Written answers
Thursday, 27 June 2024
Department of Defence
Defence Forces
Seán Sherlock (Cork East, Labour)
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134. To ask the Taoiseach and Minister for Defence to clarify an issue (details supplied). [27637/24]
Micheál Martin (Cork South Central, Fianna Fail)
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As of 29 March 2024, all Permanent Defence Forces personnel who previously had a mandatory retirement age of less than 60, may remain in service until 60 subject to fulfilling certain existing criteria, for example physical and medical fitness. As announced on 5 March 2024, in tandem with the changes made to the mandatory retirement age, a new fast accrual pensions' policy framework was approved and the Department of Public Expenditure, NDP Delivery and Reform commenced the preparation of the necessary legislation. This legislation, when enacted, will allow for a further increase in the mandatory retirement age for all Permanent Defence Force ranks to 62.
The Government decision last week marks significant progress in its commitment for a new framework, which will take effect as soon as is practicable after the enactment of the legislation. Until the point at which the legislation is enacted, and the necessary regulations to give effect to the changes in mandatory retirement age are signed, the mandatory retirement age remains at 60. This revised mandatory retirement age of 62 will apply to personnel who previously had a mandatory retirement age of less than 62.
The procedure in relation to extension of service applications for operational and business reasons remains unchanged.
Holly Cairns (Cork South West, Social Democrats)
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135. To ask the Taoiseach and Minister for Defence the procedures in regard to senior members of the Defence Forces attending the criminal trials of Defence Force members; to provide the guidance given to members of the Defence Forces around providing character references at such trials; and if he would consider a review of these procedures. [27681/24]
Micheál Martin (Cork South Central, Fianna Fail)
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I am advised that in line with Defence Force Regulations, specifically DFR A7, a military representative is required to be present during the trial in a civil court (criminal court) of an accused member of the Defence Forces The role of that representative, which is also provided for in these regulations, is to assist the court if called upon to do so, with any queries the Court may have in respect of the service record of the accused member.
This Regulation outlines the procedures and guidance for the attendance of officers at a civil trial of a soldier. Only if required by the court, will the officer ‘will furnish any information in their possession as to the soldier's character and service’. The information furnished by the officer to the court is sourced solely from the soldier’s past performance appraisal(s) and conduct rating. The officer in attendance does not provide a personal character reference such as would be provided by character witnesses called by the defendant.
The current provisions are kept under review.
Holly Cairns (Cork South West, Social Democrats)
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136. To ask the Taoiseach and Minister for Defence the number of times senior members of the Defence Forces have attended the trials of Defence Force members in an official capacity; the number of times senior members of the Defence Forces have provided character references at the trials of Defence Force members in an official capacity; from 2018 to date, in tabular form. [27682/24]
Micheál Martin (Cork South Central, Fianna Fail)
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As the Deputy may be aware, the process for a military representative in civilian court cases, is captured in Defence Forces Regulations, namely DFR A7.
Paragraphs 55 to 58 of this Regulation specify that a military representative is required to be present during the trial in a civil court (criminal court) of an accused member of the Defence Forces. One of the roles of that representative, which is also provided for in this Regulation, is to assist the court, if called upon to do so, with any queries the Court may have in respect of the service record of the accused member. In addition, the Regulation provides for the representative to prepare a short but comprehensive report of the trial and findings immediately on conclusion of the proceedings, for transmission to the accused member's Commanding Officer.
I have asked the military authorities to provide the details requested by the Deputy and understand that work has commenced on collating that information. I will revert to the Deputy with a reply as soon as possible.
Paul Kehoe (Wexford, Fine Gael)
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137. To ask the Taoiseach and Minister for Defence if he will consider taking in Ukrainian recruits into the Defence Forces, if not doing so already; and if he will make a statement on the matter. [27762/24]
Micheál Martin (Cork South Central, Fianna Fail)
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The military authorities advise me that recruitment competitions are open to all applicants who comply with the relevant competition terms and conditions. Such competitions are not restricted to citizens of Ireland but are open to all applicants who have a legal entitlement to reside and work in the State.
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