Pat Moylan (Fianna Fail)

I welcome the Minister for Defence, Deputy O'Dea, and his officials to the House. I thank the Minister and the Government for bringing this important legislation before the Seanad for its first reading. This demonstrates the importance of Seanad Éireann and I hope this Bill receives the approval of the House.

The Defence Forces represent a major and important pillar of the State. The Naval Service, the Army and the Air Corps all have roles to play, both domestically and in the global arena. All Members are aware of the Naval Service's recent involvement in the operations in Dunmore East and Mine Head and its outstanding work in that area in the course of a major tragedy. It is frequently involved in assisting the Garda and in thwarting drugs smuggling and the protection of Irish waters. The Air Corps is regularly called out to assist in search and rescue operations, as well as its day-to-day duties, including maritime surveillance, the operation of the air ambulance and ministerial transport. Members recognise how the Army has come to the aid of civilians during recent major flooding problems and has been involved in assisting the Garda in efforts to halt serious gun crime in certain localities. Internationally, the Defence Forces have taken part in missions throughout the globe and have been involved in peacekeeping, crisis management, and humanitarian relief operations in support of the United Nations for many years.

The Defence Forces constitute a massive asset to the State and the Defence (Amendment) (No. 2) Bill 2006 reflects the changing nature and development of the armed forces. The proposed legislation seeks to marry the unique nature of military operations and military justice with a clearer and fairer system for handing down sentences. In turn, this will make our armed forces more efficient, more capable and better equipped to meet the needs of a changing Ireland and a changing world.

There have been many recent instances of military justice being tested internationally, including the US army's operations in Iraq, the Deepcut bullying scandal within the British army and even allegations of UN peacekeepers abusing local populations they were sent to protect. Such examples demonstrate clearly the need to have a solid and effective disciplinary system in place. The aforementioned scandals have adversely affected the image and integrity of the respective armed forces, which in turn has led to a serious lack of credibility and trust in their ability to function. While I hope sincerely that the Irish military will never be embroiled in such scandal, it is imperative that the Irish armed forces should be in a position to act decisively to punish any wrongdoers and to so do swiftly.

As we embark on the 21st century, disciplinary procedures and processes of the Defence Forces require comprehensive examination and review in order that they reflect the values and strength of the State and of the forces themselves. This legislation, which will amend and extend the Defence Acts 1954 to the present, represents a significant stepping stone in the modernisation of the Irish forces. It will allow the implementation of markedly more streamlined disciplinary procedures while enhancing the ability of the forces to function as successfully in future as they have done heretofore.

The maintenance of discipline is an integral component of an efficient and effective military organisation. This Bill will improve the military prosecution services by overhauling radically many of the procedures involved in punishing offences against military law. The Bill seeks to develop the independence, administrative efficiency and transparency of military investigations and prosecutions. The Bill will also widen the options open to the servicemen and women who face trial or who have committed offences. For example, it will allow them legal representation or advice before making a decision. The need for fairness in the provision of justice is as important in the military, as in the civilian, sphere. This legislation should be welcomed as an opportunity to put in place a modern process that couples humanitarian needs with the requirements of the military. In the civilian sphere, both the Government and the President will be involved in the appointment of officers and judges, who will be subject to review in the same manner as would a civil judge.

The Bill seeks to establish greater independence in disciplinary procedures through the establishment of a military prosecuting authority to be known as the director of military prosecutions. Staffed by qualified officers, it will decide on issues relating to prosecutions before courts martial take place in much the same manner as does the Director of Public Prosecutions in civil society. An independent military judicial authority will be also established which will include one or more military judges with relevant legal qualifications. The Minister for Defence shall appoint an officer of the Permanent Defence Force. This recommendation will be made on the basis of a committee established to identify and assess the suitability of officers to the appointment.

The Attorney General, the Director of Public Prosecutions and the director of military prosecutions will consult from time to time on matters pertaining to functions of the director of military prosecutions. On the recommendation of the Minister, the President will appoint as a military judge an officer of the Permanent Defence Force who is a practising barrister or solicitor of at least ten years' standing.

Expertise, experience, qualifications and independence must be recognised in the system of justice. These proposed measures and safeguards will go a long way to ensure success. A court martial administrator will be appointed to manage and control the business of prosecutions. This will improve administration in military judicial systems. The process will be quicker and more effective through referring matters for trial by summary court martial and selecting members of the court martial boards.

The standing court martial will deal with less serious cases remanded for trial, thus reducing the need for many offences to proceed beyond the initial stage. A court martial will make findings on the facts but will have no role in sentencing. Greater efficiency will mean quicker processing and greater clarity and transparency. This will benefit all members of the Defence Forces and will mean fewer delays in the military judicial system.

Not only will this legislation revise disciplinary procedures from the top down, it will also enhance the options of the accused servicemen and servicewomen. The system will resemble more the legal system existing in civil society. A list of offences which can be dealt with without the need for court martial will be drawn up and certain offences will warrant certain statutory punishments. However, the accused will be given the right to choose to be tried by court martial if he or she so wishes.

Also included in the Bill is the right to appeal a sentence handed down by the court martial. Those provisions closely mirror civil legislation where a person has the right to elect to plead his or her innocence to a judge or accept the punishment on the spot and where a citizen can appeal the decision of the court.

The Bill proposes to adjust the scale of many punishments at court martial. While investigations are being carried out a commanding officer will no longer be empowered to award detention and confirming authority will no longer be needed to confirm the findings and sentence of a court martial.

The Bill will make it easier to transfer personnel between service corps. Currently, personnel who have served more than ten years in one service corps can only be transferred to another in particular circumstances. These stipulations will be amended to provide greater flexibility in movement of personnel and resources, which must be welcomed.

This Bill will strengthen our armed forces and make them a more balanced and responsive organisation. The need for effective organs of justice in the armed forces are just as pressing as the need for justice in civil society. Although norms and conventions exist which are unique to the Defence Forces, the need to reform them and provide for present and future generations of servicemen and servicewomen is as pressing in today's environment as it was when the Defence Forces were established.

This Bill will allow the Defence Forces continue their strong tradition of integrity and honesty in the face of danger and will allow for greater discipline among the ranks. I foresee this as being of benefit to the continued protection of the Irish State and in the service of the other international bodies under whose colours our men and women proudly serve.

I compliment the Minister, his staff and all Defence Forces personnel for their outstanding contribution to the State. I am delighted the Minister outlined that RACO and PDFORRA were fully briefed on the Bill. I commend the Bill to the House and I hope it gets a speedy passage.