Oireachtas Joint and Select Committees
Thursday, 10 July 2025
Committee on Defence and National Security
General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed)
2:00 am
Tom Clonan (Independent) | Oireachtas source
I welcome the witnesses and it is great to see them. They are former colleagues. I am proud to say I was a member of RACO and I was a barrack representative in the independent republic of Magee Barracks, Kildare, back in the day. Sadly, like myself, it has been retired.
We have mostly discussed the triple lock and what might replace it. We have not really got to grips with these heads. I thank the witnesses for their comprehensive presentation. It is very disturbing. The witnesses might find it reassuring to know that four members of this committee have been subject to either military law or the Garda code. We understand what it is like to be in that subordinate position. As Conor King rightly said, it is a set of circumstances where we really have to articulate very strongly for our basic rights in the workplace.
I am very conscious of the suspension of officers or members of the Defence Forces and summary dismissal for any prescribed reason, as set out under head 22. This is unacceptable. We should know this from what happened in the past, such as the cases of Captain James Kelly or Lieutenant Dónal de Róiste. I know these were by different means and mechanisms but we cannot have a repeat. I am very taken by the discretion and power it gives to unnamed and unaccountable persons.
With regard to the suspension under head 21, I know it is commonplace in An Garda Síochána and it has become quite controversial. The current Commissioner has faced a lot of criticism from his representative associations. The imperative for these suspensions seems to come from the Commissioner and the senior leadership team of An Garda Síochána. If this were passed, I do not imagine the general staff would have an appetite for suspending officers. Is this pressure coming from the Department? Conor King cited in his statement a high-profile court case around which there was a lot of negative and ill-informed commentary. Does he think some of this is being framed in the context of that court case?
With regard to the dismissal under head 22 of an officer by the President, it is obviously outside the direct chain of command, albeit he is the Commander in Chief. Would it be a political decision then to dismiss an officer? Where would this decision-making come from? I agree that the wording is very vague.
With regard to head 23, in his presentation Derek Priestley pointed out there is no informal or formal data sharing mechanism between An Garda Síochána and the provost marshal regarding investigations. I assume there is sharing of information between An Garda Síochána and the Defence Forces on intelligence matters and I ask the witnesses to clarify this.
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