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

I propose to take Questions Nos. 67, 75 and 91 together.

I thank the Deputies for their questions. I can confirm there has been engagement with the Chief of Staff and we yesterday to discuss these very serious issues. Following a recent case, I was informed on Friday, 21 June of another case involving a member who is still serving after being convicted of assault causing harm. In light of this, I immediately requested a report from the Chief of Staff to find out how many serving members of the Defence Forces have civil convictions or are before the civil courts on serious criminal offences. I received an initial report on this matter. I was not quite satisfied with the first report and sought a more detailed version and further clarification. On Wednesday last, I was informed of 68 Defence Forces personnel who have been convicted or are currently before the civil courts on a range of criminal offences including public order, drink-driving, drugs offences, physical assault, sexual offences and others.

Recent events are, without doubt, extremely concerning and unacceptable. As already stated, I have issued an instruction that, with immediate effect, all serving personnel, either convicted of sexual assault or rape and awaiting discharge or currently before the courts for such offences, are to be put on local leave on a without prejudice basis. There are provisions in the regulations to allow for this. It is essential that due process in these serious cases is followed on a consistent basis across the organisation. I have a concern this has not been happening, and I discussed this with the Chief of Staff and made that point clearly.

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, regulation, legislation and reporting arrangements. The terms of reference are nearly finalised.

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