this year.

I am satisfied that notwithstanding current challenges being experienced, the Naval Service continues to carry out the roles assigned by Government, including fishery protection and maritime security operations.

Question No. 50 answered with Question No. 31.

Military Neutrality

Questions (51)

Matt Carthy

Question:

51. Deputy Matt Carthy asked the Tánaiste and Minister for Defence the timeframe in which he intends to bring forward proposals to remove the triple-lock neutrality protection; and if he will put these proposals before the people a referendum. [13155/24]

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Written answers

The so-called Triple Lock mechanism sets out the conditions for the deployment of Defence Forces' personnel for peacekeeping operations overseas. These include that the operation must be mandated by the UN, (either by the Security Council or General Assembly), approved by the Government and it must be approved by way of resolution of Dáil Éireann, where the size of the Defence Force contribution is more than 12 personnel.

Last year’s Consultative Forum on International Security Policy featured a well-informed discussion on the issue of UN peacekeeping and the Triple Lock, which was reflected in the Chair’s report. As I have set out in the Dáil, we clearly need a new process to replace the current system which effectively allows UN Security Council members to bind Ireland’s hands in its international engagement.

Arising from this, I have instructed officials in my Department to prepare legislative proposals without delay that would govern future overseas deployments of our Defence Forces. Work on the preparation of those legislative proposals is advancing, with a view to proposals being brought to Government shortly.

It is important that I emphasise, however, that any legislative proposals will remain fully consistent with the principles of the UN Charter and international law.

W hile the modalities of the Triple Lock is set out in defence legislation, it is not set out nor referenced in our Constitution and therefore a referendum would not be required.

However, as the Deputy will be aware, the General Scheme of any Bill will be brought for pre-legislative scrutiny consideration by the Oireachtas Committee on Foreign Affairs and Defence to determine if pre-legislative scrutiny is required. Any proposals agreed by Government will then have to be presented to, debated and approved by the Dáil and Seanad, thus providing the Oireachtas with ample opportunity to scrutinise any such proposals.

Any modification to the Triple Lock will continue to require Government and Dáil approval, where appropriate, for the dispatch of Defence Forces’ personnel to take part in peacekeeping and similar missions and will do nothing to change Ireland’s traditional position of military neutrality, which is characterised by Ireland's non-participation in any military alliance.

Question No. 52 answered with Question No. 34.

Defence Forces

Questions (53)

Patrick Costello

Question:

53. Deputy Patrick Costello asked the Tánaiste and Minister for Defence if Ireland plans to recommit personnel to the United Nations Mission for the Referendum in Western Sahara (MINURSO) mission. [13141/24]

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Written answers

Following a review of overseas deployments, a decision was taken in July 2021 to withdraw the two Defence Forces' personnel deployed to MINURSO, thereby ending Ireland’s involvement in this mission. The withdrawal of these personnel arose from a need to consolidate operational deployments, in the context of the commitments to peacekeeping entered into by Ireland at that time.

The Department of Defence and the Defence Forces constantly review the deployment of Irish personnel overseas. Any decision with regard to future deployments of Defence Forces personnel, including any possible return to MINURSO, would have to be considered by reference to a number of other considerations, including the resourcing of the mission, the level of existing commitments to other peacekeeping operations, and the security requirements at home.

I can assure the Deputy however that Ireland remains a strong supporter of the United Nations engagement in the Western Sahara, including the role played by the MINURSO mission.

National Security

Questions (54)

Alan Dillon

Question:

54. Deputy Alan Dillon asked the Tánaiste and Minister for Defence to provide an outline of Ireland's defence strategy concerning the protection of its undersea cables, airspace, and territorial waters and is it considered acceptable for these areas to remain undefended or be monitored by external entities; and if he will make a statement on the matter. [13019/24]

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Written answers

As I informed the House on 22 November during a debate on the consultative forum on international security, it is the Government's intention to develop a maritime security strategy, with the necessary resourcing, accompanying legislation and decision-making systems in place. This strategy will have a particular focus on subsea infrastructure.

Following the attacks on Nordstreams 1 and 2 in October 2022, my colleague, the Minister for the Environment, Climate and Communications, Deputy Eamon Ryan, sought support from my Department for additional measures that could be put in place to ensure that critical offshore infrastructure, including data cables, was protected. As a result of this, enhanced patrolling of the Irish Sea in the vicinity of priority offshore infrastructure is taking place by a mixture of air and naval platforms and the Irish Naval Service Fisheries Monitoring Centre in Haulbowline continues to remotely monitor vessels in the EEZ on a 24/7 basis.

My priority as Minister for Defence is to ensure that the operational capacity of the Army, Air Corps and Naval Service is maintained and developed. This is to enable the Defence Forces to carry out the roles assigned by the Government. A great deal of work is under way to ensure that we have the required capabilities, with equipment projects under way.

National Security

Questions (55)

Éamon Ó Cuív

Question:

55. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Defence whether there have been any discussions at an EU level in relation to introducing extra obligations on member states in relation to defence; whether Ireland has been a part of these discussions; and the stance Ireland has taken in the discussions; and if he will make a statement on the matter. [13034/24]

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Written answers

Ireland takes part in any EU discussions equally on the basis of its membership of the European Union, using the accepted respective Councils and Working Parties that fall from that, and governed by the Treaties underpinning the functioning of the European Union.

With regard to Defence, at its core, this remains a national competence, something borne out by the differing responses and actions taken by EU Member States in the aftermath of Russia’s illegal invasion of Ukraine. Furthermore, participation in the EU's Common Security and Defence Policy (CSDP) does not prejudice the Security and Defence policy or obligations of any Member State.

Given that decision-making power in relation to Defence remain a national competence under the European Treaties, it remains a matter for Ireland to decide our own way forward. Ireland remains a strong supporter of CSDP however, and will remain fully engaged in all CSDP processes and will continue to contribute fully to the development of the Policy in order that we can influence its evolution.

Though broader EU policy in this regard evolves in response to circumstance - most particularly exemplified by the EU's response to Russia's continued aggression towards Ukraine - and as evidenced by the agreement of the Ukraine Assistance Fund under the European Peace Facility, and by the recent European Commission launch of its Communication of a Defence Industrial Strategy, any additional obligations proposed towards Member States must be mindful of the Treaties, and will be subject to negotiation and agreement by all Member States, including Ireland. Where any such proposals are made, they will be examined in full cognizance of Ireland's national policy in this regard.

Defence Forces

Questions (56)

Robert Troy

Question:

56. Deputy Robert Troy asked the Tánaiste and Minister for Defence when a decision will be taken on the location of the new Army HQ; if Athlone will be considered given its central location; and if he will make a statement on the matter. [13266/24]

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Written answers

The Commission on the Defence Forces was established on foot of a commitment in the Programme for Government and the Government decision in December 2020 which also agreed its terms of reference and membership. The report was published on the 9th February 2022.

The Commission undertook a significant body of work, encompassing wide-ranging terms of reference. It recommended significant changes for the Defence Forces and Defence provision in Ireland. It covers high level Defence Forces structures, defence capabilities, organisation, culture and human resources, the Reserve Defence Force and funding.

In July 2022, the Government approved a High-Level Action Plan in response to the Commission report. As part of this, approval was given for a move, over a six-year period, to a level of Defence Forces’ capability equivalent to ‘Level of Ambition 2’ (LOA2), as set out in the capability framework devised by the Commission, which will entail funding increases to reach a defence budget of c. €1.5 billion (at January 2022 prices) by 2028 through the annual Estimates process.

Implementation structures have been put in place encompassing an Implementation Oversight Group, a High-Level Steering Board and an Implementation Management Office (IMO) to support the implementation of the overall transformation programme required to implement recommendations from the report of the Commission on the Defence Forces.

There are a number of recommendations contained in the report which may impact on the structure of the Defence Forces including that the structure of the Army be reviewed, and in that context, the disposition of Units across the Defence Forces may be considered.

The recommendation, that the structure of the Army be reviewed, was identified as an Early Action in the High Level Action Plan. However, no decisions on the future disposition or locations of Defence Forces formations, installations and personnel have been made at this time. In keeping with the recommendations of the Commission on the Defence Forces, military authorities are progressing the establishment of an office of Army Force Design which will undertake the work required to give effect to this recommendation.

An Army Force Design Team has been established with a Colonel Rank in the lead with initial supporting staff appointed and tasked to progress post-phase one planning.

Defence Forces

Questions (57)

Brendan Griffin

Question:

57. Deputy Brendan Griffin asked the Tánaiste and Minister for Defence if all test centre personnel should have received the pandemic recognition payment; and if he will make a statement on the matter. [13278/24]

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Written answers

In January 2022, the Government announced a COVID-19 Pandemic Recognition Payment (PRP) for front-line public sector healthcare workers, to recognise their unique role during the pandemic. At Government level, the Department of Health has primary policy responsibility for this initiative, with the consent of the Department of Public Expenditure and Reform, as it was then.

The payment is not subject to income tax, USC, or PRSI. The Government announcement also made provision for a pro-rata application of the payment. The payment amounts to €1,000 for those eligible staff who worked at least 60% Whole Time Equivalent (WTE), for at least 4 weeks during the period between 1 March 2020 and 30 June 2021, and €600 for below 60% WTE. Those who worked less than 4 weeks are not in scope of the measure.

The measure is ring-fenced to eligible staff that were ordinarily onsite in COVID-19 exposed healthcare environments during the pandemic. In terms of Defence Forces personnel, this means members of the Defence Forces redeployed to work in front-line Covid-19 exposed environments in the HSE.

Work to identify all COVID-related duties undertaken by members of the Defence Forces has been completed by Military Management in order to identify personnel who may be eligible for this recognition payment.

The validation and subsequent payment of the PRP, to those members of the Defence Forces, deemed eligible and therefore in line for payment of the PRP, have been processed by the Department of Defence, based on information supplied by Military Management, a process which was ongoing from October 2022 to the end of 2023.

At this point in time I am assured that all members of the Defence Forces, deemed in scope for payment of this PRP, have received their payments and I have been advised that there are no outstanding cases.

Military Aircraft

Questions (58)

Cathal Berry

Question:

58. Deputy Cathal Berry asked the Tánaiste and Minister for Defence the approximate expected delivery date of the new Airbus C295 military transport aircraft; and if he will make a statement on the matter. [13279/24]

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Written answers

Strategic airlift capability has been prioritised as a capability for investment following Government approval of the Commission on Defence Report as part of the move to (Level Of Ambition) LOA 2 capability.

A contract was recently awarded to Airbus at a cost of €59million, excluding VAT, for the provision of a new Fixed Wing Military Transport Aircraft for the Defence Forces. The aircraft is currently being manufactured and delivery is expected in mid-2025.

The Airbus C295W aircraft is highly versatile and will provide a dedicated asset to support the Defence Forces military airlift transport requirements and provide a wide contingent capability. The aircraft will enable the Air Corps to provide a wide range of services including logistics support and transport of troops and equipment, medical evacuation and air ambulance, Special Operations Forces operations and a general utility role.

Middle East

Questions (59)

Ruairí Ó Murchú

Question:

59. Deputy Ruairí Ó Murchú asked the Tánaiste and Minister for Defence if he will provide an update on the current situation in South Lebanon; the current activities of the Defence Forces on the UNIFIL mission; and if he will make a statement on the matter. [13227/24]

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Written answers

At the outset, I wish to assure the Deputy that the safety and security of Ireland’s Defence Forces’ personnel is of paramount concern to Government, that I, as Tánaiste and Minister of Defence, remain in ongoing contact with the Chief of Staff, and that the Department of Defence is kept apprised of all developments in those areas in which Defence Forces’ personnel are deployed.

Furthermore, all reasonable measures are being taken to ensure the safety and security of all Defence Forces' personnel. All Defence Forces’ personnel in Lebanon are maintaining a high level of vigilance and continue to monitor the developing situation in their mission areas.

As of 06 March 2024, Ireland is contributing 345 Defence Forces personnel to the United Nations Interim Force in Lebanon (UNIFIL). I am advised that the situation in Southern Lebanon is dynamic and unpredictable with kinetic activity continuing to emanate from both North and South of the Blue Line. However, the Irish troops of the 123rd Infantry Battalion UNIFIL continue to monitor the situation and conduct planned framework operations as mandated, while also complying with UN security precautions, including taking shelter in protected positions (GROUNDHOG), as and when appropriate.

Finally, I wish to assure the Deputy that Defence Forces’ peacekeepers are well trained prior to deployment and prepared to anticipate events such as occasions of sporadic fire in their Area of Operations. This training includes complying fully with all UN security precautions, including taking shelter in protected positions as appropriate, as they have had to do on several occasions since the outbreak of hostilities. Furthermore, contingency planning and risk assessments are part and parcel of the planning in operational deployments and are also carried out on a continual basis. We will continue to monitor the situation closely along with our partners in the UN and the wider international community.

Defence Forces

Questions (60)

James Lawless

Question:

60. Deputy James Lawless asked the Tánaiste and Minister for Defence for a report on the defence infrastructure improvements that have taken place in Kildare since 2020; and if he will make a statement on the matter. [13024/24]

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Written answers

The Defence Forces Infrastructure Development Plan (IDP) sets out a programme of project delivery for the years 2023 to 2027. The Programme reflects the complex environment in which the Defence Forces operate and the corresponding need for appropriate infrastructure to provide for accommodation and training of personnel, maintenance and storage of equipment for land, sea and airborne operational requirements. The following capital works in the DFTC, (Curragh Camp, Kildare) are completed or nearing completion :

• Cadet School

• Engineers Logistics Office

• Engineer Stores

• new Electric Target Range

• Upgrade of Accommodation at Plunkett Barracks

The Deputy may also wish to know that the following additional capital works for the DFTC are included in the IDP and are at various stages of the design and procurement process :

• CIS Corps Workshop and Stores

• New Army Ranger Wing HQ Block

• Refurbishment of 1 Accommodation Block Ceannt Barracks

• New Garaging Facility

• Military College Auditorium Suite

• Military Medical Facility and Medical School Upgrade

• New Bonded Warehouse Building

• New Student Accommodation Facility

• West Side Locker Facility

My Department also allocates funding each year to the Defence Forces for the maintenance, repair and upkeep of its building stock. This devolved budget is a regular feature of the Delegated functions assigned to the Defence Forces by my Department. The individual prioritisation of specific projects to be carried out is solely a matter for the Defence Forces in keeping with the delegated nature of this budget.

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