Chapter V.

Disqualifications, Exemptions and Privileges of Members of the Defence Forces.

103. —(1) A member of the Permanent Defence Force shall not join, or be a member of, or subscribe to, any political organisation or society or any secret society whatsoever.

(2) A member of the Reserve Defence Force shall not join, or be a member of, or subscribe to, any secret society whatsoever.

(3) The Minister may by regulations—

(a) prohibit officers of the Reserve Defence Force, who are, during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88, for the time being continuously engaged in military service or duties for which, as officers of the Reserve Defence Force they are liable, from participating in specified political activities, and

(b) prohibit reservists who stand called out on permanent service from participating in those specified political activities.

104. —(1) For the purposes of this section—

(a) the expression “local authority” means a local authority for the purposes of the Local Government Acts, 1925 to 1946, and includes a vocational education committee and a committee of agriculture;

(b) an officer of the Reserve Defence Force shall be deemed to be actively employed whenever, during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88, he is employed continuously on military service or duty;

(c) a reservist shall be deemed to be actively employed whenever he is called out on permanent service.

(2) (a) A member of the Permanent Defence Force shall be disqualified from being elected or co-opted or appointed or being a member of a local authority.

(b) If a person, who is for the time being a member of a local authority, becomes a member of the Permanent Defence Force, he shall thereupon cease to be a member of that local authority.

(3) (a) A member of the Reserve Defence Force shall, during any period during which he is actively employed, be disqualified from being elected or co-opted or appointed a member of a local authority.

(b) The following provisions shall apply to a member of the Reserve Defence Force who is for the time being a member of a local authority—

(i) he shall not, during any period during which he is actively employed, act as a member of that local authority and if he does he shall thereupon cease to be a member of that local authority,

(ii) notwithstanding anything contained in any enactment relating to local authorities, he shall not by reason only of his absence from meetings of that local authority during such period be disqualified or vacate his office as a member of that local authority.

105. —Each of the following shall at the following times be exempt from serving on any jury—

(a) every member of the Permanent Defence Force at all times,

(b) every officer of the Reserve Defence Force during any period during which he is in receipt of pay for any service or duty as an officer of the Reserve Defence Force,

(c) every reservist when—

(i) undergoing training and in receipt of pay, or

(ii) called out on permanent service, or

(iii) called out in aid of the civil power.

106. —The arms, ammunition, equipment, service necessaries and clothing of a member of the Defence Forces shall not be liable to be seized under any order, decree or warrant of a court or any document having the same force and effect as such order, decree or warrant or under any other form of distraint.

107. —(1) An order shall not be made under section 6 of the Debtors (Ireland) Act, 1872, or under section 6 or 8 of the Enforcement of Courts Orders Act, 1940 (No. 23 of 1940), directing the imprisonment of any person—

(a) who is a man of the Permanent Defence Force, or

(b) who is a reservist and is for the time being called out on permanent service.

(2) An order shall not be made under subsection (1) of section 6 of the Employers and Workmen Act, 1875, in respect of any person who is a man of the Permanent Defence Force, or who is a reservist and is for the time being called out on permanent service.

(3) Notwithstanding anything contained in paragraph (22) of section 133 of the Children Act, 1908, an order made, under either section 75 or 82 of that Act, against a person who is or becomes a man shall not be enforceable by the imprisonment of such person, in case he is a man of the Permanent Defence Force, so long as he is a man of the Permanent Defence Force or, in case he is a reservist, during any period during which he is called out on permanent service.

(4) Notwithstanding anything contained in subsection (5) of section 99 of the Children Act, 1908, any sums imposed and ordered to be paid by a parent or guardian under the said section or on forfeiture of any such security as is referred to in the said section, shall not be capable of being recovered in the manner mentioned in the said subsection against a person who is or becomes a man, in case he is a man of the Permanent Defence Force, so long as he is a man of the Permanent Defence Force or, in case he is a reservist, during any period during which he is called out on permanent service.

108. —A man of the Permanent Defence Force or a reservist, during any period during which he is called out on permanent service, shall not be liable to be prosecuted or punished for any offence under section 83 of the Public Assistance Act, 1939 (No. 27 of 1939).

109. —(1) If any officer wilfully neglects or refuses on lawful application to deliver over to a member of the Garda Síochána or wilfully obstructs or wilfully neglects or refuses to assist a member of the Garda Síochána in lawfully apprehending, any member of the Defence Forces under his command who is accused or convicted of an offence, other than a man accused of an offence under section 83 of the Public Assistance Act, 1939 (No. 27 of 1939), such officer shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for any term not exceeding two years.

(2) Where an officer is convicted of an offence under subsection (1) of this section, the court before which he was convicted shall cause a certificate of the judgment of the court to be sent to the Minister.

110. —Where a member of the Defence Forces is convicted or acquitted by a court-martial of an offence such person shall not be liable to be tried subsequently by a civil court for that offence.

111. —(1) Where after the commencement of this Act any action, prosecution, or other proceeding is commenced against any person for any act done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act, the following provisions shall have effect, that is to say:—

(a) such action, prosecution or proceeding shall be brought in the High Court;

(b) such action, prosecution or proceeding shall not lie or be instituted unless it is commenced within six months after the act, neglect or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof;

(c) where in any such action judgment is obtained by the defendant, it shall carry costs to be taxed as between solicitor and client;

(d) where the proceeding is an action for damages, tender of amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded;

(e) if the action was commenced after tender or is proceeded with after payment into court of any moneys in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after the tender or payment, and the defendant shall be entitled to costs to be taxed as between solicitor and client, as from the time of the tender or payment, but this provision shall not affect costs on any injunction in the action;

(f) if, in the opinion of the court, the plaintiff has not given the defendant a sufficient opportunity of tendering amends before the commencement of the proceeding, the court may award to the defendant costs to be taxed as between solicitor and client.

(2) Every action against a member or minister of a court-martial in respect of a sentence of such court-martial or of anything done by virtue, or in pursuance, of such sentence shall be brought in the High Court.

112. —(1) No duties or tolls, otherwise payable by law in respect of the use of any pier, wharf, quay, landing place, highway, road, right of way, bridge or canal, shall be paid by or demanded from any unit or other element of the Defence Forces or an officer or man when on duty or any person under escort or in respect of the movement of any matériel of the Defence Forces.

(2) Nothing in subsection (1) of this section shall affect the liability for payment of duties or tolls lawfully demandable in respect of any vehicles or vessels other than those belonging to or in the service of the Defence Forces.

113. —(1) In this section, the expression “the Act of 1933” means the Road Traffic Act, 1933 (No. 11 of 1933).

(2) Sections 22 and 39 of the Act of 1933 shall not apply in respect of the driving of a mechanically propelled vehicle, which is the property of the State or otherwise under the control of the Minister, by any member of the Defence Forces while on duty.

(3) The following provisions of the Act of 1933 shall not apply during a period of emergency in respect of any member of the Defence Forces while on duty, that is to say, sections 22 and 49, subsection (2) of section 149, subsection (5) of section 159 and sections 164 and 166.