Committee Reports > List of Committees > Seanad > 1956 > Select Committee on Statutory Instruments > Report No. 02 (1956) - Statutory Instruments

APPENDIX XVII.

Defence Force Regulations

9 Márta, 1956.

Rúnaí,

Roinn Cosanta.

I am directed by the Select Committee on Statutory Instruments to state that they have had under consideration the undermentioned Defence Force Regulations which are required to be laid before Seanad Éireann in pursuance of statutory requirements:—

Discipline D.F.R. A. 7.—Amendments.

Amendment No. 20 (dated 23. 12. 55).

Amendment No. 19 (dated 6. 4. 55).

An Fórsa Cosanta Aitiúil D.F.R. R. 5.—Amendments.

Amendment No. 35 (dated 29. 10. 54).

Amendment No. 37 (dated 25. 11. 54).

Pay and Allowances (Permanent Defence Force) D.F.R. S. 3.—Amendments.

Amendment No. 140 (dated 2.5.55).

Amendment No. 143 (dated 28. 10. 55).

Amendment No. 146 (dated 14.1.56)

Reserve of Officers (First Line) D.F.R. R. 1.

Amendment No. 20 (dated 25. 11.54).

R. 6 An Slua Muiri (dated 25.11.54).

R. 2. The Reserve of Men (First Line) (dated 25. 11.54).

Q. 2.—Clothing—Part I. Men of the Permanent Defence Force (including Cadets) (dated 20. 10.55).

The Committee under their terms of reference must examine every instrument which is statutorily presented to Seanad Éireann with a view to deciding whether or not the attention of the Seanad should be directed to it on any of the grounds covered by their terms of reference. In connection with their preliminary examination of the above Regulations they wish to raise the following seven points both in regard to them and to Defence Force Regulations in general.

(1) The Committee are unable to follow the significance of the letters and figures used in the titles of the amending regulations and they would like to know the manner in which the Defence Force Regulations are divided into different series and the basis for these divisions. They would also be glad to learn whether there are any objections to the use for Defence Force Regulations of distinguishing titles (including year of making) such as is commonly used for Statutory Instruments made by other Government Departments and Public Bodies instead of such references as A. 7, S. 3, etc., which are at present used for these regulations.

(2) The Committee note that the majority of the above regulations are regulations by reference. For example, the first-mentioned regulation reads as follows:—

“Discipline” D.F.R. A.7.—Amendments. Amendment No. 20.

Paragraph 15.

Delete “The Adjutant-General will thereupon order a Court of Inquiry to assemble to ascertain the details.” (Amendment No. 20—23/12/55).

It will be appreciated that the Committee have difficulty in fully examining regulations of this nature by reason of the fact that the original regulations with all amendments are not available for examination by the Committee. Copies have been requested from the Stationery Office, but it is understood that they are not put on sale to the public. In the circumstances, the Committee would be grateful if, in order to assist them in examining these regulations, you would furnish them in the case of the above-mentioned Regulations with a supply of the Principal Regulations and all previous amending ones where such exist. Should it not be found possible to supply the usual twelve copies a smaller number will suffice.

(3) The Committee would like to know why the regulations are not put on sale at the Stationery Office, as occasions may arise when members of the public may wish to obtain certain copies of them. It is, for instance, not clear to the Committee how a civilian solicitor or barrister entitled to be a counsel under Section 196 of the Defence Act, 1954, can acquire or complete a set of these regulations. They would not appear to be intended for sale as no price is quoted on the face of them.

(4) It is noted that the statutory authority for the making of the regulations under reference is generally cited as follows:—

“made and prescribed in exercise of the powers in this behalf vested in me by the Defence Act, 1954.”

The Committee consider that the statutory authority for the making of statutory instruments, including Defence Force Regulations, should be stated clearly and should indicate precisely the relevant sections of the Act, or Acts, under which they are made. In this connection I am to invite your attention to paragraph 9 of the First Report of the Select Committee [PR. 3001] dated 11th May, 1955, in which the Committee made certain recommendations in this regard.

(5) It is noted that the date of Defence Force Regulations is normally given at the top of the instrument and not, as is usually the case in other statutory instruments, below the signature of the Minister. While it is clear when the Minister for Defence is the only signatory to the regulations that this is the date of the instrument, such is not the case when the Minister for Finance has to attest his consent. Consequently, the date of the making of the latter regulations is in doubt. In this connection I am to invite your attention to paragraph 12 of the First Report in which the Select Committee made certain recommendations in this regard.

(6) The Committee note that some of the regulations under review (e.g. D.F.R. R. 5. Amendments 35 and 37; R. 6; R. 2 and Q.2) contain schedules (including Tables and Appendices) which appear below the signature of the attesting Minister or Ministers. The Committee feel that the better practice is that such Schedules should appear above the Minister’s signature. The Committee have already made certain recommendations in this regard and in this connection I am to invite your attention to paragraph 10 of the First Report.

(7) The Committee appreciate that frequent emendation of some delegated legislation may be necessary, particularly in regard to Defence Force Regulations, the statutes governing which have only recently been codified. They are, however, anxious that each statutory regulation should be easily identifiable and as far as possible should be an entity in itself capable of being construed without reference to any previous instruments. In the case of regulations made or continued under the Defence Act, 1954, the Committee have had under consideration the question as to whether it would be desirable (a) to have them included in the main official series of statutory instruments, i.e. to accord them an S.I. number, and (b) to codify them.

If the regulations were included in the official series of statutory instruments they would be available both to members of the Select Committee as well as to members of the general public who might be interested in or affected by them. Their inclusion in the series would be particularly useful in the case of regulations which are being constantly amended by reference as it would enable the parent instrument and previous amending regulations to be readily identified.

Codification of all Defence Force Regulations would seem to the Committee to be a logical result of the codification of statute law relating to the Defence Forces which was carried out by the passing of the Defence Act, 1954. It would make regulations which, of necessity, have grown large and unwieldy (e.g. the latest amendment to D.F.R. S. 3 is amendment No. 146) clear and concise to persons affected. In addition, the anomaly whereby the Select Committee have to consider amendments without access to the principal regulations would disappear if codification where necessary were effected.

The Committee would be glad to receive a memorandum on the above seven points. As they wish to consider the matter at their next meeting they would appreciate if a reply could be furnished by 22nd instant.

Cléireach an Rogha-Choiste.

Memorandum from Department of Defence.

(1) (a) The form of Defence Force Regulations is prescribed in Part II of Defence Force Regulations S.I. (copy enclosed). This form was decided upon in the Department of Defence many years ago when it was found that Defence Force Regulations in group consolidated form were essential to eliminate the difficulties in the matter of ready reference inherent in the old system of Defence Force Regulations in the yearly series which had grown to an unwieldy number. Army administration is, of necessity, effected by numerous regulations and, if these are not to hinder rather than to assist administration, they must be in such a form and so grouped that they are readily accessible to those required to operate them. Although copies of all Defence Force Regulations are issued to every officer of the Permanent Defence Force, officers whose appointments are concerned with administration, for example, retain specially and make themselves fully acquainted with Regulations in the “A” group. Similarly with officers employed on quartermaster duties who concentrate on Regulations in the “Q” group, etc.

(b) The grouping system referred to at (a) above is itself also but a temporary one. The intention is, eventually, to have all Regulations produced in the form of a volume, or volumes, somewhat on the lines of Queen’s Regulations in Great Britian. The different Parts will, it is contemplated, be arranged somewhat on the following lines:—

Consideration will also be given to producing the proposed volume or volumes bilingually as in the case of the South African military regulations.

(c) Considerable progress has been made since 1947 in the work of consolidating Defence Force Regulations into the groups indicated. The work is necessarily slow inasmuch as consolidation is not simply the amalgamation of existing old Regulations in the yearly series (many of which are faulty in a number of respects) but involves extensive and sometimes complicated revisions and the incorporation of new material in the light of experience, not alone in the Irish Army, but in other Armies as well. All these must be considered by the military authorities, the civilian staff of the Department of Defence and, in most cases, by the Department of Finance as well before an agreed consolidated Regulations can be produced.

(d) In the foregoing circumstances, it is considered that no very useful purpose would be served at the present stage by jettisoning the grouping system at present employed in Defence Force Regulations which is designed specially for the purpose of easing military administration. When the final stage in bringing Defence Force Regulations up to date has been reached, consideration will be given to the extent to which the proposed volume or volumes of Regulations can be made to conform to the general form of Statutory Instruments outside of the Army.

(2) A copy each of the undermentioned Regulations with the amendments indicated is enclosed.

Defence Force Regulations A. 7 (Discipline)—First reprint incorporating Amendments Nos. 1 to 15, together with separate Amendments Nos. 16 to 20.

Defence Force Regulations R. 5 (An Fórsa Cosanta Áitiúil)—First reprint incorporating Amendments Nos. 1 to 24, together with separate Amendments Nos. 25 to 41.

Defence Force Regulations S. 3 (Pay and Allowances—Permanent Defence Force)—Third reprint incorporating Amendments Nos. 1 to 132, together with separate Amendments Nos. 133 to 147.

Defence Force Regulations R. 1 (The Reserve of Officers (First Line))— First reprint incorporating Amendments Nos. 1 to 16, together with separate Amendments Nos. 17 to 25.

Defence Force Regulations R. 6 (An Slua Muirí).

Defence Force Regulations R. 2 (The Reserve of Men (First Line)).

Defence Force Regulations Q. 2, Part I (Clothing—Men of the Permanent Defence Force (including Cadets)), together with Amendment No. 1.

(3) Up to 1926 sale copies of Defence Force Regulations were held by the Stationery Office and were on sale in Messrs. Easons, but up to that time no copies were ever purchased by the public. By direction of the Department of Finance, at the instigation of the Stationery Office, the placing of Defence Force Regulations on sale was discontinued in 1926. It was represented to the Department of Defence that, by removing Defence Force Regulations from the sale list, the Stationery Office would be relieved of the necessity for holding stocks of publications which had no sale value and that a saving would be effected in the cost of printing and binding. An alternative arrangement was made whereby, should the need arise at any time to make a copy of any Regulations available to any member of the public, such copy would be supplied from Department of Defence stocks at a sale price to be fixed by the Stationery Office. This system has been operated satisfactorily since and the Department of Defence is not aware of any complaint from any member of the public as to the non-availability of copies of Defence Force Regulations.

(4) The Select Committee’s views as to the indication on each individual Regulation of the precise section or sections of the Act under which it purports to be made have been noted, and the question of giving effect to them has already received some examination in the Department of Defence. In small amending Regulation dealing with a particular aspect of military administration, e.g. deductions from pay, this would not present any difficulty. In large consolidated Regulations, however, e.g. Defence Force Regulations R. 5 and R. 6, the number of sections of the Act which might require to be indicated might be unduly large and so cumbersome as to make the revised procedure little better for the purpose for which it has been recommended than the existing procedure. Again, when the Regulations in volume form referred to at (1) hereof are eventually produced, the new procedure suggested would involve the indication of every section of the Act (and they are many) under which it is possible to make Regulations. For these reasons, it is felt that Defence Force Regulations do not lend themselves to the treatment recommended.

(5) and (6) Arrangements have been made whereby, in accordance with the recommendations of the Select Committee, the dates of signature and, where applicable, countersignature of Defence Force Regulations will be shown in future immediately beneath the Minister’s signatures instead of at the top as hitherto and any tables, appendices or schedules will appear before instead of after the signature of the executing authority.

(7) (a) The questions of the form of Defence Force Regulations and their codification have been referred to under (1) above. An army is of necessity largely run by a multiplicity of Regulations which are subject to constant change to meet previously unforeseen circumstances or changing circumstances in a field in which, throughout the world, there are constant variations to keep step with rapid progress at a time when wars or rumours of wars are the order of the day. During a time of active service or emergency important changes in Regulations may require to be conveyed to commanders by special dispatch or even by radio to Naval vessels and for this reason brevity and conciseness are all important. A Regulation which runs “Paragraph 4, Line 2, delete ‘twenty’ and substitute ‘ten”’ is perfectly intelligible to a field commander who is trained, as are officers of the services the world over, to act on instructions of this nature and who might be likely to regard the efficiency of his unit unnecessarily impaired by his having to read and examine a complete new paragraph 4 to find exactly where it differed from the existing one. In Defence Force Regulations what have always been aimed at are (1) legality, (2) brevity and conciseness, particularly in amendments, and (3) ready intelligibility to members of the Defence Forces required to put them into operation as well as to members of other Forces who may be allies in time of war. The inclusion of all Defence Force Regulations in any series (e.g. the S.I., series) which is used for other Regulations having no connection with the Army and not supplied to the members thereof would, it is considered, only lead to confusion (where such confusion could do most harm in time of emergency), inasmuch as the staggered numbers in such series could have no meaning whatever for army personnel who would not know readily whether or not the missing numbers had been applied to Defence Force Regulations which they had not received.

(b) If the Select Committee so desires, a complete set of all Defence Force Regulations of current application will be prepared and forwarded for their information. Arrangements could also be made to send all amendments from time to time so that the set could be kept up to date.

Conclusion.

(a) Specific reference has not been made in the foregoing to reprints of Defence Force Regulations. Regulations in the consolidated (lettered) series become from time to time almost unreadable due to the number of amendments which have been made to them. When this occurs they are, in order to facilitate civil and military administration, reprinted, with all amendments incorporated therein. Such reprints, while admirable, and indeed essential, for day to day administrative purposes, are not statutory instruments and could not be produced as such in a court of law. When such Regulations are required to be produced in a law court, the original Regulations, together with each separate amendment thereto, are made available.

(b) The Select Committee’s reference to codification apparently visualises that, when the stage is reached when the reprints referred to at (a) hereof are carried out, complete new Regulations, incorporating all previous amendments and cancelling the previous Regulations and amendments should be made. While this view is fully subscribed to by the Department of Defence, there are a number of practical difficulties in the way of its implementation. A completely new consolidated Regulation takes a very considerable time to have promulgated. After its initial preparation it is circulated to the heads of all Branches, both civil and military, in the Department of Defence for comment. All comments are carefully examined in the Regulations Section of the Department and, if they are many, a further circulation and perhaps more may be necessary. Such circulation also frequently affords one or more of the Branches concerned the opportunity of opening up afresh controversial matters which had previously been disposed of with resultant delays in trying to have general agreement reached. Eventually the new draft Regulations are considered by a Department of Defence Regulations Committee, consisting of both civil and military members, after which they are submitted to the Minister for approval. They are then sent to the Department of Finance. Again, when the Department of Finance has an opportunity of examining the new Regulations (which in practice takes some very considerable time) it may avail of the occasion to raise objections to provisions which although already in Regulations, it would not at this stage approve. For these reasons, it is considered that reprints of consolidated Defence Force Regulations with all amendments to date are essential from time to time to facilitate administration.