Politicians have no role in the Operational Management of Defence

I have always believed that the #Defence #Forces #Chief of #Staff should be the accounting officer for the military and a peer equal to the #Secretary #General of the #Department of Defence. Advice on #Defence #policy should come jointly and equally from the Chief of Staff & the Secretary General. Whereas Military advice should only come from the Chief of Staff.

I put down several amendments to the #Government's ‘Emergency Measures in the Public Intrest #COVID19 #Legislation’. Some may wonder why having put down the amendments I withdrew them. The answer is twofold. First, I was putting down a marker for future debate once we pass through the current emergency. Second, I like many colleagues with amendments to other sections of the Bill withdrew them as I did not wish to impede the passage of this emergency Bill.

In addition to amendments to the Bill, I also sought to add to the Bill. The COVID-19 emergency has seen the training of Defence Forces Cadets, Recruits and Apprentices suspended and they now undertake front line duties. Unlike their peers in other professions none of the #Military personnel would be paid the Military Service Allowance. Furthermore #veterans who return to military service to assist the state in this crisis have no guarantee that they would not be subjected to pension abatement unlike their peers in the health service who will have abatement suspended for the duration of the emergency. My amendments in this regard were about #respect for those who are nerver found wanting in an emergency.

Notwithstanding the above, the wording of the Bill was in my view deeply flawed in so far as no reference is made anywhere to the role of the countries most senior military officer the Chief of Staff. When it comes to re-enlisting Defence Force Veterans the Bill speaks of the Minister deciding or the Minister determining who should return & this is simply not the way to do business. At the very least it leaves whatever Minister is in place open to allegations of political interference or cronyism. A glance through my amendments might serve to explain what I was trying to achieve indeed what must be achieved in the future.

Amendments for PART 6 Starting on Page 25

Amendment of Defence Act 1954: re-enlistment of formerly enlisted persons

25.     The Defence Act 1954 is amended—

(a) in section 19(b), by the substitution of “section 53, 53A or 54” for “section 53 or

54”,

(b) by the insertion of the following section after section 53: 

“Re-enlistment of formerly enlisted persons

53A. (1) A person who was formerly enlisted in the Permanent Defence

Force— 

(a) who has served the full term of his or her original enlistment in

accordance with section 53 (and, if applicable, any periods of service authorised under section 64 or 65), or

Original

(b) who was discharged in accordance with section 75, may, subject to subsection (2), be re-enlisted as an enlisted person of the Permanent Defence Force for a specified period as determined by the Minister.

Amend as follows:

Line 34 Page 25 after Minister insert the words: on the advice of the Defence Forces Chief of Staff.

Page 25 insert new paragraphs C,D,E,F

Amended paragraph as follows

(b) who was discharged in accordance with section 75, may, subject to subsection (2), be re-enlisted as an enlisted person of the Permanent Defence Force for a specified period as determined by the Minister on the advice of the Defence Forces Chief of Staff.

c)     Enlisted personnel who re-enlist to support the state may following the COVID19 emergency period may seek their discharge on request without incurring any charges as set out in Section 75.

d)    Personnel who re-enlist will have their civilian employment fully protected for the duration of the COVID19 emergency as determined by Government. 

e)     Military service allowance shall be paid to all serving personnel during the period of the COVID19 crisis

f)     Pension Abatement shall not apply to personnel who have re-enlisted under this Bill

(2) A person may only be re-enlisted under subsection (1) where the Minister determines that this course of action will address a deficiency, within the Defence Forces, of necessary skills or expertise which, in his or her opinion, cannot be met through the use of existing personnel resources.

 Page 25 Line 35 insert the words ‘on the advice of the Defence Forces Chief of Staff’ between where and the

 Page 26 Line 2 Delete between which and opinion and insert after which and before Cannot ‘in the opinion of the Defence Forces Chief of Staff’

Amended paragraph as follows:

(2) A person may only be re-enlisted under subsection (1) where on the advice of the Defence Forces Chief of Staff the Minister determines that this course of action will address a deficiency, within the Defence Forces, of necessary skills or expertise which, in the opinion of the Defence Forces Chief of Staff, cannot be met through the use of existing personnel resources.

(3) A person re-enlisted under subsection (1) may have that period of service extended for such further term as the Minister may determine, having regard to any deficiency within the Defence Forces of necessary skills or expertise which, in his or her opinion, cannot be met through the use of the then existing personnel resources.

Amend as follows:

Page 26 Line 5 after may insert on the advice of the Chief of Staff

Page 26 Line 7 after which in insert ‘the’ and after opinion insert of the Chief of Staff

(3) A person re-enlisted under subsection (1) may have that period of service extended for such further term as the Minister may on the advice of the Chief of Staff determine, having regard to any deficiency within the Defence Forces of necessary skills or expertise which, in the opinion of the Chief of Staff, cannot be met through the use of the then existing personnel resources.

(4) Sections 53, 63, 64, 65 and 70 shall not apply to a person re-enlisted under this section.”,

 (c) in section 58(1), by the substitution of “section 53 or 53A” for “section 53”, and

 (d) in section 69, by the substitution of “section 53 or 53A” for “section 53”.

 ?