Defence Act 1954

Chapter IV.

Miscellaneous Provisions in relation to the Defence Forces.

Special powers in relation to defence.

30

30. (1) The Minister may do all or any of the following things—

( a) construct and maintain barracks, quarters, defence works, magazines, aerodromes, ranges, harbours, piers, dock-yards, dry docks and anchorages;

( b) construct, acquire, equip, maintain and commission public armed vessels and auxiliaries thereto;

( c) construct, acquire, equip, maintain and man vessels (other than public armed vessels and auxiliaries thereto) required for defence purposes;

( d) place and maintain buoys and lights;

( e) lay mines;

( f) establish, work and maintain and contract for the establishment, working and maintenance of arms and ammunition factories and factories for the manufacture of other service equipment and stores;

( g) employ (including employ by way of apprenticeship) civilians with the Defence Forces or in a factory established under this section;

( h) subject to the provisions of this Act, all such other things as seem to him necessary for the efficient military defence of the State.

(2) Where the exercise of any of the powers conferred by subsection (1) of this section involves a charge on public funds, such powers shall be exercised only with the concurrence of the Minister for Finance.

Annotations:

Modifications (not altering text):

C14

Employment of civilians under Act exempted from application of Public Service Management (Recruitment and Appointments) Act 2004 (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 7(2)(g), commenced on enactment.

Excluded positions generally.

7.— ...

(2) Subject to subsection (4), unless an order is made under section 6, either generally or in respect of any position or class of position, this Act does not apply to a position where the appointment concerned— ...

(g) is by way of employment of civilians by the Minister for Defence under section 30 of the Defence Act 1954,

...

C15

Grounds for dismissal of civilians employed under section extended (9.05.1977) by Unfair Dismissals Act 1977 (10/1977), s. 6(5), S.I. No. 138 of 1977.

Unfair dismissal.

6.— ...

(5) ( a) Without prejudice to the generality of subsection (1) of this section, the dismissal by the Minister for Defence of a civilian employed with the Defence Forces under section 30 (1) (g) of the Defence Act, 1954, shall be deemed for the purposes of this Act not to be an unfair dismissal if it is shown that the dismissal was for the purpose of safeguarding national security.

( b) A certificate purporting to be signed by the Minister for Defence and stating that a dismissal by the Minister for Defence of a civilian named in the certificate from employment with the Defence Forces under section 30 (1) (g) of the Defence Act, 1954, was for the purpose of safeguarding national security shall be evidence, for the purposes of this Act, of the facts stated in the certificate without further proof.

...

C16

Civilians employed under section excluded (18.02.1957) from application of Civil Service Regulation Act 1956 (46/1956), s. 20(2)(d), S.I. No. 18 of 1957.

Operation of the Act.

20.— ...

(2) This Act applies to— ...

but does not apply to— ...

( d) a civilian employed by the Minister for Defence under section 30 of the Defence Act, 1954 (No. 18 of 1954).

...

C17

Civilians employed under section excluded (18.02.1957) from application of Civil Service Commissioners Act 1956 (45/1956), s. 6(2)(h), S.I. No. 17 of 1957.

Operation of the Act.

6.— ...

(2) This Act— ...

( h) does not apply to the employment of civilians by the Minister for Defence under section 30 of the Defence Act, 1954 (No. 18 of 1954).

...