Seanad debates

Wednesday, 14 December 2011

11:00 am

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

I raise with the Leader a matter he may bring to the attention of the Minister for Justice and Equality, who will be in the House this evening. I refer to the military judge issue on which I locked horns with the Minister last July. Members may recall that there was a huge debate in the House in which I was criticised, as was the previous Minister for Defence, Mr. Tony Killeen, for delaying the legislation. It is almost six months later, Members are in the run-up to the Christmas recess and I understand this appointment has not been made. I raise this question in a sensible fashion, because the Minister may be able to throw some light on the issue in the House this evening. I note several judicial appointments have been made since July. Second, the Minister told Members there was a huge backlog of issues concerning military courts martial and so on that had to be dealt with urgently. Since then, he has had the power to second a Circuit Court judge for three or four weeks to clear the backlog, if necessary, but apparently this has not been done. Does the Minister consider there to be a need for a military judge? I note the Defence Forces are dwindling and so many barracks now have been closed that one would hardly recognise the Defence Forces here. What is the entire cost to the State at present of a military judge in respect of the judge's pay, clerk, driver and so on?

During last July's debate, I suggested to the Minister that just as there is an Admiralty Division of the High Court to deal with seafaring matters, he could consider appointing a Circuit Court judge to engage partially in military work and partially in civil or criminal work, which would make a great deal of sense. Perhaps the Minister might have answers in this regard. Members had a tough and lengthy debate on the issue in this House. At the time, the Minister, his officials and some representatives from RACO might have thought I was ratcheting up the issue. It was far from that. I had good reasons for raising the matter and I am deeply concerned that almost six months later, this appointment has not been made. As the Minister is scheduled to be in this House this evening, he will have an opportunity to clarify the issue. I always try to be fair and reasonable. I offer this opportunity for the Minister to explain. If he is unable to do so this evening, he should return to the House in the new year to explain why the measure was bulldozed through this House as an item of urgency when, six months later, no appointment has been made.

Comments

No comments

Log in or join to post a public comment.