Defence Act 1954

184K

F203 [ Committee.

184K. (1) For the purpose of identifying officers F204 [ , and persons other than officers, ] and informing the Government of the suitability of those officers F205 [ , and such persons, ] for appointment to judicial office, there shall be established a committee consisting of

( a ) the Chief of Staff,

( b ) the Judge Advocate-General, and

( c ) a Judge of the High Court, nominated by the President of the High Court.

(2) The committee may adopt such procedures as it considers appropriate to carry out its functions under this section.

F206 [ (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) The committee shall, whenever so requested by the Minister, select an officer or officers F207 [ , or, as the case may be, one, or more than one, person other than an officer, ] for appointment under this section and shall inform the Minister of the selection made and of his or their suitability for the appointment and the Government shall consider for appointment F208 [ the officer or officers, or such person or persons, so selected. ]

(4) The committee shall not submit or recommend the name of an officer F209 [ , or a person other than an officer, ] to the Minister under this section unless F210 [ the officer or person concerned ] satisfies the requirements of section 184J(2) as regards the proposed appointment, and the committee shall not recommend the name of the officer F211 [ , or a person other than an officer, ] to the Minister unless, in the opinion of the committee F212 [ or person ] , the officer

( a ) has displayed in his or her practice as a barrister or solicitor, as the case may be, a degree of competence and a degree of probity appropriate to and consistent with the appointment as a military judge,

( b ) is suitable on grounds of character and temperament,

( c ) is otherwise suitable, and

( d ) complies with the requirements of subsection (5) of this section.

(5) An officer F213 [ or a person other than an officer ] who wishes to be considered for appointment under section 184J shall undertake in writing to the committee, if appointed as a military judge, to take such courses of training or education, or both, as may be required by the Judge Advocate-General.

(6) All proceedings of the committee and all communications to the committee shall be confidential and shall not be disclosed except for the purposes of this Chapter. ]

Annotations:

Amendments:

F203

Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 34, commenced as per s. 1(3).

F204

Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 6(1)(a), S.I. No. 568 of 2011.

F205

Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), ss. 6(1)(b), 12(3), S.I. No. 568 of 2011

F206

Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 6(2), S.I. No. 568 of 2011.

F207

Inserted (9.11.2011) Defence (Amendment) Act 2011 (17/2011), s. 6(3)(a), S.I. No. 568 of 2011.

F208

Substituted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 6(3)(b), S.I. No. 568 of 2011.

F209

Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 6(4)(a), S.I. No. 568 of 2011.

F210

Substituted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 6(4)(b), S.I. No. 568 of 2011.

F211

Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 6(4)(a), S.I. No. 568 of 2011.

F212

Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 6(4)(c), S.I. No. 568 of 2011.

F213

Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 6(5), S.I. No. 568 of 2011.