asked the Taoiseach if he has issued any direction in accordance with the recommendation contained in the Devlin Report, that the Minister for Defence should convene the Council of Defence on a regular basis.
Ceisteanna — Questions. Oral Answers. - Council of Defence.
1.
The answer is "No".
I would point out that section 11 of the Defence Act, 1954, which is the statutory basis for the Council of Defence, provides that the council shall meet whenever summoned by the Minister for Defence.
The recommendation in the Devlin Report regarding the council is being considered by the Minister as part of the general examination of the report.
What is the composition of the Council of Defence?
The Parliamentary Secretary to the Minister for Defence, the secretary of the Department of Defence; the chief of staff, the adjutant general and the quartermaster general; the secretary of the Department of Defence is also the secretary to the Council of Defence.
Briefly, could the Minister say what their functions are?
Meetings have been held relatively infrequently. To date, they have been mainly concerned with purely administrative matters. The question that arises, of course, in connection with the examination of the Devlin Report is the fact that the Minister already had the power to summon these officers without necessarily calling them the Council of Defence.
A proposed Army incursion into another country would not concern them.
No. Up to now the council have been engaged on purely administrative matters.
The Minister for Defence is not a member?
No. He calls the council.
What is the specific purpose of the council?
It is based on the Act of 1954. The council is to aid and counsel the Minister on all matters in relation to the business of the Department of Defence on which the Minister may consult them. The fact is that Ministers for Defence in past years, under whatever legislation existed, could call these individuals to consult them on any matter without having to describe them as the Council of Defence. This is a sort of administrative process. I could, for instance, summon the assistant secretaries of my Department and the secretary. In the Devlin Report that is now called "the Aireacht"— a sort of overall council of the Department. It is a question of making the system effective.
I know the style of the council has not changed for years. In view of the fact that the council are supposed to advise the Minister would it not be better that he should actually be present?
That is not in the Act.
Would the Minister not agree that the creation of the council was designed to ensure against the kind of thing that happened in the early part of this year and, in view of what happened, would he not agree that in future, as the Devlin Report recommended, the council should meet regularly?
That is a matter for examination. There is nothing to prevent the Minister calling these officers together to discuss anything he wants discussed, but the tradition up to now has been that the council, at their infrequent meetings, have dealt with such things as amendments to Defence Force regulations, engineering works, contracts for various stores, the relinquishing of commissions and Defence Force pension proposals. The fact is the Minister could, at any time he wished, discuss these, or other matters, with the members of what is the Council of Defence.
I recognise there is nothing to prevent the Minister summoning them, but is there anything to make the Minister summon them?
The Minister has the right, but there is no provision whereby he has to summon them.
That is the trouble.
May I ask the Minister the last occasion on which the Council of Defence was called?
It was called twice during the period 1960-1970 and it met on one occasion during the past two years.
Question No. 2 postponed.