Defence Forces Act, 1937

What is this act about?

This law, the Defence Forces Act, 1937, sets out rules for the Defence Forces of Ireland, including how military command is exercised and how officers and soldiers are appointed, dismissed, and regulated. It was enacted to align with the newly established Constitution of Ireland.

Who it applies to: Officers and soldiers of the Defence Forces and the Reserve; The President, the Government, and the Minister in relation to their roles in the Defence Forces.

At a glance

Country: Ireland
Area of law: Constitutional law and human rights
Articles: 16
Source: irishstatutebook.ie
Text retrieved: 2026-06-17
Explanation updated: 2026-07-07

What does this act regulate?

The exercise of military command and executive powers within the Defence Forces.
The appointment, dismissal, retirement, and resignation of officers.
The oaths taken by officers and soldiers.
The convening and confirmation of findings and sentences of courts-martial.

Who does this act apply to?

Officers and soldiers of the Defence Forces and the Reserve.
The President, the Government, and the Minister in relation to their roles in the Defence Forces.

What are the key points?

Military command and powers are exercised by the Government through the Minister, under the President's direction.
Appointments to key offices (Chief of Staff, Adjutant-General, Quartermaster-General, Inspector-General, Judge Advocate-General) are made by the President on the Government's advice.
Officers and soldiers must take an oath of faithfulness to Ireland and loyalty to the Constitution, and obey superior officers, while also being prohibited from joining certain organisations without permission.
Officers cannot be dismissed without being given reasons and an opportunity to respond, unless they are sentenced by a civil court to death, penal servitude, or imprisonment for over six months, or are absent without leave for over three months.

Constitutional law and human rights

Constitution of the Irish Free State (Saorstát Eireann) Act, 1922

Treaty (Confirmation of Amending Agreement) Act, 1925

Ministers and Secretaries Act, 1924

Electoral (Amendment) (No. 2) Act, 1927

Electoral (Seanad Elections) Act, 1925

Referendum (Amendment) Act, 1983

Referendum (Amendment) Act, 1984

Oireachtas (Payment of Members) Act, 1933

Constitutional law and human rights

Legal text

Contents (16)

Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16

Defence Forces Act, 1937 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1937 Defence Forces Act, 1937 Defence Forces Act, 1937 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 41 of 1937.

DEFENCE FORCES ACT, 1937.

ARRANGEMENT OF SECTIONS Section

Section 1

Definitions and construction.

Section 2

Commencement.

Section 3

Military command.

Section 4

Appointment to certain offices.

Section 5

Appointment to commissioned rank.

Section 6

Oath by officers of the Forces.

Section 7

Dismissal of officers.

Section 8

Retirement of officers.

Section 9

Resignation of officers.

Section 10

Effective dates of appointments, etc., of officers.

Section 11

Oath to be taken by soldiers.

Section 12

Discharge of soldiers.

Section 13

Prohibition of membership of political and secret societies.

Section 14

Convening of courts-martial and confirmation of findings and sentences of courts-martial.

Section 15

Repeals.

Section 16

Short title and citation.

FIRST SCHEDULE Forms of Commission to an Officer SECOND SCHEDULE Enactments Repealed Acts Referred to Defence Forces (Temporary Provisions) Act, 1923 No. 30 of 1923 Defence Forces (Temporary Provisions) Act, 1923 (Continuance and Amendment) Act, 1924 No. 38 of 1924 Number 41 of 1937.

DEFENCE FORCES ACT, 1937.

AN ACT TO MAKE, FOR THE PURPOSES OF THE CONSTITUTION OF IRELAND LATELY ENACTED BY THE PEOPLE, PROVISION FOR CERTAIN MATTERS RELATING TO THE DEFENCE FORCES, INCLUDING THE REGULATION OF THE EXERCISE OF THE SUPREME COMMAND OF THE DEFENCE FORCES. [17th December, 1937.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Definitions and construction.

1.—(1) In this Act— the expression “the Principal Act” means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923); the expression “the Defence Forces” means the Forces and the Reserve.

(2)The Defence Forces (Temporary Provisions) Acts, 1923 to 1937, and this Act shall be read and construed together and accordingly every expression and word used in this Act to which a particular meaning is given by the said Acts for the purposes of the said Acts has in this Act the meaning so given.

Commencement.

2.—This Act shall come into operation immediately after the coming into operation of the Constitution of Ireland lately enacted by the People.

Military command.

3.—(1) Under the direction of the President acting on the advice of the Government and subject to the provisions of the Defence Forces (Temporary Provisions) Acts, 1923 to 1937, and this Act, the military command of and all executive and administrative powers in relation to the Defence Forces, including the power to delegate authority, shall be exercisable by the Government through and by the Minister.

(2)The Minister may make regulations, applying to officers, as to the persons to be invested as officers with military command over the Defence Forces or any part thereof or any person belonging thereto, and as to the mode in which such command is to be exercised.

Appointment to certain offices.

4.—Appointments to the following offices shall be made by the President acting on the advice of the Government, that is to say:— (a) the office of Chief of Staff of the Defence Forces; (b) the office of Adjutant-General of the Defence Forces; (c) the office of Quartermaster-General of the Defence Forces; (d) the office of Inspector-General of the Defence Forces; (e) the office of Judge Advocate-General.

Appointment to commissioned rank.

5.—(1) The President, on the advice of the Government, may appoint any person to commissioned rank or temporary commissioned rank in the Forces or the Reserve.

(2)Whenever and so long as there is an elected President in office exercising and performing the powers and functions of his office, all commissions shall be issued in the form set out in Part I of the First Schedule to this Act.

(3)Until the first President enters upon his office or whenever and so long as a commission constituted under Article 14 of the Constitution is exercising and performing the powers and functions of the President, all commissions shall be issued in the form set out in Part II of the First Schedule to this Act.

Oath by Officers of the Forces.

6.—(1) Every officer of the Forces shall upon being granted a commission take an oath or make a declaration in the following form:— “I do solemnly swear (or declare) that I will be faithful to Ireland and loyal to the Constitution and that while I am an officer in Oglaigh na h-Eireann I will obey all orders issued to me by my superior officers according to law and I will not join or be a member of or subscribe to any organisation without due permission.”

(2)The oath or declaration in the last preceding sub-section set forth shall be taken or made and subscribed by an officer in the presence of an officer nominated for that purpose by the Minister.

(3)Any officer of the Forces who declines or neglects to take the oath or make the declaration aforesaid in the manner aforesaid, shall be deemed to have resigned his commission and appointment as an officer in the Forces.

Dismissal of officers.

7.—(1) The President may, on the advice of the Government, dismiss any officer.

(2)Except in the case of an officer who is sentenced by a civil court to suffer death, penal servitude, or imprisonment for a term exceeding six months or who is absent without leave for a period exceeding three months, an officer shall not be dismissed under this section unless or until the reasons for the proposed dismissal have been communicated to him and such officer has been given a reasonable opportunity of making such representation as he may think proper in relation to the proposed dismissal.

Retirement of officers.

8.—(1) An officer of the Forces may, in accordance with regulations made by the Minister, be retired by the President on the advice of the Government.

(2)An officer of the Forces may, in accordance with regulations made by the Minister, retire.

Resignation of officers.

9.—(1) An officer may tender to the President the resignation of his commission.

(2)The President on the advice of the Government may accept or refuse to accept the tender by an officer of the resignation of his commission.

(3)An officer who has tendered the resignation of his commission shall not, unless otherwise ordered by the Minister, be relieved of his military duties unless and until the resignation of his commission has been accepted by the President on the advice of the Government.

Effective dates of appointments, etc., of officers.

10.—The appointment of a person to commissioned rank, the dismissal (other than by sentence of a courtmartial) or retirement of an officer, and the resignation by an officer of his commission shall in each case take effect from such date as the President acting on the advice of the Government may fix.

Oath to be taken by soldiers.

11.—

Section 9

of the Defence Forces (Temporary Provisions) Act, 1923 (Continuance and Amendment) Act, 1924 (No. 38 of 1924), is hereby repealed and in lieu thereof it is hereby enacted that the form of oath or declaration to be taken or made pursuant to section 21 of the Principal Act shall be as follows, that is to say:— “I do solemnly swear (or declare) that I will be faithful to Ireland and loyal to the Constitution and that while I am a soldier in Oglaigh na h-Eireann I will obey all orders issued to me by my superior officers according to law and I will not join or be a member of or subscribe to any organisation without due permission.”

Discharge of soldiers.

12.—The Government acting through the Minister may direct the discharge of any soldier of the Forces or the Reserve.

Prohibition of membership of political and secret societies.

13.—(1) No officer or soldier of the Forces shall join or be a member of or subscribe to any political society or organisation.

(2)No officer or soldier of the Forces or the Reserve shall join or be a member of or subscribe to any secret society.

Convening of courts-martial, and confirmation of findings and sentences of courts-martial.

14.—(1)

Section 91

of the Principal Act is hereby amended by the insertion therein of the following sub-section in lieu of sub-section (1) now contained therein and the said section shall be construed and have effect accordingly, that is to say:— “(1) Each of the following persons shall have power to convene a general court-martial, that is to say:— (a) the Minister; (b) any officer authorised in that behalf by the Minister.”

(2)

Section 92

of the Principal Act is hereby amended by the insertion therein of the following sub-section in lieu of sub-section (1) now contained therein, and the said section shall be construed and have effect accordingly, that is to say:— “(1) Each of the following persons shall have power to convene a local court-martial, that is to say:— (a) any officer authorised to convene a general court-martial; (b) any officer deriving authority to convene a local court-martial from an officer authorised to convene a general court-martial.”

(3)Each of the following persons shall have power to confirm the finding and sentence of a general court-martial, that is to say:— (a) in case sentence of death has been awarded, the Government, (b) in any other case— (i) the Minister, (ii) any officer, not below the rank of Colonel, authorised in that behalf by the Minister.

(4)Each of the following persons shall have power to confirm the finding and sentence of a local court-martial, that is to say:— (a) the Minister, (b) any officer authorised by the Minister to confirm the findings and sentence of a local court-martial, (c) any officer for the time being authorised to convene a local court-martial.

Repeals.

15.—The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.

Short title and citation.

16.—(1) This Act may be cited as the Defence Forces Act, 1937.

(2)For the purposes of collective citation the expression “the Defence Forces (Temporary Provisions) Acts, 1923 to 1937” shall include this Act.

FIRST SCHEDULE.

Forms of Commission to an Officer.

PART I.

Defence Forces of Ireland.

To (Name of Officer)_________________________ Trusting in your fidelity to Ireland and loyalty to the Constitution and reposing special confidence in your courage, honour, good conduct, and intelligence, I__________________the President of Ireland hereby, on the advice of the Government, constitute and appoint you to be an officer in the part of the Defence Forces known as____________as from the___________day of________________, 19_________You will faithfully discharge your duty in the rank of__________________or in any higher rank to which your merit may hereafter determine your appointment or promotion. You will exercise and train in arms and maintain in good order and discipline the soldiers and inferior officers serving under you who are hereby each and all enjoined and commanded to render you obedience as their superior officer. You will yourself observe and obey without question such orders and directions as you shall from time to time receive from the Minister for Defence or from any of your superior officers according to law.

GIVEN under my Official Seal this____________ day of______________, 19_________ ________________________, President of Ireland.

L.S.

PART II.

Defence Forces of Ireland.

To (Name of Officer)_________________________ Trusting in your fidelity to Ireland and loyalty to the Constitution and reposing special confidence in your courage, honour, good conduct, and intelligence, We, the undersigned members of the Commission nominated by Article 57 (or 14) of the Constitution to exercise the powers and functions of the President of Ireland hereby, on the advice of the Government constitute and appoint you to be an officer in the part of the Defence Forces known as___________ as from the ___________day of__________________, 19______________ You will faithfully discharge your duty in the rank of ________________or in any higher rank to which your merit may hereafter determine your appointment or promotion. You will exercise and train in arms and maintain in good order and discipline the soldiers and inferior officers serving under you who are hereby each and all enjoined and commanded to render you obedience as their superior officer. You will yourself observe and obey without question such orders and directions as you shall from time to time receive from the Minister for Defence or from any of your superior officers according to law.

GIVEN under the Official Seal of the President of Ireland this________________day of _________________, 19___________ L.S.

SECOND SCHEDULE.

Enactments Repealed.

Number and Year Short Title Extent of Repeal No. 30 of 1923 Defence Forces (Temporary Provisions) Act, 1923 .

Sections 5 , 10 , 11 , 15 , 16 , 17 , 21 a and 27 ; sub-section (1) of

Section 91

; sub-section (1) of

Section 92

;

Sections 114 , 124 and 211 ; the First Schedule .

No. 38 of 1924 Defence Forces (Temporary Provisions) Act, 1923 (Continuance and Amendment) Act, 1924 .

Sections 9 and 10 .

No. 4 of 1925.

Defence Forces (Temporary Provisions) Act, 1925 .

Section 3

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