Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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1. To ask the Minister for Defence when the Chief of Staff of the Defence Forces will sign off on a military court of inquiry into the crash of an Air Corps aircraft in County Galway on 12 October 2009; and if he will make a statement on the matter. [26111/14]

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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2. To ask the Minister for Defence if he will provide an update on the case of a person (details supplied); if he is planning to meet the family; and if he will make a statement on the matter. [26145/14]

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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On 12 October 2009, a tragic air accident occurred over County Galway resulting in the loss of the lives of two personnel on board a Pilatus PC-9, Captain Furniss and Cadet Jevens. There was subsequently a military court of inquiry into this incident. When will that court of inquiry report be finalised?

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Am I correct that Questions Nos. 1 and 2 are being taken together?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Yes. In future, each question will be taken separately, as agreed by the Committee on Procedure and Privileges.

Paul Kehoe (Wexford, Fine Gael)
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There was a misunderstanding when the questions were submitted. Would Deputy Mac Lochlainn like to put his question?

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Yes. It is on the same issue.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am sorry, that is the problem. Only the Deputy in whose name the first question was submitted can put a question.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Will we get the same time allocation?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Yes.

Paul Kehoe (Wexford, Fine Gael)
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I propose to take Questions Nos. 1 and 2 together and apologise for the misunderstanding.

There have been three separate reports into this tragic accident. The air accident investigation unit of the Department of Transport, Tourism and Sport conducted an inquiry and published its report on 24 January 2012. A coroner’s inquest was held in May 2012 into the deaths of the two crew members. The third investigation was a military court of inquiry which was convened on 26 July 2012 and produced its report on 17 January 2013. The findings of the court of inquiry are consistent with earlier investigations held by the air accident investigation unit and the coroner’s inquest, namely, that the probable cause of the accident was the spatial disorientation of the instructor who was piloting the aircraft in conditions of poor visibility at the time. It is agreed in all of the reports that the cadet bore no responsibility of any kind for the accident. As the convening authority, the Chief of Staff has indicated that he is in agreement with the proceedings and findings of the court of inquiry and that it complied with the terms of reference set.

Defence Forces regulations provide for military courts of inquiry. A court of inquiry may be convened to investigate any issue affecting military personnel, equipment or property which a convening authority considers necessary to have investigated. The primary duty and responsibility of a court of inquiry is to ascertain the truth concerning the matter under investigation. The members of a court of inquiry shall be held responsible for failing to report any irregularity coming to their notice in the course of their investigations. The findings and recommendations of all courts of inquiry are confidential, in accordance with Defence Forces regulations. The Minister has discretion to direct that the full court of inquiry report be made available to interested parties. In this instance, the former Minister for Defence, Deputy Shatter, provided the families with a copy of the report of the court of inquiry. The Chief of Staff, in the context of the report of the court of inquiry and in accordance with the provisions of Defence Forces regulations, can add any comments, criticisms or other remarks which, in his or her opinion, are relevant to the matter under investigation.

The former Minister for Defence received a series of correspondence from the family in which allegations were made in respect of a wide range of issues to do with this tragic accident, including the conduct of the court of inquiry. Legal advice was sought from the Attorney General, and the former Minister, Deputy Shatter, having considered the matters in the context of that legal advice, was satisfied that further investigation into any issues relating to this tragic accident was not warranted.

The family was informed accordingly. I have met the family on a number of occasions, as they are from my constituency. The previous Minister and officials from the Department also met the family to afford them the opportunity to discuss their concerns.

At the most recent meeting between the family and both the Secretary General and the Chief of Staff on 6 June last, an approach to address concerns raised by the family was discussed. This matter is currently being progressed following the meeting. In this context the Taoiseach, in his role as Minister for Defence, has not arranged to meet the family.

I would like to once again extend my sympathies to the families of the deceased.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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I thank the Minister of State for his reply and I acknowledge his deep personal interest in this matter. He will be aware that the Jevens family has grave concerns about a multiplicity of matters surrounding the court of inquiry. They understand it was the third of three inquiries held into the accident but in numerous correspondences, they raised serious issues relating to what they see, and which appear to be, significant breaches of military regulation. However, my clear understanding from them is that when they last met the Chief of Staff and the Secretary General of the Department in recent weeks, they were given an undertaking that the court of inquiry report, which they had previously understood to have been signed off on by the previous Chief of Staff but which had not been, would be the subject of an addendum by the current Chief of Staff that would take into account concerns the family had about evidence given by a civilian witness and a then serving member of the Defence Forces.

Paul Kehoe (Wexford, Fine Gael)
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The Deputy has taken an interest in this tragic case and no one likes to see anyone going through the stress this family is experiencing. It is important to note that the court of inquiry is not being reopened, a point made to the Jevens family and confirmed by the previous Minister following legal advice that there had been there separate investigations into this tragic accident and that a further investigation was not warranted. That remains the case and has been communicated to the family. The Chief of Staff in the context of the court of inquiry, and in accordance with provisions in Defence Forces regulations, can add any comments, criticisms or other remarks which in his opinion are relevant to the matter under investigation. This matter is being progressed and will be communicated to the relevant parties in due course.

The Deputy stated the family was told by an official that the court of inquiry report had been signed off. While the inquiry had been completed, it was not signed off on because the family had submitted correspondence raising issues regarding the court of inquiry. That is the reason the previous Chief of Staff did not sign off on the report.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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The Minister of State is familiar with the case and he has met the family, who are constituents of his, on a number of occasions. He must be aware that there are serious concerns about a number of the contributions to the court of inquiry and there will have to be an addendum to the report with amendments. The record has to be corrected and that is the very least the family can expect. It is also my understanding that the Information Commissioner has agreed that the documentation withheld by the Chief of Staff from the inquiry should be released. Will the Minister of State ensure his decision is not appealed by the Defence Forces? An eight week period is provided for before the documents are handed over. Will he allow that to happen as a demonstration of goodwill in this matter?

Paul Kehoe (Wexford, Fine Gael)
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On 6 June, the Secretary General and the Chief of Staff had a long meeting with the family. The findings and recommendations of all courts of inquiry are confidential in accordance with Defence Forces regulations. The family received a copy and the Minister has discretion to direct the full court of inquiry report to be made available to interested parties and, in this instance, the former Minister provided the family with a copy of the report. Following on from that, he received a series of correspondence from the family in which allegations were made in respect of a wide range of issues relating to the tragic accident, including the conduct of the court of inquiry. Legal advice had to be sought from the Attorney General and the former Minister, having considered the matters in the context of the advice, was satisfied that a further investigation was not warranted into any issue relating to the tragic accident. The family was informed accordingly. A number of meetings were then held with the family at which their concerns were discussed. The Deputy will appreciate, given the sensitivities involved in such circumstances and the requirement to obtain legal advice, that the matter has taken some time to progress.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Notwithstanding what the Minister of State has said, will he confirm that the Secretary General and the Chief of Staff stated to the family that an addendum would be attached to the report? Will he also confirm when the report will issue with the agreed addendum? This will satisfy the family to some extent in so far as it will put on the public record their concerns about the reputation of their son, which, as the Minister of State said, is and should be untarnished by any suggestion that he had any responsibility in respect of the accident. Can he make that crystal clear to the House? I pose the question, notwithstanding the fact the family has raised a number of other serious concerns about breaches of military protocol and military regulations which arose during this case.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Will the Minister of State also confirm, which he did not during the previous opportunity he was given, that the Information Commissioner has ruled that documents withheld by the previous Chief of Staff from the court of inquiry should be released and that the Department will not appeal the decision and will release the documents? This family has been through enough. It would be good to say that they will get the documents and, as Deputy Ó Fearghaíl said, that the addendum will be attached and the record will be corrected as necessary.

Paul Kehoe (Wexford, Fine Gael)
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I will correspond with the Deputy regarding that information if that is okay with him-----

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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That is okay.

Paul Kehoe (Wexford, Fine Gael)
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-----because there are significant complexities to the case. I have just taken over responsibilities in this area and, therefore, I will get back to the Deputy about his question in correspondence.

Deputy Ó Fearghaíl is correct that all reports agree that the cadet bore no responsibility for this accident and he is correct about the meeting between the family and the Secretary General and the Chief of Staff on 6 June. The Department and the military will be in contact with the Jevens family on the proposals made by both gentlemen.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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When?

Paul Kehoe (Wexford, Fine Gael)
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I can assure the Deputy that is progressing and that correspondence is on the way to the family.

It was my understanding that, following that meeting, the family was content with some of the commitments given by both the Secretary General of the Department and the Chief of Staff. Those are being progressed.