Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I propose to take Questions Nos. 64, 65, 71 and 90 together.

I thank the Deputies for their questions. As they are aware, the Defence Forces is a disciplined service with an extensive suite of regulations that govern all aspects of military life. The regulations have been used effectively to discharge personnel in cases where such personnel have received a conviction. Subject to the provisions of DFR A.10, paragraph 58(m), an enlisted person of the Permanent Defence Force may be discharged as a result of conviction by the civil power. This regulation refers to all convictions by a civil court of law. In a similar vein, there are provisions in the Defence Act and DFR A.15 to dismiss or retire an officer in these circumstances.

While there is no specific mechanism for suspension in the Defence Forces regulations, the Defence Forces have in the past used and continue to use other mechanisms including specific local leave arrangements which reflect the aim of suspension. Local leave is provided for in DFR A.11. It is essential that this provision is applied uniformly across the organisation. To that end, as already stated, with immediate effect, any serving member who has been convicted of sexual assault or rape and is awaiting discharge or trial is to be placed on local leave on a without-prejudice basis. This approach is in line with existing regulations.

I have appointed Peter Ward senior counsel to undertake a high-level analysis of the application of military law in circumstances where personnel have been convicted of serious offences in the civil courts. Mr. Ward will be asked to come back with an outcome of this high-level analysis along with any recommendations and any enhanced powers that may be necessary to improve processes, regulations, legislation and reporting arrangements. The terms of reference are almost finalised.

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