Denis O'Donovan (Fianna Fail)

I thank the Minister for acknowledging my bona fides and disinterest in this area. I also accept the Minister's bona fides, but somebody is leading somebody up the garden path. Perhaps the Minister has not been shown the full file on the matter either. Whatever about the matter of seven years last year, I was not aware of this Bill. Even if it was there, I had no interest until a few days ago. I did not speak on it to the best of my knowledge because I do not believe it came before this House last year. The Minister should not throw in red herrings. The blame lies with the Department.

The Minister has gone on about eight years and ten years. Last year on the advice of the Department, a particular individual, who did not have one day's experience in any court, was recommended and was basically sworn in. Let us get the facts clear here - he had not one day. A perusal of the CV on the www.military.ie website shows him as having no legal appointment and was not involved in any way in the legal services over the particular year. The Minister's predecessor, Mr. Killeen, who has now left politics, did not proceed because he was under threat. There was legal action. The Minister has admitted today that letters came to the Department about this person being ineligible. So Mr. Killeen, with the threat of possible legal action and on the advice of senior people in the Department, stood back from this. Perhaps he should have taken action.

The Minister now finds himself in this position and I accept his bona fides. Supporting what Senator Mullen said, it is very difficult to get away from the fact that a favoured person within the Department was on the verge of being appointed, but could not be appointed under the existing legislation because he or she was ineligible. Now that person may reap the rewards of this new legislation.

Perhaps naively, I proposed a reduction of the requirement from ten years to eight years to facilitate a greater number of people. I have no problem with the proposal to widen the net to include people outside the area. However, I want to ensure the Minister and the senior people in the Department know that I have no particular person in mind for this job. The bulk of my information came from somebody who is no longer in military service, but I have taken an interest. We are introducing legislation on whistleblowers and there is deep concern among military personnel, including people who have served abroad. Some people would turn in their graves if they knew what was going on. Let us call a spade a spade and let us not dress mutton up as lamb. While I accept the Minister's bona fides in what he is trying to do, there is a history here which has not been outlined to us clearly. I believe the failed appointment, so to speak, of this individual has caused serious embarrassment at the top level in the Department and needs to be put in the public domain. As the Minister has said, there was a threat of legal action. The person involved sought legal opinion when he thought he might not be appointed. I accept that legal opinion might not be available to the Minister or the Department, but he did not seek that for the sake of spending a few extra bob.

There is a serious agenda by somebody in the Department of Defence to get this person appointed to a particular position and I am not convinced that the Minister knows the full facts. Perhaps he should ascertain them before Report Stage tomorrow evening because I will have another letter, which might create embarrassment for somebody here or somebody in the Department, indicating that there is considerably more beneath the surface. In one sense I am being denigrated here for proposing to reduce the requirement from ten years to eight years and it is implied that I am trying to facilitate someone. I put up my hands and say in good faith that I am not. Most people who have served with me in the Oireachtas over 17 years know that I do not play political ball. However, when I come across something of importance, I want to air it.

Last year the Department indicated that this matter needed to be resolved but in favour of A, not to widen the circumstances. That person did not have one day of legal practice in any court, civil, criminal or military. All is not what it may seem and I am not convinced. I accept the Minister's bona fides that he is trying to resolve this problem. I also accept what has been said about the 22 outstanding cases. Some of these are on appeal and are of a technical nature. Many of those could be disposed of in one or two weeks. One must also question appointing a Circuit Court judge or somebody of that capacity permanently to the military court. Military courts do not have the day-to-day backlog that District Courts have. I know that the District Court judge in my area sometimes sits until 6 p.m. or 7 p.m. There are backlogs in the Circuit Courts, Central Criminal Court and all the way up the system despite extra judges having been appointed. By in large, and I am subject to correction on this, in any given year a military judge will deal with perhaps 15 or 20 cases, some of which are of a minor nature.

I have no agenda and I appreciate that the Minister accepts my bona fides.

I do not have anybody in mind for this job but I reckon that in terms of transparency the truth must out. Do I sleep? Do I dream? Do I wonder and doubt? Are things what they seem or are there visions about? There is something beneath the surface that has not emerged yet.