Alan Shatter (Dublin South, Fine Gael)

They are coming to terms with the exigencies of what is required. I apologise that the script is being delivered later than anticipated. I shall continue on sections 5 and 6 of the Bill, found in the latter part of the script.

Sections 5 and 6 provide that the committee established under section 184(K) of the Defence Act 1954 for the purposes of identifying candidates and informing the Government of the suitability of those candidates for appointment to judicial office, may determine a candidate's qualification for the post of military judge. As with the post of director of military prosecutions, the existing legislative provisions mean there is an extremely limited candidature from within which a person can be appointed as a military judge. In this regard sections 5 and 6 also provide an expansion of the potential candidature for appointment as a military judge to persons other than officers of the Permanent Defence Force.

Section 7 provides that the Minister for Defence, having consulted the Minster for Justice and Equality, may request the President of the Circuit Court to temporarily designate a Circuit Court judge to perform the functions of a military judge under certain circumstances. This would include circumstances where: no person has been appointed as military judge; a military judge appointed under the principal Act is ill, absent or otherwise unable to carry out his or her functions; and where a military judge cannot properly deal with a matter before him or her.

The current position is that if the military judge is absent for whatever reason the military justice system simply cannot not function. This is a serious lacuna in the current law. It is essential that the system is capable of functioning at all times and, by providing for circumstances where a temporarily designated Circuit Court judge can perform the functions of a military judge, I seek to ensure that this will be the case, the problem having been properly addressed.

Sections 2, 8, 9 and 10provide for amendments to section 2 of the Defence Act 1954, the Courts of Justice Act 1947, section 240 of the Defence Act 1954 and section 240(B) of the Defence Act 1954, respectively, consequent to the provisions of section 7.

Section 11provides for the Short Title, collective citation, construction and commencement of the Bill.

I also advise the House that on Committee Stage I intend to introduce amendments to the Courts-Martial Appeals Act 1983 to provide that a Circuit Court judge temporarily designated to perform the functions of a military judge under section 8 of the Bill may perform the functions designated to a military judge under the Courts-Martial Appeals Act 1983.

I am very pleased to submit this legislation for the consideration of the House. I firmly believe the changes to the Defence Acts 1954-2007 are both necessary and desirable in order to ensure that the military law justice system operates in a smooth, efficient and expeditious manner and continues to contribute significantly to the maintenance of discipline within the Defence Forces.

I look forward to hearing the views and contributions of Senators in their deliberations and reflections on the Bill and I commend the Bill to the House