Dáil debates

Tuesday, 3 April 2007

Defence (Amendment) (No. 2) Bill 2006 [Seanad]: Report and Final Stages

 

9:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)

There is no doubt it would be useful to include an enabling provision in the legislation to allow for the review of legislation of this nature. The entire thrust of the legislation is to democratise and humanise existing structures in terms of dealing with courts martial. Reference should be made to best practice in terms of Irish and European law and in respect of human rights and the various principles of natural justice.

It is only as time goes on and the legislation is in operation that one will discover whether it has fulfilled the purpose for which it was intended. I take on board the Minister's statement that other legislation is forthcoming. I understood that legislation would be phased in quickly, however, in the next several months, and would not have a review mechanism. This amendment refers to a longer period, operating over several years.

As a compromise, when the Ministers brings forward the second part of the set of proposals about which he has spoken, he might consider building in such a review mechanism. That would offer reassurance that the procedures set in place today will be statutorily reviewed in due course.

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