Defence (Amendment) Act 2011

Amendment of section 184D of Principal Act.

4.— (1) Section 184D(1) of the Principal Act is amended by inserting “, and persons other than officers,” after “identifying officers”.

(2) Section 184D of the Principal Act is amended by inserting the following subsection after subsection (3):

“(3A) A committee established under this section, having considered—

(a) the service of an officer, other than an officer referred to in section 184C(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 184C(3), and

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

(3) Section 184D(4) of the Principal Act is amended by inserting “, or, as the case may be, one, or more than one, person other than an officer,” after “select an officer or officers”.

(4) Section 184D(5) of the Principal Act is amended—

(a) by substituting “an officer, or a person other than an officer, to be the Director unless the officer, or person,” for “an officer to be the Director unless the officer”,

(b) in paragraph (a), by substituting “a suitable officer or person other than an officer,” for “a suitable officer”,

(c) in paragraph (b), by substituting “the officer or any of the officers, or such person or any of such persons selected by the committee” for “the officer or any of the officers selected by the committee”,

(d) in paragraph (i), by substituting “appoint an officer, or as the case may be, a person other than an officer, to be the Director” for “appoint an officer to be the Director”, and

(e) in paragraph (ii), by substituting “the Government shall appoint an officer, or such person, to be the Director” for “the Government shall appoint an officer to be the Director”.