Seanad debates

Friday, 8 July 2011

Defence (Amendment) Bill 2011: Report and Final Stages

 

1:00 pm

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)

I am not sure if I am much the wiser. According to an old Latin maxim, he who comes into equity should come with clean hands. After much foot dragging the Minister has eventually outlined issues he should have placed in the public domain in his Second Stage speech. Three important issues have arisen. A letter from the Chief State Solicitor has come to light. We also have the legal opinion by RACO which is most unusual and the correspondence between the legal service of the Defence Forces and the Department, which I placed before the House.

I have not, at any time, made comment of a derogatory nature about the individual in question. On 28 July 2010, the press office of the Defence Forces issued a statement expressing disappointment when it was patently obvious at all stages that the individual in question was not eligible for the position. While the Minister has not explicitly admitted that is the case, this is what it boils down to.

The Minister referred to widening the pool. If what he says is correct and no one else was eligible for the position, the interview board had only one person to deal with in respect of the appointment. That is an unusual position.

The Minister also muddied the water regarding the 22 military cases that remain outstanding. He informed the House that a military judge is sitting and is due to retire in September. Has the military judge heard any cases in the past 12 months? I do not even know the identity of the current military judge.

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