I desire to ask the leave of the Dáil for the introduction of the Defence Forces (Temporary Provisions) Bill, 1923. There are some words that could be said about the matter at this particular stage, without going into any discussion. I find myself at a time when it is possible for me to introduce this Bill, and at a time also when I am forced to realise that there will not be sufficient time before the dissolution of the present Dáil to give sufficient consideration to a Bill of such length as this Defence Force (Temporary Provisions) Bill is, and a Bill of such importance. I am between that situation on the one side, and the situation on the other that it is absolutely necessary for us to have legalised at once the position of the Army. We have an Army at the present moment that only the necessity of the situation justifies or legalises us in having, and we are disciplining it under a code of regulations that only the necessity of the present situation warrants us in putting into force. Actual justification for the maintenance of the Army, as it existed up to the present, and as it exists now, has been the necessity. The most legal sanction for its maintenance and its action has been the state of war which is now coming to a close. With the approach of normal conditions, the accomplishment of the entire submission of the Army to the civil power has to be regulated in a proper manner, and all powers to establish, maintain, organise, discipline and control the Defence Forces must be sought from the Oireachtas in the ordinary way. I have, therefore, considered the matter to see how we had best meet the situation and I have framed the Bill to be a Temporary Bill, the intention being that the Oireachtas would be asked to pass the Bill as it stands, as a temporary measure, to run for, say, a period of twelve months, when actually the Bill or a Bill on these lines could be introduced either immediately that the new Dáil comes together, or preferably in my opinion, it might be left until the beginning of next year, when the present Bill, if it were passed by the Oireachtas, would have been in operation for a short time. You would have plenty of opportunity to see the likely effect of the Bill in different directions, and we could approach the discussion of the Army Bill in the beginning of next year with sufficient time at our disposal to give it the thorough discussion it is due it would get. From the point of view of the necessity of covering the existence of the Army at the present time and of disciplining the Army in a proper way, we are faced with the fact that if there were rather a condition of things in the country in a week or two, which cannot be held to be a state of war, we have practically no means of controlling the Army.
There are five articles in the Constitution which deal expressly with the matter. Article 45 provides that the Oireachtas has the exclusive right to regulate the raising and maintaining of armed forces, and that every such force shall be subject to its control. Article 6 provides that no person shall be deprived of his liberty save in accordance with law. Article 7 provides that no person shall be tried save in due course of law, and that extraordinary Courts shall not be established, save only such military tribunals as may be authorised by law for dealing with military offenders against military law. Article 71 provides that a member of the defence forces not on active service shall not be tried by any courtmartial for an offence cognisable by the Civil Courts unless such offence shall have been brought within the jurisdiction of courtsmartial by any Code of Laws or Regulations for the enforcement of discipline which may hereafter be approved of by the Oireachtas. Article 72 provides that no person shall be tried on any criminal charge without a jury save inter alia in the case of charges against military law triable by courtmartial. The consequences of these articles of the Constitution mean that if we have not an Army Act on the lines outlined in the Bill now put before the Dáil, and if the state of war passes, officers would have no authority over their men; the men need not obey their orders unless they choose to; soldiers could desert at will without fear of consequences, and mutiny—the gravest of all military offences—would be something like a mere trade dispute or insubordination. Desertion would merely be a breach of contract. So the necessity for putting ourselves in a legal position from the point of view, particularly, of disciplining the Army will be apparent. The Bill in its present form will introduce transitory provisions which will legalise the position of the present national forces as defence forces within the meaning of the Bill, and it will give power to the Minister for Defence to make orders, rules and regulations to implement the Bill to the extent that is necessary at the present time.
The question will naturally arise in connection with a Bill, so long and detailed as this Bill is, that it would be more satisfactory, perhaps, to pass a short Bill giving general powers to the Ministry in the matter. But when you come to consider that the general powers so given must of necessity be very wide, that they are likely to be the powers that are set out in the Bill, it is much more satisfactory, I think, for all concerned that we should set out the powers that we desire to have in a temporary Bill, so that in the meantime and before the permanent Bill is introduced there will be set out plainly in one particular document the powers that we would likely be asking or that a subsequent Government would likely be asking for controlling the establishment and the discipline of the Army. I ask for permission to introduce a Bill that will deal with the matter of organising and disciplining the Army, dealing with certain matters that determine and define the relationship between the army and the civil powers and the civilian population. I ask for permission to do it at a time when we know that the fullest and deserved consideration cannot be given to the Bill, but to deal with it as a temporary measure. I would be in a position, I think, to have the Bill circulated to-night, and I would like to ask if possible to have a Second Reading, say, on Thursday.