I move amendment No. 17 :—
In sub-section (1), line 10, to delete the words " under the direction of the President, and."
The section opens with the words :—
(1) Under the direction of the President, and subject to the provisions of this Act, the military command of, and all executive and administrative powers in relation to, the Defence Forces, including the power to delegate command and authority, shall be exercisable by the Government. . . .
Under the Constitution, the President is Commander-in-Chief of the Defence Forces but he exercises that constitutional command in accordance with the Constitution and the law through the Government and, through the Government, through the Minister. That is the chain of command, but the Constitution never intended to give the President any powers of direction at all. He is Commander-in-Chief but his powers can only be exercised through the Government through the Minister and he has no authority under the Constitution to give directions to anybody. He is advised and does everything he does on the advice of the Government. Every action of the President is done on the advice of the Government. The words I propose to delete give the impression that the President has executive powers which are not given to him under the Constitution and it is because I think it would be a dangerous thing to put words into an Act which have no basis in fact or in the Constitution that I oppose the insertion of these words, words which are mere surplusage.