Defence (Amendment) Act 2011

Amendment of section 184K of Principal Act.

6.— (1) Section 184K(1) of the Principal Act is amended—

(a) by inserting “, and persons other than officers,” after“identifying officers”, and

(b) by inserting “, and such persons,” after “the suitability of those officers”.

(2) Section 184K of the Principal Act is amended by inserting the following subsection after subsection (2):

“(2A) A committee established under this section, having considered—

(a) the service of an officer, other than an officer referred to in section 184J(3), who is a qualified barrister or solicitor in a position in the full-time service of the State (including as a member of the Permanent Defence Force and as a civil servant within the meaning of the Civil Service Regulation Act 1956 ) for any period following that qualification, and

(b) the duties and role discharged by the officer in relation to the service, during that period,

may determine that it is satisfied that—

(i) such duties and role are substantially similar in substance and effect to those discharged by an officer referred to in section 184J(3), and

(ii) such duties and role were carried out by the officer on a day to day basis throughout that period.”.

(3) Section 184K(3) of the Principal Act is amended—

(a) by inserting “, or, as the case may be, one, or more than one, person other than an officer,” after “select an officer or officers”, and

(b) by substituting “the officer or officers, or such person or persons, so selected,” for “the officer or officers so selected”.

(4) Section 184K(4) of the Principal Act is amended—

(a) by inserting “, or a person other than an officer,” after “name of an officer”, in both places where it occurs,

(b) by substituting “the officer or person concerned” for “the officer concerned”, and

(c) by inserting “or person” after “in the opinion of the committee, the officer”.

(5) Section 184K(5) of the Principal Act is amended by inserting “or a person other than an officer” after “An officer”.