Amendments Nos. 1 to 15, inclusive, may be discussed together by agreement.
Defence (Amendment) Bill 2020: Report and Final Stages
I move amendment No. 1:
In page 3, line 5, to delete “and” and substitute “, the Defence (Amendment) (No. 2) Act 1960,”.
I will explain in my opening statement why the amendments are all tied together. At the Committee Stage debate on this Bill, I indicated that I would bring forward a series of amendments on Report Stage to allow for members of the Reserve Defence Force, on a voluntary basis, to provide additional support to the Permanent Defence Force at home and overseas. I am pleased to follow through on that commitment today. The purpose of these amendments to the Defence Act 1954 is to set out the mechanism under which a member of the Reserve Defence Force may, on a voluntary basis, be deployed on military service, referred to in these amendments as supplemental military service. Any such deployment will be where there is a particular deficiency in skills and expertise in the Permanent Defence Force, which would be addressed by the deployment of a member of the Reserve Defence Force on supplemental military service.
The amendments have been carefully drafted to underpin the voluntary nature of the supplementary military service. In this regard, any deployment on supplemental military service may only take place where the member concerned has consented, in accordance with these amendments, to any such deployment. The consent given by the member will indicate the nature and duration of military service that he or she is prepared to render, if requested. In addition, deployment of the members of the Reserve Defence Force on supplemental military service will be subject to approval of the Minister. As previously indicated, deployment will be for the purpose of filling a specific skills gap or where it is in the best interests of the Defence Forces.
I am particularly pleased that the amendments remove the absolute prohibition currently contained within the Defence Acts on members of the Reserve Defence Forces serving overseas. As a consequence of these amendments, it will be possible for a contingent dispatched for overseas service to comprise membership from both the Permanent Defence Force and the Reserve Defence Force. I am confident that these amendments will significantly widen the opportunities for members of the Reserve Defence Force to provide support to the Permanent Defence Force.
As one might expect, following on from the legislative change to introduce the concept of voluntary military service for members of the Reserve Defence Force, there is a requirement to make a number of technical or consequential amendments to the Defence Acts 1954 to 2015. These amendments include provisions to clarify that military law shall apply to a member of the Reserve Defence Force for the period for which he or she is deployed on supplemental military service, and to make consequential changes to certain sections of the Defence Act, specifically section 174 and section 182, to clarify matters arising from the application of military law. In addition, the amendments provide that a member of the Reserve Defence Force who is serving overseas with an international United Nations force shall, in common with a member of the Permanent Defence Force serving overseas, be deemed to be on active service for the purpose of the Defence Act. Furthermore, the amendments authorise the deployment of reservists on supplemental military service for service with, or be attached to, any staff, unit or other element to the Defence Forces. Similar provisions already apply under section 95 of the Defence Act 1954, where a reservist is deployed on permanent service or in duties in aid of the civil power.
The amendments also clarify that a member of the Reserve Defence Force may not, while deployed on voluntary military service, participate in certain political activities. Again, under the Defence Act 1954, similar restrictions already apply where a member of the Reserve Defence Force is called out on permanent service. These technical or consequential amendments are necessary in the interests of the effective operation of the Defence Forces when the Bill - incorporating these amendments, which I hope will be the case - is enacted.
The programme for Government, within the framework of the proposed Commission on the Defence Forces, includes a commitment to carry out a review of the role of the Reserve Defence Force, including the question of deploying members of the force with special skill sets on overseas missions. These amendments do not in any way preclude the Commission from examining comprehensively the role of the Reserve Defence Force, nor do they prejudice any possible recommendations from the Commission. I am simply taking the opportunity in this legislation to facilitate any such recommendations by the Commission on a wider role for the Reserve Defence Force by removing the current legislative restrictions that are in place.
In summary, the purpose of these amendments is to provide the legal basis by way of enabling provisions to allow members of the Reserve Defence Force to serve in support of the Permanent Defence Force, at home and overseas, on a voluntary basis. On that basis, I am bringing them before the House today.
In simple terms, we had good and quite long debates about this at previous Stages of this legislation. I gave a commitment to Deputy Berry in particular but also to others that I would remove the legal restriction in the Defence Acts on reservists serving overseas. We are, therefore, doing that now, having taken quite a good deal of legal advice to ensure we do it properly.
This will give the Government and the Commission on the Defence Forces, which is looking at the Reserve as well as many other issues, the ability to make recommendations and implement those recommendations as quickly as possible, rather than having to come back and introduce new legislation next year, which would take months or more. Instead, we are removing a restriction I wanted to remove anyway because I would like to see the Reserve involved in more activity with the Permanent Defence Force, both at home and overseas. I believe the Reserve can make a very significant contribution and these amendments allow us to move forward in that regard.
The final point I want to make is on an issue that was raised with me by Deputy Berry. I hope he is in the House. Where members of the Reserve volunteer to serve overseas in the future, we would certainly look at employment protections for them. If, for example, a reservist has a full-time job somewhere else, there should be an understanding with his or her employer that he or she could serve their country as a reservist, at home or overseas. We will look seriously at how we can ensure we protect people in the context of their employment should they take up that role. However, we cannot do that in this legislation. It can only really be done by another Minister, potentially in the context of employment law. It is something I am happy to consider in more detail over time. We certainly will have plenty of time to do it because we must wait for the Commission on the Defence Forces to report, which it is due to do before the end of the year. I am happy to work with Deputy Berry on that issue.
In the meantime, the 15 amendments I am bringing forward today are sound. They all deal with the same issue and make the necessary changes to legislation, as I committed to do on Committee Stage.
I thank the Minister. All of the amendments arise out of committee business and I assume there is widespread support for them. As such, I hope it will not be necessary to repeat all the discussion that happened in committee.
I thank the Minister, Deputy Coveney, and his staff for the work they have done on this very important business. The changes set out in these amendments are necessary, as he stated, and for the betterment of the Defence Forces. It is right and proper at this time for Members of the House to recognise the great work done by our full-time Defence Forces and Reserve personnel and the service they have given over the years, both here and overseas. In particular, I know the Minister will be grateful and thankful for the excellent reputation our Defence Forces have had overseas going back decades and the respectability that they and the Irish flag carry when they go abroad on peacekeeping missions, where they serve for the good of people in places where there is disruption, strife and endangerment to life. Their reputation precedes them when they go abroad. I want to put that on the record.
There is one issue about which I have a concern, as I am sure the Minister and everyone else have. The rates of pay and remuneration for Defence Forces personnel have been a matter of contention at certain times and this is an issue that must be addressed. We need to make the forces attractive for young people who wish to make a career in them, because it is a highly respectable career. I have had the privilege over the years to know people who have served both full-time and in the Reserve. In the village I come from, we have had highly respectable people serving in the Reserve all of their life. It is right and proper to thank those people in a very ordinary and humble way for the service they have given to this country and to other people who needed their help and assistance. They put themselves in harm's way in doing so. For that, the least we should do is say, "Thank you very much".
I will be very brief. I am not a member of the defence committee and nor am I suggesting I should be. As a member of three other committees, my burden is enough. My point is that I did not have the chance to debate the Bill in committee. I am interested, therefore, in the expert views not only of the Minister but of Deputies who were involved in that debate.
It struck me immediately when I read the amendments and the intention of the Minister that the issue of employment needs to be addressed. While I understand this is a matter for another Department and Minister, we really cannot divorce the two issues. I am interested to hear how this matter will be advanced. I know the Minister has a very deep and personal interest in supporting our Defence Forces. While we all have rightly praised the work of personnel over the years, we probably have not given them the underpinning in resources, including remuneration for the job they do, that is merited. I hope that issue will be resolved.
In regard to building a proper Reserve, particularly on the issue of the bespoke skill sets that are now needed, either on domestic duty here or, in particular, on foreign missions, is it envisaged that there would be a recruitment drive with a skills focus? How will the Minister allow people who may have demanding day jobs to take the time off to train and be acknowledged in the way all of us in this House would like?
I have two questions for the Minister on this group of amendments. First, how far is he in discussions with the Tánaiste on having a facility in place for automatic leave of absence to train for people who are interested in giving voluntary time as a reservist in our Defence Forces? Second, in regard to deployment overseas, what sort of support to employers would be given by the State, or is too early to set out exactly what is envisaged? In enacting this legislation, we are providing for something that really cannot be achieved until those other steps are taken.
I welcome these amendments, which Sinn Féin will support. We debated the issues extensively in committee and I commend the Minister on following through on what he said he would do by bringing forward the amendments. We know there are many challenges and difficulties within the Defence Forces. The Permanent Defence Force is well below the established figure of 9,500, with membership currently in the region of 8,500. Unfortunately, the Reserve Defence Force is considerably worse in terms of numbers. The established figure is 4,169 but there is a 60% shortfall. There is a huge gap that needs to be filled and I hope this important legislation will go some of the way to addressing it.
There must be opportunities for meaningful operational service for reservists both domestically and overseas. While the Bill will remove some of the impediments to allowing members of the Reserve to engage in that activity, there also needs to be meaningful employment protection. It is interesting that the Minister has said those conversations have not started. This is a critical piece of the puzzle and that engagement needs to begin immediately. He also referred to the Commission on the Defence Forces, which is doing its work within a specific timeframe. We hope it will come back with a completed report by the end of the year. We have a narrow window to put in place the critical protections that are needed for members of the Reserve Defence Force. It is to be hoped that this Bill will act as a catalyst to encourage more members of the community to join the Reserve and will help to retain them. We need that employment protection to be put in place and the Minister must begin the discussions straight away to allow it to happen.
The issue of remuneration must also be examined. We know there are major challenges in the Permanent Defence Force in the context of pay. We know too there are also huge issues with regard to the working time directive. These must be addressed within the Permanent Defence Force and also, I imagine, within the Reserve Defence Force when members embark on domestic and overseas duties as a result of the proposed changes. Ireland must be brought in line with EU regulations where the working time directive is concerned. That is something the Minister must address and move forward. Members of the Reserve Defence Force must be paid. The concept of unpaid activities must be abolished and we must move the Reserve Defence Force into this century. That can only be done by addressing that issue along with many others. An hour for hour pro rata system should be introduced and all allowances available to the Permanent Defence Force should be available to members of the Reserve Defence Force for undertaking certain categories of activity as well.
While this is an important step forward in addressing some of the many challenges within the Defence Forces, particularly the Reserve Defence Force, I am under no illusions. There is much more work that must be done. It is incumbent now on the Minister to use this as a catalyst to progress matters and start addressing some of the many challenges facing our Defence Forces. I said yesterday that morale within the Defence Forces is at an all-time low. The Minister challenged me on that but I hope he has gotten to see the contribution RACO made at the Joint Committee on Foreign Affairs and Defence yesterday afternoon. I will not repeat what its representatives said word for word but their contribution was very damning about where our Defence Forces stand at this point. The Minister must move now. He has, I hope, the support of the House on these amendments but he must move to ensure our Defence Forces are fit for purpose going forward and that the right protections are in place for all their members.
I have three brief points to add to the contributions I have made over the past couple of weeks. First, I very much welcome this legislation. This is a historic day for the Reserve Defence Force. Its members have been screaming for this Bill for literally decades and it is finally here. It really is a defining moment for the Reserve Defence Force. It is 60% below strength but I see that as the low watermark for the Reserve and it can only get better from here. I would of course like to see employment protection legislation included, but we should certainly lock in our gains tonight and look towards drafting suitable employment protection legislation in future, particularly after the Commission on the Defence Forces reports later this year, most likely in December. We can take it from there.
My second point is that this proves the problems in the Defence Forces are not insurmountable in any shape or form. In fact, even long-standing issues like this can be completely fixed and this is a classic example of that.
My third and final point relates to the Minister. I got some excellent advice on the day before I took up my seat in Dáil Éireann from a gentleman in Portarlington called Matt Moore. He said if the Minister wants it to be done, it will be done. This legislation is a classic example of that. The Minister took a personal interest in this project and within a short timeframe, we have had a very swift and very positive outcome. The Minister should be commended for that. However, I now ask that the Minister switch his focus from this Reserve Defence Force legislation onto the other issues raised by PDFORRA and RACO in the last few weeks at the joint committee. Again, those issues are eminently solvable. I very much look forward to engaging constructively with the Minister in that regard. In summary, I welcome this historic Bill and look forward to supporting it later this evening.
As has been said by others, this is very important legislation. It is something that was badly needed and which people have been waiting on for years.
I wish to respond to some of the points made by the Minister earlier and yesterday about morale and where we are now with the Defence Forces. Last week, I spoke to a member of the Defence Forces who was just back from the Lebanon. He is a man with a young family and he has been asked to go back out. He was away seven months, between his deployment and the Covid-19 restrictions. The Defence Forces are so badly stuck for trained personnel - and it ties into what is in the legislation about having the training and right personnel there - that they are looking for members who have just been out in Lebanon and Syria for seven months to go back out there because the personnel shortage is so bad. These are the facts. These men and women are happy to do their job and are happy to represent Ireland as peacekeepers and to go out to these areas. However, it is very unfair to expect a man to be away from his family for so long because we are short personnel. The reason for that, as we have known for years, is the terms, conditions and pay. I know another member of the Defence Forces who is currently in the Lebanon. For the last number of years, that person has had to work delivering pizzas so he and his partner could afford to get a mortgage. Those are the facts. A member of the Defence Forces could not get a mortgage until he got another job delivering pizzas at night and at the weekends, all because he and his partner wanted to buy a house. That is where we are and that shows what the level of pay is. It cannot be right that two people in good jobs, one of those being in the Defence Forces, could not get enough money for a mortgage.
This legislation is important but we must go further because the people I am talking to want to stay in the Defence Forces. They are proud to be in the Defence Forces but they do not feel they are appreciated or valued. The Minister made a point yesterday about the private sector coaxing people out of the Defence Forces. In my experience, from the people I speak to, the vast majority of them take the decision to leave the Defence Forces because they are looking for jobs that pay better money so they can get mortgages and look after their families. It is all because they do not get paid enough. Maybe some of them are being headhunted because they have very sought-after skills but the vast majority of people I speak to have to do it for their families, so they can have a good quality of life. That is something we must now work on. Today is a good first step but we have a long way to go because I remember being out protesting with families of Defence Forces members who were crying out for support.
I thank all Members for their contributions. The one common theme is that everyone contributing to this debate values our Defence Forces, their skill set, the quality of the training they have and the role they play both at home and abroad. I put on record the extraordinary contribution and service of the Defence Forces through the 16 months or so of the pandemic. They have been invaluable, be that with mandatory hotel quarantine, providing transportation, taking test samples to Germany, setting up vaccination centres or indeed helping to run such centres. I got my second vaccine this morning in Cork City Hall and the first person I met when I entered the building was a member of the Defence Forces. They are remarkably professional and really good at what they do. There are a number of matters that I, as Minister, must work on with respect to some of the challenges that have been raised by Deputies.
As Deputy Berry said, let us lock in today's achievement, which is to make a very strong statement in law about the ambition that we have for the Reserve and its future.
Some have questioned whether there is a commitment to a Reserve at all. I hope this legislation is a reminder to people that not only do we want to maintain and protect the Reserve but that we want to grow the numbers in the Reserve significantly until it reaches a strength of more than 4,000. It is where we would like to be, despite the fact we are at just under 2,000 currently. This is sending a very clear signal that we would like to see the Reserve involved with more activity overseas as well as at home. We are removing the legal restriction that has been in place for decades that has prevented this.
There will be a series of recommendations relating to the Reserve, its future and its role with the Permanent Defence Force coming from the Commission on the Defence Forces in a few months. We have time to deal with some of the employment matters raised by Deputy Howlin and others. I will have a conversation with the Tánaiste on how best to address that matter.
Amendment agreed to.
I move amendment No. 2:
In page 3, line 6, after "1979" to insert the following "and the Defence (Amendment) Act 2006".
Amendment agreed to.
I move amendment No. 3:
In page 3, between lines 9 and 10, to insert the following:
" "Act of 1960" means the Defence (Amendment) (No. 2) Act 1960;".
Amendment agreed to.
I move amendment No. 4:
In page 3, between lines 10 and 11, to insert the following:
" "Act of 2006" means the Defence (Amendment) Act 2006;".
Amendment agreed to.
I move amendment No. 5:
In page 5, between lines 11 and 12, to insert the following:
"Voluntary military service of officer of Reserve Defence Force
4. The Principal Act is amended by the insertion of the following section after section 86:
“Voluntary military service of officer of Reserve Defence Force
86A. (1) An officer of the Reserve Defence Force may notify his or her commanding officer in writing that the officer is available for deployment on supplemental military service, subject to the officer’s consent being given under subsection (7).
(2) A notification under subsection (1) shall specify—
(a) the nature of the supplemental military service to which the officer concerned may consent under subsection (7),
(b) the duration and frequency of the periods of supplemental military service to which the officer concerned may consent under subsection (7), and
(c) the dates from and to which the officer concerned may be available to be deployed on supplemental military service.
(3) An officer of the Reserve Defence Force who has provided a notification under subsection (1) may notify his or her commanding officer in writing that the officer is no longer available for deployment on supplemental military service.
(4) Where the Minister determines that—
(a) there is a particular deficiency in skills or expertise in the Permanent Defence Force which would be addressed by the deployment of an officer of the Reserve Defence Force on supplemental military service, or
(b) it is otherwise in the best interests of the Defence Forces to deploy an officer of the Reserve Defence Force on supplemental military service,
the Minister may approve the deployment of an officer of the Reserve Defence Force on supplemental military service.
(5) An approval under subsection (4) shall specify—
(a) the purpose of the deployment concerned, and
(b) the number of officers to be deployed as part of that deployment.
(6) An approval under subsection (4) may specify matters other than those referred to in subsection (5), including, but not limited to—
(a) the skills or qualifications that an officer is required to have for the purposes of the deployment concerned, and
(b) the duration of that deployment.
(7) Subject to subsection (10), where an officer of the Reserve Defence Force has provided a notification under subsection (1) and has not provided a notification under subsection (3), the prescribed military authority may request, and the officer may give, the officer’s consent to deployment on supplemental military service in respect of which an approval has been given under subsection (4).
(8) A request of the prescribed military authority under subsection (7) shall—
(a) be in writing, and
(b) specify—
(i) the nature,
(ii) the duration,
(iii) the start date, and
(iv) the end date,
of the supplemental military service concerned.
(9) A consent of an officer of the Reserve Defence Force under subsection (7) shall be given in writing to the prescribed military authority.
(10) The prescribed military authority shall not seek the consent of an officer of the Reserve Defence Force under subsection (7) where the total number of days of military service provided by the officer in a 12 month period would, if the officer were to be so deployed, exceed the number of days prescribed for the purpose of this subsection.
(11) Subject to subsection (12), an officer of the Reserve Defence Force may withdraw a consent given under subsection (7).
(12) An officer of the Reserve Defence Force deployed on supplemental military service may only withdraw his or her consent to that deployment with the consent of the prescribed military authority, which consent shall not be unreasonably withheld.
(13) Where an officer of the Reserve Defence Force withdraws his or her consent to deployment on supplemental military service—
(a) in a case in which the deployment has not commenced, the officer shall not be deployed on that service, and
(b) in a case in which the deployment has commenced, the officer shall not be liable to continue that service.
(14) An officer of the Reserve Defence Force shall be liable to render supplemental military service only where—
(a) the Minister has given approval to deployment on that supplemental military service under subsection (4), and
(b) the officer has given and not withdrawn his or her consent to deployment on that supplemental military service.
(15) The Minister may prescribe a number of days for the purposes of subsection (10).
(16) The Minister shall, when prescribing a number of days for the purposes of subsection (10), have regard to—
(a) the voluntary nature of supplemental military service,
(b) the duration of training which may be required before deployments on supplemental military service,
(c) the operational requirements of the Defence Forces,
(d) the employment and education commitments of officers of the Reserve Defence Force, and
(e) the training requirements of officers of the Reserve Defence Force.
(17) In this section, ‘supplemental military service’ means military service, either within or outside the State, which an officer of the Reserve Defence Force would not be liable to render under other provisions of the Defence Acts 1954 to 2015.".".
Amendment agreed to.
I move amendment No. 6:
In page 5, between lines 11 and 12, to insert the following:
"Voluntary military service of reservist
5. The Principal Act is amended by the insertion of the following section after section 91:
“Voluntary military service of reservist
91A. (1) A reservist may notify his or her commanding officer in writing that the reservist is available for deployment on supplemental military service, subject to the reservist’s consent being given under subsection (7).
(2) A notification under subsection (1) shall specify—
(a) the nature of the supplemental military service to which the reservist concerned may consent under subsection (7),
(b) the duration and frequency of the periods of supplemental military service to which the reservist concerned may consent under subsection (7), and
(c) the dates from and to which the reservist concerned may be available to be deployed on supplemental military service.
(3) A reservist who has provided a notification under subsection (1) may notify his or her commanding officer in writing that the reservist is no longer available for deployment on supplemental military service.
(4) Where the Minister determines that—
(a) there is a particular deficiency in skills or expertise in the Permanent Defence Force which would be addressed by the deployment of a reservist on supplemental military service, or
(b) it is otherwise in the best interests of the Defence Forces to deploy a reservist on supplemental military service,
the Minister may approve the deployment of a reservist on supplemental military service.
(5) An approval under subsection (4) shall specify—
(a) the purpose of the deployment concerned, and
(b) the number of reservists to be deployed as part of that deployment.
(6) An approval under subsection (4) may specify matters other than those referred to in subsection (5), including, but not limited to—
(a) the skills or qualifications that a reservist is required to have for the purposes of the deployment concerned, and
(b) the duration of that deployment.
(7) Subject to subsection (10), where a reservist has provided a notification under subsection (1) and has not provided a notification under subsection (3), the prescribed military authority may request, and the reservist may give, the reservist's consent to deployment on supplemental military service in respect of which an approval has been given under subsection (4).
(8) A request of the prescribed military authority under subsection (7) shall—
(a) be in writing, and
(b) specify—
(i) the nature,
(ii) the duration,
(iii) the start date, and
(iv) the end date,
of the supplemental military service concerned.
(9) A consent of a reservist under subsection (7) shall be given in writing to the prescribed military authority.
(10) The prescribed military authority shall not seek the consent of a reservist under subsection (7) where the total number of days of supplemental military service provided by the reservist in a 12 month period would, if the reservist were to be so deployed, exceed the number of days prescribed for the purpose of this subsection.
(11) Subject to subsection (12), a reservist may withdraw a consent given under subsection (7).
(12) A reservist deployed on supplemental military service may only withdraw his or her consent to that deployment with the consent of the prescribed military authority, which consent shall not be unreasonably withheld.
(13) Where a reservist withdraws his or her consent to deployment on supplemental military service—
(a) in a case in which the deployment has not commenced, the reservist shall not be deployed on that service, and
(b) in a case in which the deployment has commenced, the reservist shall not be liable to continue that service.
(14) A reservist shall be liable to render supplemental military service only where—
(a) the Minister has given approval to deployment on that supplemental military service under subsection (4), and
(b) the reservist has given and not withdrawn his or her consent to deployment on that supplemental military service.
(15) The Minister may prescribe a number of days for the purposes of subsection (10).
(16) The Minister shall, when prescribing a number of days for the purposes of subsection (10), have regard to—
(a) the voluntary nature of supplemental military service,
(b) the duration of training which may be required before deployments on supplemental military service,
(c) the operational requirements of the Defence Forces,
(d) the employment and education commitments of reservists, and
(e) the requirement of reservists to undergo training under section 92.
(17) In this section, 'supplemental military service' means military service, either within or outside the State, which a reservist would not be liable to render under other provisions of the Defence Acts 1954 to 2015.".".
Amendment agreed to.
I move amendment No. 7:
In page 5, between lines 11 and 12, to insert the following:
“Attachment of reservist on voluntary military service
6. The Principal Act is amended by the insertion of the following section after section 95:
“Attachment of reservist on voluntary military service
95A. Where a reservist has been deployed on military service under section 91A, that reservist may, during any period of such service, be deployed for service with, or be attached to, any staff, unit or other element of the Defence Forces.".".
Amendment agreed to.
I move amendment No. 8:
In page 5, between lines 11 and 12, to insert the following:
"Prohibition on political activities when on voluntary military service
7. The Principal Act is amended by the insertion of the following section after section 103:
“Prohibition on political activities when on voluntary military service
103A. A member of the Reserve Defence Force shall not, while deployed on military service under section 86A (in the case of an officer) or section 91A (in the case of a reservist)—
(a) canvass on behalf of, or collect contributions for, any political organisation or society, or
(b) address a meeting of a political organisation or society.".".
Amendment agreed to.
I move amendment No. 9:
In page 5, between lines 11 and 12, to insert the following:
"Amendment of section 118 of Principal Act (persons subject to military law as officers)
8. Section 118(1)(c) of the Principal Act is amended—
(a) in subparagraph (iii), by the substitution of "in a military hospital, or" for "in a military hospital,", and
(b) by the insertion of the following subparagraph after subparagraph (iii):
"(iv) he is deployed on military service under section 86A,".".
Amendment agreed to.
I move amendment No. 10:
In page 5, between lines 11 and 12, to insert the following:
"Amendment of section 119 of Principal Act (persons subject to military law as men)
9. Section 119(b) of the Principal Act is amended—
(a) in subparagraph (vi), by the substitution of "is in uniform, or" for "is in uniform,", and
(b) by the insertion of the following subparagraph after subparagraph (vi):
"(vii) he is deployed on military service under section 91A,".".
Amendment agreed to.
I move amendment No. 11:
In page 5, between lines 11 and 12, to insert the following:
"Amendment of section 174(2) of Principal Act (assembly of court of inquiry to deal with absence of man of Reserve Defence Force)
10. Section 174 of the Principal Act is amended, in subsection (2), by the substitution of "by reason of his being called out on permanent service or in aid of the civil power or for annual training or being deployed on military service under section 91A" for "by reason of his being called out on permanent service or in aid of the civil power or for annual training".".
Amendment agreed to.
I move amendment No. 12:
In page 5, between lines 11 and 12, to insert the following:
"Amendment of section 182(1) and (2) of Principal Act (confession of desertion or fraudulent enlistment)
11. Section 182 of the Principal Act is amended by the substitution of "called out on permanent service or deployed on military service under section 91A" for "called out on permanent service" in each place where it occurs.".
Amendment agreed to.
I move amendment No. 13:
In page 5, after line 32, to insert the following:
"Amendment of section 2 of Act of 1960 (Despatch of contingents of the Permanent Defence Force for service outside the State with International United Nations Forces)
12. Section 2 of the Act of 1960 is amended—
(a) in subsection (1)—
(i) by the substitution of "subject to subsections (2), (3) and (4)" for “subject to subsections (2) and (3)", and
(ii) by the substitution of "Defence Forces" for "Permanent Defence Force" in each place where it occurs,
(b) in subsection (2), by the substitution of "Defence Forces" for "Permanent Defence Force" in each place where it occurs,
(c) in subsection (3), by the substitution of "Defence Forces" for "Permanent Defence Force", and
(d) by the insertion of the following subsection after subsection (3):
"(4) A member of the Reserve Defence Force shall not be despatched under subsection (1), (2) or (3) unless that member has consented to the despatch in accordance with section 86A or 91A, as the case may be, of the Principal Act.".".
Amendment agreed to.
I move amendment No. 14:
In page 5, after line 32, to insert the following:
"Amendment of section 4 of Act of 1960 (Amendments of the Principal Act)
13. Section 4 of the Act of 1960 is amended—
(a) in subsection (1), by the substitution of "Defence Forces" for "Permanent Defence Force", and
(b) in subsection (5), by the substitution of "Defence Forces" for "Permanent Defence Force".".
Amendment agreed to.
I move amendment No. 15:
In page 6, between lines 5 and 6, to insert the following:
"Amendment of section 3 of Act of 2006 (Despatch of contingent or member of the Permanent Defence Force for external service for purposes other than service with International United Nations Force)
14. Section 3 of the Act of 2006 is amended—
(a) in subsection (1), by the substitution of "Subject to subsection (3), a contingent or member of the Defence Forces" for "A contingent or member of the Permanent Defence Force", and
(b) by the insertion of the following subsection after subsection (2):
"(3) A member of the Reserve Defence Force—
(a) shall not be despatched under subsection (1), unless the member has consented to the despatch in accordance with section 86A or 91A, as the case may be, of the Principal Act, and
(b) shall not be despatched for any purpose specified in paragraph (a) of subsection (1).".".
Amendment agreed to.
Bill, as amended, received for final consideration and passed.
The Bill will be sent to the Seanad.