In relation to legislation under the remit of my Department, the following enactments have not yet been commenced:
(a) The Defence Forces (Evidence) Act 2022.
(b) Section 12 of the Defence (Amendment) Act 2024.
All other enactments have been commenced.
In relation to the Defence Forces (Evidence) Act 2022, work is ongoing relating to the preparation of the necessary regulations and administrative procedures to give effect to this Act. As soon as these regulations and procedures have been finalised, my Department will progress the preparation of a commencement order, in conjunction with the Office of Parliamentary Counsel. The principal purpose of this Act, which mirrors closely the provisions of the Criminal Justice (Forensic Evidence and DNA Database System) Act, 2014, is to ensure that Military Police have access to DNA testing on a statutory basis in relation to the investigation of serious crimes involving military personnel.
Section 12 of the Defence (Amendment) Act 2024 which amends the Defence Act 1954, updates and enhances the power of the Minister for Defence to make regulations in relation to the compulsory drug-testing programme within the Defence Forces. Work is underway on the preparation of comprehensive regulations to enable this section to be commenced. It is important to note that pending the completion of the new regulations a drug-testing programme continues to operate, within the Defence Forces, in accordance with current statutory provisions.
In terms of regulations that remain outstanding, there is a requirement to make regulations under the Defence Forces (Evidence) Act 2022 following the commencement of that Act and under section 117A of the Defence Act 1954 (as amended by section 12 of the Defence (Amendment) Act 2024.
There are no guidelines, arising from either primary of secondary legislation, unpublished by my Department.
