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Defence Forces

Dáil Éireann Debate, Tuesday - 1 July 2025

Tuesday, 1 July 2025

Questions (199)

Duncan Smith

Duncan Smith

Duncan Smith

Question:

199. Deputy Duncan Smith asked the Tánaiste and Minister for Defence the reason the Defence Force Regulations made by him under the Defence Acts 1954 to 2015 are not laid before the Houses of the Oireachtas or included in the electronic Irish Statute Book or made public, whether pursuant to section 3 of the Statutory Instruments Act 1947 or otherwise; if the Defence Force Regulations have been expressed to be secret or confidential in whole or in part; if the Defence Force Regulations are exempt from the application of the Freedom of Information Act 2014; if he will publish and make generally available the Defence Force Regulations currently in force; and if he will make a statement on the matter. [36214/25]

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Written answers

Simon Harris

Tánaiste and Minister for Defence

In general, statutory instruments made by the Minister for Defence under the Defence Acts apply only to members of the Defence Forces and do not have applicability to the general public. Such statutory instruments are referred to as Defence Force Regulations (DFRs).

Section 3 of the Statutory Instruments Act 1947, as amended by section 6 of the Statute Law Revision Act 2015, provides that statutory instruments made by the Minister for Defence under specific sections of the Defence Act 1954 and the Defence (Amendment) Act 1990 are exempt from the general application of the Statutory Instruments Act 1947. This includes the provisions regarding publication. While the statutory instruments in question are not published on the Irish Statute Book they are available to members of the Defence Forces.

Defence Force Regulations are not exempt from the provisions of the Freedom of Information Act 2014. Where a request for records, including a request for records relating to Defence Force Regulations, is made under the Freedom of Information Act 2014, such requests are examined in the context of the provisions of that Act, including the provisions which relate to security and defence.

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