Mc Kenzie & Anor -v- Minister for Finance & Ors

Irish High Court JUDGMENT of Mr Justice John Edwards delivered on the 30th day of November, 2010

by Cathal N. Young, O'Reilly & Co. Solicitors & Notaries Public in Dublin

2.1 The first named applicant in this matter describes himself in his affidavit as a member of the Permanent Defence Forces by which it is presumed he means “the Permanent Defence Force”, which is one constituent part of “the Defence Forces”. The Defence Forces are comprised of both the Permanent Defence Force (“na Buan – Óglaigh” as gaeilge) and the Reserve Defence Force (“na h Óglaigh Cúltaca” as gaeilge), both of which have army, naval and air components as provided for in s.18 of the Defence Act, 1954 (hereinafter “the 1954 Act”). The FCA is part of the Reserve Defence Force (hereinafter “the R.D.F”).

2.2 The first named applicant is an NCO holding the rank of Company Quartermaster Sergeant and serves within the army component of the Permanent Defence Force (hereinafter the P.D.F.). He is also a member of the National Executive of the second named applicant.

2.3 Under s. 2 of the Defence (Amendment) Act 1990 (hereinafter “the 1990 Act”):

“the Minister [for Defence] 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 ….”.

2.4 Acting pursuant to s.2 of the 1990 Act the second named respondent made regulations by a statutory instrument entitled “Defence Force Regulations S.6 – Representative Associations” (hereinafter DFR S.6), and regulation 19 of DFR S.6 established the second named applicant.

2.5 The second named applicant is misdescribed in the title to these proceedings as “the Permanent Defence Forces Other Ranks Representative Association”. It should of course be “the Permanent Defence Force Other Ranks Representative Association”, and the Court of its own motion hereby amends the title to the proceedings so as to substitute the correct name for the second named applicant. The Permanent Defence Force Other Ranks Representative Association (herein after called "PDFORRA") is the representative association for members of the P.D.F. other than Commissioned Officers in relation to the matters specified in the Third Schedule to DFR S.6.

2.6 The Third Schedule to DFR S.6 is entitled “Scope of Representation” and is divided into four parts designated “A”, “B”, “C” & “D”, respectively. In this case only parts “A” and “B” are potentially relevant.

2.7 Part “A” of the Third Schedule is subtitled:

“Remuneration etc under the following headings:-“

and it continues:

“(a) claims relating to remuneration and other emoluments whether in cash or kind (for this purpose "remuneration" means

- pay

- allowances

- gratuities, or

- grants

payable to a member of the Permanent Defence Force 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); .

(b) the administration of remuneration;

(c) deductions from pay in respect of accommodation, rations and welfare services;”

2.8 Part “B” of the Third Schedule is subtitled:

“Other Conditions of Service and Career Development

under the following headings:-”

and (in so far as it is relevant) it continues:

“(q) the application to the Permanent Defence Force of legislation which affects matters coming within the scope of representation;

(r) (1) amendments to the Defence Acts, 1954 to 1990,

(2) amendments to Defence Force Regulations,

(3) ….

(4) ….

which come within the scope of representation;”

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Reference Info: n/a | Ireland

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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