AN ADJUDICATION REPORT has accused the Department of Defence of operating “secret laws” and for having a “silly and facetious approach” to membership of representative bodies by military personnel.
The issue arose around whether the Director of Military Prosecutions could be a member of the Representative Association of Commissioned Officers . “This might very well have resulted in some meeting of minds on the issue. I find it extraordinary that the Department should take the view that ‘there was no role for the Representative Associations in the Terms and Conditions – that was a matter entirely for the Minister with the consent of the Minister for DPER’,” he added.
The report looked at a number of technical legal arrangements in which the DOD and RACO had agreed to discuss issues – these arrangements included an agreed written undertaking in Defence Forces Regulations documents.This arrangement was changed by the department at a later stage. Murphy said it was “extraordinary” and described it as a “secret law”.
A DOD spokesperson said: “The Department is currently appealing the Decision of the Adjudicator in this regard. As such, it would be inappropriate to comment on the matter.” The RACO statement said that members of the Defence Forces need more developed consultation and engagement with the DOD given their “relatively weakened industrial relations status”