Seanad debates

Wednesday, 6 July 2011

Defence (Amendment) Bill 2011: Second Stage

 

1:00 pm

Photo of Paul CoghlanPaul Coghlan (Fine Gael)

The Minister has been with us on many occasions and is probably spending as much time here as in the Dáil. This is his first time here in his capacity as Minister for Defence, however, and he is, therefore, particularly welcome.

Unlike my colleague opposite, I like the thrust of the Bill because it opens up matters and provides for the expansion of candidature for the posts of military judge and director of military prosecutions to persons other than members of the Defence Forces. As the Minister stated, we may not always have military candidates who are properly qualified to fulfil the obligations of these roles.

I like the provision whereby the Minister for Defence can consult the Minister for Justice and Law Reform - himself in this instance - in order to request the President of the Circuit Court to appoint a Circuit Court judge to serve in certain circumstances. These circumstances include a conflict of interest based on an appointee's previous involvement with aspects of a case to be heard, the illness of the military judge, and the lack of a military judge at a given time. We should also consider the other reasons outlined by the Minister. The Minister outlined very well the role and outstanding service to the State of the Defence Forces down through the years. They have served the State very well and we all accept that. They comprise fundamental pillars of our democratic society. As the Minister stated, discipline is an essential part of military life. For all these reasons, this Bill is timely.

With regard to the serious points raised by Senator O'Donovan, I have every confidence that the Minister will deal with them adequately when responding to the debate. Competition is essential when making appointments to posts.

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