Willie O'Dea (Limerick East, Fianna Fail)

Under the proposed provisions of the Bill the director of military prosecutions alone will prefer the charges under military law. A charge would be laid as the director of military prosecutions versus the accused. I am advised by the Parliamentary Counsel that it is not necessary, therefore, to make the amendment as proposed and I will explain the reason. In ordinary offences on indictment the Constitution provides that they are to be prosecuted by the Attorney General at the suit of the people. There are two parties to the prosecution, the Attorney General and the people. The powers of the Attorney General in prosecutions was transferred to the DPP by the Prosecution of Offences Act 1974. Therefore, there are two parties, the DPP v. the people. However, as we are doing here there is only one prosecuting party, the director of military prosecutions. Therefore, the charge will be the director of military prosecutions versus the accused.

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