Mattie McGrath (Tipperary South, Independent)

I am pleased to have an opportunity to contribute to this debate. The purpose of military law is the maintenance of good order and discipline within the Defence Forces. Matters arising in a military force should be investigated swiftly and be seen to uphold military law in a fair and transparent manner. The principal role of the Defence Forces is to defend national security. In carrying out that duty, a soldier may be called on to put his or her life on the line or to entrust his or her life to fellow soldiers. Obedience to commands is integral to a soldier's existence. Therefore, the maintenance of good order and discipline is a key element of army life. Nobody would question that.

I take this opportunity to voice my great respect and regard for Óglaigh na hÉireann since its formation. As well as the important duties it carries out within the State, it has played its part in world affairs through its many overseas missions, which have earned its members the respect of world leaders and opposing factions. Soldiers who engage in overseas missions do so from a sense of duty to the tricolour, serving Ireland with dignity and decorum. They have earned huge respect.

The key goal of the White Papers on Defence was to ensure the existence of a modern and sustainable Defence Forces with the capacity and flexibility to undertake all roles assigned by the Government. One of the key policy decisions was the reduction in size of the force. As other speakers observed, that rationalisation has been carried out and we have had barracks closures throughout the State. For the future security of the State, it is now time to bring that downsizing to an end. The Defence Forces cannot operate without adequate numbers. We can introduce all the rules and procedures we like, but if there is not a sustainable and adequate presence in the forces, members' self-esteem will suffer and we will not have an organisation of which they and we can be proud.

The Department of Defence has stated that under the process of reform set out in the 2000 White Paper, the defence organisation has been downsized and transformed into a more effective force which costs less in real terms. We are told that this has delivered significant savings to the Exchequer and that the modernisation programme is unique to the public sector as it has been funded by cuts and closures within the organisation itself. I wonder whether the views of the Representative Association of Commissioned Officers, RACO, and the Permanent Defence Forces Other Ranks Representative Association, PDFORRA, were heeded in this process. It is easy to downsize the Army because members have nobody to speak for them, with PDFORRA and RACO being relatively new bodies which do not enjoy the same status as regular representative organisations. I am concerned that this process is being set up as a model of reform without due consideration to the type of service members of the Defence Forces give. Soldiers must obey orders at all times and cannot take to the streets to protest at aspects of their employment conditions.

The establishment of a new summary court martial and the changes regarding the appointment of military judges and so on are generally welcome. However, I am concerned that we might be legislating for a minority situation, which is never a good approach. Rather, we must legislate for the greater good of the entire force. As I said, both White Papers on defence, in 2000 and 2007, set out meaningful objectives, many of which have been achieved, but it is vital that the professionalism of the Army is maintained. Its strength has been reduced to approximately 10,000 and we cannot blindfold its members and tie their hands behind their back. If we want a professional organisation, we must supply soldiers with the tools of the trade. One of these tools is the dignity of knowing they are secure in their future and will not be shifted from one location to another willy-nilly. These people have families and children and need to know with some degree of security what is around the corner. Members of the armed forces wish to serve their country and its people. Greater recognition must be afforded to PDFORRA and RACO and they must be given some role in the decisions that affect their lives, rather than reading about them in newspaper headlines and Government statements.

I understand approximately a dozen members of the Defence Forces are awaiting court martial. I am a strong believer that justice delayed is justice denied. Problems have arisen in this regard in the civil courts, with some cases in the Circuit Court taking six or seven years to process. Allowing members of the Judiciary in the civil court system to be appointed to the military justice system might make these delays in the civil system worse, given the moratorium on recruitment that is in place. I am not saying that we must protect the civil judicial system at the expense of the military judicial system; I am saying that the entire courts system, civil and military, requires radical reform. It is farcical and unsustainable that we have such lengthy delays in Circuit Court cases.

I took it upon myself in the last Dáil to coax - "insist" is the wrong word - the previous Ministers for Defence, Deputy Willie O'Dea and Mr. Tony Killeen, to visit the excellent facility that is Kickham Barracks in Clonmel so they could see for themselves what is being done there and the discipline, character and professionalism of the soldiers serving there. Like Deputy Seamus Healy, I pay humble tribute to the officers from top to bottom in Clonmel who have given vital service over the years. On the various occasions of flooding in the town in recent years they are always first on hand to assist the public and the civil authorities with transport and so on. Design engineers and consultants are studying how to prevent the flooding in the town, which has arisen to a great extent as a consequence of poor planning decisions. The use of the Army has been factored into their plans to maintain the flood defences. Some €25 million has been spent and an important part of this is the temporary erection of flood defences on top of the walls. Without the assistance of Army personnel it would not be possible to do this in the necessary timeframe.

The Army has made an enormous contribution to the economy of the town and to its cultural life, as well as to various sports including boxing. I join Deputy Seamus Healy in complimenting retired officers Billy Keane and Martin Fennessy in this regard. Their efforts have brought great accolades to members of the Defence Forces and to members of the community. It is vital that Defence Forces members throughout the State are offered reassurance and a greater degree of security. There is concern in Clonmel that the facility will be amalgamated into the Limerick region. Will it be a case of a stroke of the pen and all the soldiers will be gone from Clonmel? The service they provide is invaluable and it is a fabulous facility. Last year a parish field day was held in the barracks and local people had a chance to see what the Army does and the gratitude owing to its members.

I am in broad agreement with the principle of the Bill. However, the proposal to allow individuals who are not members of the Permanent Defence Force to be appointed as director of military prosecutions and as military judges is fine in theory, but we must always bear in mind past experience. In recent times the Minister has had his own difficulties with the Judiciary and should be careful of holding up the civil system as an example of best practice for the military. My main concern is that the Army has been slimmed down enough, if not too much, and must now be maintained at its current size. Members of the forces must be treated with dignity and respect so that they can perform their duties with confidence and self-esteem. In times of crisis the Army is the first port of call and its members always behave with dignity and decorum.

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