Seanad debates

Wednesday, 6 July 2011

Defence (Amendment) Bill 2011: Second Stage (Resumed)

 

1:00 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)

This legislation derives from when I entered the Department of Defence and inquired about what was happening with regard to the military tribunal, why we had paralysis, why cases were not being processed, the extent of the problem and why it had not been addressed. The legislation derives from nothing else despite the view others may wish to take. I made inquiries into this matter and I was advised there had been a competition for the appointment of a military judge. Those engaged in the competition had difficulty in ascertaining whether an individual fell within the qualification for appointment. Since that time, everything has been in a state of paralysis. That is where the issue remains and that is why we currently have no military judge, no military tribunal, no cases being processed and a situation that is seriously inimical to the Defence Forces. It does no good for the reputation of this State and I was determined to address it. The procedures provided for will require a new competition to determine who should be appointed as a military judge. There will be a competition and individuals seeking the position will be dealt with independently. There was a suggestion that the Minister appoints the committee and controls it. I cannot remember whether it was Senator O'Donovan or Senator Byrne but one endorsed the other.

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