Alan Shatter (Dublin South, Fine Gael)

I would be very interested in knowing where the eight years originates from. Why is it not seven? Why is it not nine? Why is it eight? Why should it be eight when the Senator and I know and Senator Mullen knows that for an appointment to the District Court one has to be in practice for a minimum period of ten years? Why eight? In circumstances where a decision of a military judge can terminate someone's career in the armed forces, can make a decision which results in their disgrace and can make a decision which results in their incarceration why should someone of less experience be appointed to that role than a district judge who may impose a fine for speeding at 5 km per hour more than the speed limit prescribes?

The decisions this judge makes are particularly serious. We will come to a later amendment but it is worth dealing with its relevance to this. Who are the group who are going to make the decision when there is a new competition? Who makes that decision, essentially? Well, the decision is made by the Judge Advocate General who is an independent legal official entirely independent of the Department of Defence, the Chief of Staff who has his own statutory position and a judge of the High Court nominated to participate. One could not have three more independent individuals over whom neither myself as Minister has or should have any control in determining who should be appointed and nor has the Department of Defence at official level.

The Senator made accusations of bad faith in relation to this particular legislation because that is a summary of what he is saying. I could not as Minister allow the current situation to continue. The Senator has suggested that within the existing legislation there could have been some temporary appointment that could be made of an individual to determine the outstanding 22 cases. In the context of the military tribunal, 22 cases are a lot of cases. In the context of individuals facing court martial with a sword of Damocles hanging over their heads is a cause of great concern-----