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Ireland

Defence (Amendment) Act, 1990

In short

This law allows for the creation of associations to represent members of the Defence Forces regarding their pay and certain other conditions, while also setting rules about their independence and what they can and cannot represent.

What it regulates

  • The establishment of associations for members of the Defence Forces.
  • The matters these associations can represent, primarily remuneration.
  • The independence of these associations from trade unions and other bodies.
  • The suspension of these associations under specific circumstances.

Who it concerns

  • Members of the Defence Forces (officers, non-commissioned officers, privates, or seamen).
  • The Minister (who can make regulations and determinations).

Key points

  • Associations can represent members on matters affecting their remuneration and other specified matters, but not on operations, raising/maintenance/command/organisation/discipline of the Defence Forces, or military offences.
  • An association must be independent and cannot be associated with or affiliated to any trade union or other body without the Minister's consent.
  • A member cannot join a trade union or other body (other than an association) that seeks to influence their remuneration or conditions of service.
  • Associations are suspended if an order under section 4 (1) of the Principal Act comes into operation, and cannot be established while such an order is in force.
Legal text
Legal text

Defence (Amendment) Act, 1990 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.

  1. 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.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1990 Defence (Amendment) Act, 1990 Defence (Amendment) Act, 1990 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 6 of 1990 DEFENCE (AMENDMENT) ACT, 1990 ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Representative associations. 3. Suspension in certain circumstances of associations. 4. Members on active service. 5. Members serving outside State. 6. Persons subject to military law. 7. Laying of regulations before Houses of Oireachtas. 8. Short title, collective citation, construction and commencement. Acts Referred to Defence Act, 1954 1954, No. 18 Defence (Amendment) (No. 2) Act, 1960 1960, No. 44 Number 6 of 1990 DEFENCE (AMENDMENT) ACT, 1990 AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF ASSOCIATIONS TO REPRESENT MEMBERS OF THE DEFENCE FORCES FOR CERTAIN PURPOSES AND FOR CONNECTED MATTERS. [11th April, 1990] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definitions. 1.—In this Act, unless the context otherwise requires— “association” means an association established under section 2

(1)of this Act; “member” means an officer, non-commissioned officer, private or seaman of the Defence Forces; “operation” means a task undertaken or intended to be undertaken by the Defence Forces in the discharge of their duties; “the Principal Act” means the Defence Act, 1954 ; “remuneration” means pay, allowances, gratuities or grants payable by the Minister to a member or any pension, retired pay or gratuity for which a member may be eligible in respect of or arising out of his service as such a member. Representative associations. 2.—
(1)Subject to section 3 of this Act, the Minister may provide by regulations for the establishment of an association or associations (in this Act referred to as an “association”) for the purpose of representing members of such rank or ranks of the Defence Forces as may be specified in the regulations in relation to matters affecting their remuneration and such other matters as the Minister may specify in the regulations, but excluding matters relating to any operation and the raising, maintenance, command, constitution, organisation and discipline of the Defence Forces under the Principal Act and offences in relation to the Defence Forces and military property under that Act.
(2)An association shall represent under subsection
(1)of this section only members of the association.
(3)An association shall be independent of and shall not, without the consent of the Minister, be associated with or affiliated to any trade union or any other body.
(4)A member shall not become or be a member of a trade union, or of any other body (other than an association), which seeks to influence or otherwise be concerned with the remuneration or other conditions of service of members.
(5)The Minister shall determine any question that arises as to whether any trade union or any other body is a trade union or body to which subsection
(4)of this section applies.
(6)The Minister may provide by regulations for the establishment of a system of conciliation and arbitration in respect of such matters, in relation to which an association represents members, as the Minister may specify in the regulations.
(7)Regulations under this section may provide for such ancillary, subsidiary and connected matters as the Minister considers necessary or expedient. Suspension in certain circumstances of associations. 3.—
(1)Whenever an order under section 4
(1)of the Principal Act comes into operation, any association shall thereupon become and be suspended and an association shall not be established under section 2
(1)of this Act while the order is in force.
(2)If, following the coming into operation of such an order as aforesaid, an association is suspended, then, as soon as may be after the revocation of that order, the Minister shall revoke the suspension. Members on active service. 4.—Subject to section 5 of this Act, an association shall not represent, or have as a member of any governing or other body or committee of the association, a member who is on active service. Members serving outside State. 5.—The Minister may provide by regulations that an association for members of a specified rank or ranks of the Defence Forces may represent such members serving outside the State, whether with an International United Nations Force (within the meaning of the Defence (Amendment) (No. 2) Act, 1960 ) or otherwise, in relation to such matters and to such extent as may be specified in the regulations. Persons subject to military law. 6.—A person who is subject to military law shall neither endeavour to persuade nor conspire with any other person to endeavour to persuade a member to join a trade union or other body (other than an association) referred to in section 2
(4)of this Act. Laying of regulations before Houses of Oireachtas. 7.—Every regulation made under section 2 or 5 of this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Short title, collective citation, construction and commencement. 8.—
(1)This Act may be cited as the Defence (Amendment) Act, 1990.
(2)The Defence Acts, 1954 to 1987, and this Act may be cited together as the Defence Acts, 1954 to 1990, and shall be construed together as one Act.
(3)This Act shall come into operation on such day or days as may be appointed by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be so appointed for different purposes and different provisions of this Act. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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