Dáil Éireann Debate, Tuesday - 2 July 2024
100. Deputy Matt Carthy asked the Tánaiste and Minister for Defence if he intends to withdraw his appeal against the decision of the adjudicator under the conciliation and arbitration scheme which found against the prohibition of Defence Forces personnel serving in certain posts from being able to affiliate with representative organisations. [28130/24]
Amharc ar fhreagraThe decision in question, as ruled by the Adjudicator under the Conciliation and Arbitration (C&A) Scheme for members of the Permanent Defence Forces, is one which found against the prohibition of Defence Forces personnel, serving in a specific post, from being able to affiliate with Representative Associations. This ruling is currently under appeal to the Defence sector Arbitration Board, given that such an appeal is part and parcel of the rights of all parties to the C&A Scheme.
It is important to note that under Defence Force Regulation (DFR) 02/2020, Section 4(1) and Section 6(2), since 23 January 2020, the holder of the post of Director of Military Prosecutions (DMP) cannot be a member of a Representative Association.
In addition, the Defence (Amendment) Act 2011 also altered the eligibility requirements for the position of Director of Military Prosecutions, opening it up to non-military candidates for the first time. This appointment is a statutory position and one made by Government. The role of DMP, within the Defence Forces, is independent and does not fall within the chain of military command. As such it is necessary to ensure that the holder of this post is required to be independent, and be seen to be independent, in the performance of the statutory powers assigned to them.
As the Deputy may be aware, I have stated in the Dáil that I do not intend to bring forward further amendments to future primary legislation on this matter. However, there is merit in allowing this appeal to proceed in order to clarify the role of the Conciliation and Arbitration scheme in the context of Defence Forces Regulations.
