Seán Ó Fearghaíl (Kildare South, Fianna Fail)

I welcome the opportunity to contribute to this short but important Bill that will amend and update the Defence Acts' provisions for disciplinary procedures applicable to the Defence Forces. As someone who represents a constituency with a large Defence Forces presence, I join colleagues on all sides of the House in congratulating them on the outstanding role they have played in international peacekeeping and wish those currently involved in overseas missions every success.

As a fundamental pillar of a democratic society, the Defence Forces are a huge influence on the country. Having volunteered to serve the State, Defence Forces personnel must undertake to obey all lawful orders issued to them and to submit to the code of discipline applicable to all those who serve in the force. The provisions of this Bill will serve as a safeguard against any deviation in this regard.

The professionalism of our Defence Forces has long been acknowledged internationally. Their work in the world's trouble spots, from the Lebanon to the Congo and from Cyprus to Liberia, has been widely complimented and respected. This service often involves dangerous and difficult work on our behalf and on behalf of the wider international community.

This work is now being undertaken with the benefit of improved training, equipment and facilities. This Government has put unprecedented funding into all areas of the Defence Forces, including, if I may be parochial, the commitment of €85 million to the Curragh, for which the Minister and the Government must be complimented. For many years the lack of investment in facilities such as the Curragh led to difficulties in maintaining the professional standards required for a modern military service. However, with this significant investment there is no doubt as to the strength of the Defence Forces into the future.

An important part of the operation of any military service is a strong code of discipline. The Bill brings up to date the provisions of Part V of the Defence Acts. It also provides for new procedures, scope, structures, punishment and appeal processes in the forces. Central is the establishment of an independent military prosecuting authority, the appointment of the court martial administrator and significant changes in the establishment and operation of courts martial. These changes will ensure that Ireland will be fully compliant with military law in other jurisdictions and in particular that Irish law will be fully compliant with European and Irish human rights provisions.

It is most important to have a disciplined and effective force so that the public can have full confidence in it. In a modern society the operation of a military force is dependent on persuasion and motivation rather than orders and instructions, which were relied upon in the past. The establishment of PDFORRA and RACO in the early 1990s has proved very successful in this regard despite the many prophets of doom who commented on their inception at the time.

Discipline, however, is central to the operation of any army. This discipline must be carried out by officers displaying competence and trustworthiness, thereby building the confidence, loyalty and trust of the personnel at their disposal. In the case of the Defence Forces, the training given to our officers and non-commissioned officers is of the highest standard. This training concentrates on leadership, teamwork and co-operation, and places the emphasis on the welfare of each individual. As a result we have Defence Forces that are a credit to our democracy where it is a rarity to hear of any indiscipline. However, the ultimate power of discipline must rest with the Defence Forces, and be transparent and fair to the individual involved.

The fairness implied is underpinned by development in Irish and European law principally in the area of human rights law and Irish case law relating to the courts martial appeal court. The European Convention on Human Rights, which is now fully incorporated into Irish law, requires every organ of the State to operate in a manner compatible with that convention. I am aware that interim measures have been in place for the past two years relating to the investigation of offences and the conduct of courts martial under the existing Defence Act. The Government is to be complimented on bringing these human rights protections to a full statutory basis. These measures will now meet or in many cases exceed the requirement of international best practice in the area of military legal proceedings. Measures of a high standard will be available to our highly efficient and loyal Defence Forces.

The Bill contains a number of changes to the language and terms used in the earlier Acts, reflecting a more modern approach to operation of military legal and disciplinary functions. In this modern era that a significant number of our Defence Forces personnel are female means that protection — particularly in the areas of bullying and sexual harassment, as mentioned by other Members — must be robust and stringent. Clearly when earlier Defence Acts going back to 1954 were enacted, female participation in our military was not a factor. I welcome the enhanced protection offered to all personnel, particularly female personnel. An ongoing challenge for the Defence Forces is to recruit even greater numbers of women into their ranks.

I welcome the changes in time limits for bringing prosecutions, particularly those of a serious nature. The time limit will now be six years rather than the existing three years, while the limit for a person who has left the Defence Forces has been extended from three months to six months, which will ensure greater transparency and fairness. At the same time the time limit for minor disciplinary offences is reduced from three years to one year. I commend the Minister on this reasonable and logical change.

The Bill succeeds in pulling together a number of strands in the area of military discipline and law enforcement. It makes the military law and justice system more efficient and fairer to the individual. It helps to maintain a proper code of discipline across the Defence Forces and it updates existing laws to ensure their compatibility with the Constitution and human rights legislation. The Bill complements the establishment of the Office of the Ombudsman for the Defence Forces, which was introduced by the present Minister for Defence. The ombudsman operates as a final point of appeal in any redress sought by a member of the Defence Forces. Ms Paulyn Marrinan-Quinn SC was appointed as Ireland's first Ombudsman for the Defence Forces at the end of 2005. Ms Marrinan-Quinn brings to her role a wealth of experience, both in her training as a barrister and from her time as insurance ombudsman. The appointment of such an accomplished and experienced person gives weight to the position and confirms to all citizens — not just those now serving in the Defence Forces — the Government's strong commitment to the delivery of a fair and balanced set of disciplinary measures.

I am aware that the representative organisations are very supportive of the role of the ombudsman and this support is very important in the execution of the role. Their support is based on the clear impartiality of the office and I pay tribute to the role played by PDFORRA and RACO in its establishment. It is further strengthened by not having any Department of Defence or Civil Service personnel, allowing for even greater impartiality, if that were possible. The ombudsman may investigate any complaint by a member of the Defence Forces, not only concerning issues of bullying and harassment but also in cases where the action complained of was taken without proper authority, was based on erroneous or incomplete information or was based on incorrect administrative practice. Only in a limited number of areas, particularly regarding security matters, will the Minister continue to act as arbiter in such disputes. In the vast majority of cases the ombudsman will adjudicate. This is very much to the benefit of all members of the Defence Forces and I congratulate the Minister, Deputy O'Dea, and the Minister of State, Deputy Kitt, on completing this package of measures in this vital area.

The record of the Government will compare most favourably with its predecessors in its treatment of the Defence Forces. Major investment across the services has seen improved buildings and equipment, enhanced training, upgraded living accommodation, and better pay and conditions across the ranks. As I was coming to the House this morning, I thought back to 1989 and the era of the Army wives campaign. Clearly significant progress has been made since that particularly tragic period. This record of achievement will stand the test of time and give this democracy world-class Defence Forces of which we can all rightly be proud. Great credit is due to the Minister and his predecessor, Deputy Michael Smith, for their commitment to delivering changes in such a short time.

I am grateful to have had the opportunity to contribute to this important debate. The Bill when enacted will play a very important role in maintaining unity and discipline in our Defence Forces as well as supporting the human rights of our personnel. I have no hesitation in joining other Members in commending it to the House.

See this speech in context