Dáil debates

Wednesday, 13 July 2011

Defence (Amendment) Bill 2011 [Seanad]: Second Stage

 

1:00 pm

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick, Fine Gael)

I welcome the opportunity to contribute to the debate. I welcome the provision for the establishment of a director of military prosecutions and a military judge. It is good that both people will be practitioners in the area of law and also be officers in the Defence Forces.

The Minister referred to the changes that have confronted the Defence Forces. It is obvious that, in the past number of years, the threat from subversives has reduced but, nonetheless, there is a need to maintain a good level of numbers because of the unique position of Óglaigh na hÉireann, which is the only legitimate Irish Army. The Defence Forces should be property resourced while recognising that the threat to the State is not as great as it was. The changes that have been made, even by the previous Fianna Fáil Minister, Deputy Willie O'Dea in terms of up-skilling and improving the facilities and equipment that have been made available to the Defence Forces, are very welcome. The work of Deputy O'Dea, a Limerick man, must be acknowledged.

The Defence Forces are now providing a service and training officers from the Maltese defence forces. The Chief Whip might relay to the Minister for Defence that there is an opportunity for Ireland in terms of the capability of our cadet training schools to provide that level of service to other smaller European countries that do not have access to the training facilities we have.

Previous speakers alluded to the major challenges for the Department of Defence and every other Department. The Minister referred to improvements in the judicial area with regard to the provision of a new courtroom at McKee Barracks. Challenges will arise in respect of air and naval defences, particularly as the new challenge to the State may not come from political subversives but from those importing illegal narcotics. Last year, the Naval Service made a massive haul off the west coast. We are in difficult economic times but I implore the Minister for resources, which includes co-operation. Resources does not refer only to financial resources but to co-operation with our EU colleagues, particularly those with massive amounts of territorial waters like Ireland, in the exchange of information through Europol and countries' departments of defence. This applies to information on shipping movements of privately owned ships that move in and out of our territorial waters and using Ireland as a beachhead to import illegal drugs and arms into the EU. The role of the Defence Forces will be different in the future.

The Defence Forces have a proud history in defending the State, defending law and order and defending the private citizen. We need only consider the number of times the Defence Forces ordinance service has been called out in the recent past when pipe bombs were found on private property. Those engaged in gang war use pipe bombs to inflict their opinions on others. The Defence Forces have a role under the jurisdiction of An Garda Síochána.

I commend the Defence Forces for its work in Lebanon. It is fantastic that they can return to Lebanon with the acceptance of both sides. Ireland is not a country with a history of colonialism. We were colonised and we were victims in many cases, like other countries. Our peacekeepers are accepted around the world because of the history of this country, particularly its military history. The commitment of the Government to put the Defence Forces back in Lebanon is welcome. This legislation is a modernising Bill that allows the Defence Forces to conduct investigations and deal with proceedings within the organisation.

The previous speaker questioned why the Defence Forces need a separate judicial system. It is very obvious why a separate judicial system is needed because the Defence Forces are set apart from the civic authorities in many respects. They are the last line of defence upon which the civic authorities can call. It is essential that this independence, particularly at judicial level, results in the delivery of justice and the perception that it is fair and outside the chain of command. Two positions are being created under the Bill, the Director of Military Prosecutions and a military judge, and both are outside the chain of command. The Minister was explicit in stating the legislation is robust enough to ensure interference from rank-and-file members of the Defence Forces is limited.

I welcome this Bill and I wish the Minister and the Minister of State well. Challenging times lie ahead. Reference was made to the reduced number of members of the Defence Forces. We are living in different economic times and our Defence Forces will be smaller, our public service will be smaller and expenditure on everything must be smaller. We must do much more with much less. This involves the co-operation of all elements of the public service, including the Garda Síochána, and interstate co-operation with our sister countries in the European Union. This will be essential in the formation of a new mechanism of protecting the sovereignty and territorial borders of the State.

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