Oireachtas Joint and Select Committees

Tuesday, 1 July 2025

Committee on Defence and National Security

General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed)

2:00 am

Dr. Cathal Berry:

To answer the specific question, the Defence Forces have an excellent culture and value system. Like any human organisation, there are isolated cases and there is a very small number of people who think those values and culture does not apply to them. It is very important, as the major general said, that the same powers given to the Garda Commissioner are also given to the Chief of Staff so that if we come across an isolated case, the legislation is very specific. This must be for very serious cases that would involve imprisonment of up to five years. We are talking about very serious cases where it is in the national interest, the public interest and the interest of the Defence Forces that this person be suspended on full pay pending the outcome of any trial. I think that is the appropriate way of doing business. The key word I would use here is "balance". The regulations have yet to be produced and will be once the primary legislation is signed off on. The regulations have to be very careful from well-being and proportionality points of view. I welcome the principle and look forward to seeing the regulations in due course.