Finian McGrath (Dublin North Central, Independent)

I thank the Ceann Comhairle for the opportunity to speak on the Defence (Amendment) Bill 2006. Before discussing the details of the legislation, I thank and commend the Defence Forces for their valuable and brave work in serving the State over many years. I also thank them for their work on behalf of the United Nations. As many Deputies will agree, we must commend our troops for the magnificent peacekeeping work they do on the international stage. It is important they continue to focus on peacekeeping activities, rather than adopting any other agenda.

Many people, including Members of the House, appear to have difficulty defending Ireland's neutrality. However, neutrality, which I strongly support, does not mean sitting on the fence when international issues arise. Irish troops have an excellent record in serving international peace and many have given their lives on international missions. I oppose those who want to take the Defence Forces in a new direction in international affairs.

According to the explanatory memorandum, section 180 of the principal Act provides for the revision of summary awards and will no longer be required as the Bill provides for a new appeal process for such awards. The repeal, it adds, will not apply to punishments awarded before the coming into operation of the new provisions relating to the "investigation and summary disposal of charges".

I mentioned section 180 of the principal Act because it relates to a particular case that I and my colleague, Deputy Gregory, have highlighted for many years. Privates Tom Kenny and Joseph Fitzpatrick were the only survivors of the Niemba massacre on 8 November 1960, where a patrol of 11 Irish peacekeepers under Lieutenant Kevin Gleeson was attacked by Baluba tribesmen. There were several Irish casualties but Privates Kenny and Fitzpatrick survived and managed to make their way to safety. It is of fundamental importance that we look after the interests of these soldiers.

Is the Minister of State aware that on Monday and Tuesday of this week, one of the survivors of this infamous ambush, Joseph Fitzpatrick, felt obliged to protest outside Leinster House? Mr. Fitzpatrick seeks a medal in official recognition of his bravery. This will clear his name, which he believes has been maligned by the Army for 47 years. The other Niemba survivor, Mr. Kenny, also wishes the Army to clear his name. He seeks a written apology from the Minister for Defence and a clear statement that Trooper Anthony Browne did nothing to save his life at Niemba on 8 November 1960. We must put the record straight on this matter before it is too late.

Is the Minister of State aware that both Niemba massacre survivors believe a recent Army report, the Behan report, misrepresented their views and contained inaccuracies? What steps will he take to ascertain the views of both these brave Army veterans? As time is running out, will he find a way to grant their wishes? Many Members feel strongly about this issue. It is unacceptable that a veteran soldier who served his country bravely should be protesting at the gates of Leinster House. I urge the Government to listen to the people directly involved in this event.

Chapter 3 of Part 3 relates to the investigation and summary disposal of charges, appeals to summary court martial and remands for court martial. The late Captain James Kelly was badly treated by successive Governments. The State turned its back on a man who did his best to serve his country and was acting on the orders of Ministers. I encourage the Government to speak to Captain Kelly's widow, Sheila Kelly. We should put the record straight and ensure Captain Kelly's name is cleared fully. This issue has dragged on for many years. This was a person who operated under orders but was shafted and hung out to dry.

Deputy Ó Snodaigh mentioned the case of Dónal de Róiste. That is another issue that has been niggling away in the background for years. The Government must take action in respect of all these cases where people have suffered miscarriages of justice. These are the types of issues we must confront during the debate on this legislation.

Section 57 provides that an officer sentenced by a court martial to the new punishment of reduction of pay to any lower point on the scale may also be sentenced to a fine, severe reprimand or reprimand. There must be effective guidelines and regulations, and the legislation must be tough enough to ensure there is good practice in the Army. It is important that we reward and develop good practice. People of other nationalities who come into contact with Irish soldiers, especially in the Middle East, are invariably complimentary. They admire how Irish soldiers handle difficult situations, unlike the armies of other countries who have a different agenda.

I encourage the Government to use Ireland's status as an independent neutral country to expand the Defence Forces in the interests of international peace. I detest the words "EU battle group" that are now on the agenda. There should be no such talk. Our soldiers serve the United Nations in the interests of international peace. They participate in famine missions, provide relief in the wake of storms and hurricanes and assist in building roads and bridges. That is the Army I support. The vast majority of people support this activity and any attempt to bring us in another direction will be challenged.

The argument is sometimes made that the Army needs more experience in combat and must enhance its professionalism. Irish soldiers have extensive experience of Liberia and Beirut. Members of my family have served and are serving in the Army and their professionalism is clear. The Army is serving the State in a positive way.

Part 4 of Schedule 4 deals with amendments to the Ombudsman (Defence Forces) Act 2004. The increased enrolment of women in the Defence Forces in recent years is welcome, but we must ensure they are treated with respect and equality. I welcome the strong focus on human rights that is written into the legislation. An army that respects the human rights of its members will respect the human rights of people in the wider community. This is particularly important in regard to peacekeeping duties in international battle zones. It is because the United States has shown no respect for human rights in its dealings with Iraq that it has lost the trust and confidence of both the Iraqi people and the international community. That is why President Bush is isolated politically.

Ireland can take action in this regard. We can take to the international stage as an independent neutral country with an independent foreign policy. The Army has a crucial role in promoting the international peace agenda. We must develop good practice in terms of our peacekeeping activities. Whether working with Palestinian or Israeli communities, the Army should safeguard its special status as an independent force that will do its best to assist the local community.

The primary objective of the Army must be to assist in ending conflicts. We should not be ashamed to stand on the side of poorer countries. I refer particularly to Latin American states that are isolated internationally. Ireland should be proud to stand by these countries in defending their interests against the bully boys in the West with their nuclear weapons and big guns. Ireland has more in common with poorer countries than it does with some of these elitist and aggressive Western countries, which seem obsessed with acquiring more nuclear weapons. The money spent on weaponry could be better used to feed starving people, build houses and hospitals and assist countries whose populations live in dire poverty.

Part 5 of Schedule 4 deals with amendments to the Criminal Law (Insanity) Act 2006. Section 13 of this Act is amended to reflect the new roles of the Director of Military Prosecutions and the court martial administrator. The intent of the existing provisions is not changed. I welcome these amendments. We know of cases where people have found themselves in difficult situations. We also have a responsibility to look after soldiers, particularly those who have served in dangerous locations. The Army and State have a duty to ensure their safety, especially any who suffer mental illness as a result of their experience in conflict situations.

I welcome the Bill and the discussion it has facilitated. I urge that something be done for Tom Kenny and Joseph Fitzpatrick.

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