Oireachtas Joint and Select Committees

Thursday, 23 May 2024

Select Committee on Foreign Affairs and Trade, and Defence

Defence (Amendment) Bill 2024: Committee Stage

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I move amendment No. 8:

In page 12, between lines 11 and 12, to insert the following:

“Amendment of section 196 of Principal Act

17. Section 196 of the Principal Act is amended, in subsection (1), by the substitution of “The Director” for “The prosecutor”.”.

The director of military prosecutions is responsible for the conduct of any prosecution at a court martial. Section 196(1) of the Defence Act 1954 provides that the prosecutor at a court martial may be represented by counsel. The opportunity is being taken to bring forward this technical amendment to clarify that the reference to the term "prosecutor" in section 196(1) is a reference to the director of military prosecutions and not a reference to any other person.

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