Paul Coghlan (Fine Gael)

Yes. I would not want to see a closed shop or any restrictive practices creeping in. This would be a considerably retrograde step.

As the Minister outlined, the Defence Forces have rightly earned the respect and regard of the people over the years. Around the world, Irish military personnel are widely admired for their outstanding commitment and professionalism. They are highly trained and well equipped. Our military personnel have consistently shown the highest standards of courage and discipline in responding to the call of duty. From time to time, members of the Defence Forces are asked to undertake dangerous and difficult missions, in Ireland or when engaged in peace support or humanitarian missions abroad. The Minister has outlined several of these.

The ability of the Defence Forces to continue to maintain the high standard demanded of them requires complete clarity with regard to the exercise of command authority, be it at home or abroad. For challenges and dangerous missions to succeed, the chain of command must be clear and unambiguous at all times. This is critical to the maintenance of unit cohesion and operational effectiveness.

Discipline is the essence of a military force. Commanding officers are responsible for discipline within their units. They exercise authority primarily through leadership and by inspiring the confidence, loyalty and trust of their subordinates. Officers and non-commissioned officers receive a world-class military education that emphasises leadership, teamwork and a sense of responsibility for the welfare of the individual soldier. As a result of the high standard of discipline, offences are rare. We in these Houses have seen the result of the expert military education provided to the Defences Forces.

It is important that legislation in the defence area ensures that whatever system of justice applies to the Defence Forces is compatible with all human rights provisions, domestic and international. In this regard, it is important that the system of military justice be fair to all, including members of the Defence Forces who are charged and those who are charged with the Defence Forces' management system of upholding discipline. In addition, it is vital that all provisions be straightforward, fair and equitable for those involved in the process.

The Defence Forces must have the ultimate power to enforce discipline through their unique code of discipline in the military justice system. The disciplinary code must support operational effectiveness and be efficient and effective. Above all, it must be fair to the individual. The maintenance of discipline is an integral component of an efficient and effective military organisation. Expertise, experience, qualifications and independence must be recognised in the military justice system.

This Bill will allow the Defence Forces to continue their strong tradition of integrity and will help to support the maintenance of discipline among their ranks. A defence force strong on integrity is essential for the continued protection of the State. It is also of benefit in circumstances where Defence Forces personnel serve with and under the remit of international bodies.

Military law is a distinct legal system to which members of the Defence Forces are subject. Most countries have special additional laws and often a legal system applicable to members of the military. Military law deals with issues such as the procedures for military discipline, what constitutes a lawful command and obligations of service personnel. It is important that military law be kept in line with civilian law and developments therein. The openness and expansion referred to by the Minister are compatible with these concepts. The thrust of the legislation in this regard is correct and I am happy to support it.