Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Special Committee Defence Bill, 1951 díospóireacht -
Tuesday, 25 Mar 1952

SECTION 78.

I move amendment No. 83 :—

In sub-section (1), paragraph (a), line 26, before "as" to insert "and is rendering service".

If he were accepting pay and rendering service he would be considered to be a soldier subject to military law in the same way as if he were properly attested. When a person has accepted pay he is accepted under the bald provisions of the section and though he is neither attested nor re-engaged he will be subject to military law. But when a man has accepted pay for one week or a month and at the end of the month has ceased to receive it and is not rendering service, he ought not to be subject to military law.

This is another section which I referred specially to the legal advisers. They informed me that they thought the draft all right. What they fear is that if the amendment were accepted there might be difficulty about the question of a man who deserted. That is, as far as I can gather, that while entitled to discharge, he might not be able to get it because he was not actually rendering service.

In this case a too strict interpretation might arise and a man might be subjected to military law when he should not be. However, if it is the view of the advisers that the point is necessary to cover certain cases, I will accept that.

Amendment by leave, withdrawn.

I move amendment No. 84 :—

To delete sub-section (2).

I think this sub-section is going too far. A man may have received pay as a reservist improperly when he has neither attested nor re-engaged and nevertheless he can be considered subject to military law. That is an extension of the Act that is unwise and I would strongly oppose it.

It has always been the practice to regard reservists in the same way as the permanent force in matters of this kind.

Take a man drawing pay through mistake and rendering service. It is reasonable that he should be subject to military law when receiving pay but a man on the reserve might come up for training and be paid while up for training and it may be discovered a month afterwards that he was not a reservist or subject to military law. I do not think it would be right to extend it as far as to make him subject to military law.

If there were such a situation, we would give that man his discharge.

Amendment, by leave, withdrawn.
Section 78 agreed to.
Barr
Roinn