Dáil debates

Thursday, 1 March 2007

Defence (Amendment) No. 2 Bill 2006: Second Stage

 

2:00 pm

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)

I join other Members in thanking the Defences Forces for the great work they do throughout the world, particularly at present in Lebanon and Liberia. It is no easy task. When we sent troops to Liberia with a UN mandate, it was a difficult decision and we were told in advance that they were entering a volatile situation. The situation is even more volatile in Lebanon, where, as I predicted at the time, the conflict between Hizbollah and Israel is not over; there is a hiatus while they re-arm and get ready for round two.

I asked the Minister then if our troops had any contact with Hizbollah commanders. He did not know but I hope when he returns from Lebanon he will be well briefed and know the situation on the ground. I suspect that it will become more difficult over the coming weeks. I wish our troops the very best because this is undoubtedly one of the most difficult missions. The Minister also said he would review the situation as circumstances changed and they clearly have. There is instability in the Lebanese Government, with protests in Beirut. I hope when the Minister gets back we will get a full explanation of what is happening in this area.

Our historical role as peacekeepers means that we have not been involved in bully boy tactics, there have been no incidents where Irish troops have been accused of abusing those they are supposed to be defending, unlike US troops, who have been responsible for countless examples of such abuse. That is a result of a different culture.

A recent example, and a major turning point in Iraq, was Abu Ghraib. The US said the affair would be investigated and a military court undertook that duty. There is a need for a military court where situations occur abroad because a domestic court could not deal with them, but do we get the same justice in a military court as in an ordinary court? The suspicion exists that a lesser form of justice will be dispensed because there would an understanding of why the situation occurred. Although what happened in Abu Ghraib is horrendous, we must understand that the troops investigated were low down in the chain of command and someone more senior gave the go ahead for their conduct.

The classic example from Hollywood is the film "A Few Good Men" starring Tom Cruise and Jack Nicholson. The Nicholson character says that the army has its own rules and that he had to issue a "code red" so that someone would be bullied to get him ready for combat. He said that is how the army operates, that it is a different form of justice. The film made the point that people get justice within the army but the army operates by different rules. If we can get a better standard of human rights as a result of this legislation, we will have done a good day's work.

There is, however, more to be done. We require legislation for whisteblowers in the Army to let us know what is going on. Since we have legislation to provide for such people in the Garda Síochána, we should put it in place for the Army, otherwise we are saying the Army is different. We should see it in the same context.

We have had serious abuses of human rights and civil liberties within the Army. The case cited most often is that of Dónal De Róiste. This was a travesty that scarred that man's life. We must cast our minds back to the 1970s when there was a level of paranoia in this country that none of us wants to see again. Undoubtedly the circumstances were peculiar, but as a result normal civil liberties were suspended and many people suffered, Dónal De Róiste being one of them. He has still not secured justice and I add my voice to the appeals to the Minister to establish an independent inquiry. Justice was not done on Bloody Sunday, an inquiry was set up, the British Army argued that peculiar circumstances obtained and there was a whitewash. The subsequent investigation of the affair saw the truth emerge. Many of these instances should be revisited, we should have the courage to go back and ask the difficult questions because there are many such questions remaining. The Ombudsman should investigate Mr. De Róiste's case, with an independent inquiry looking into what happened.

I spoke to someone at lunchtime who told me his daughter was in the Army. As part of the training she was called every name under the sun. It hard to know where training ends and bullying starts because of the culture that exists in military life. We must re-examine Dr. Tom Clonan's report that showed there was sexual harassment of females in the Army. I do not know if we have made any progress since then. I have asked questions about bullying and it appears to continue. If it is considered a necessary part of training, we will have a problem when someone brings a case to court because he could argue this should not be the case.

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