Seanad debates

Wednesday, 22 June 2022

Defence Forces (Evidence) Bill 2019: Second Stage

 

10:00 am

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

Yes, absolutely. This legislation is technical. It is effectively ensuring investigations undertaken by the Military Police can be as comprehensive, using DNA samples in the way the Garda uses DNA samples in other criminal cases. It would be extraordinary if there were investigations taking place under military law that could lead to a court martial that could not use modern forms of evidence gathering and so on. Of course, there are limitations to that. Certainly, the taking of intimate samples is only justifiable in cases of serious breaches of the law. There is a voluntary nature as well in respect of willingness to give a sample in certain circumstances, as is deemed appropriate.

Senators referred to other issues in respect of Military Police investigations around oversight, appeals mechanisms and so on, some of which were dealt with the commission report. Those issues do not require legislation at this point. This is about providing a legal basis for the taking of DNA samples, which at the moment we do not have. That is why it is a specific technical piece that mirrors what the Garda can do and updates the various Acts that need to be updated in that regard.

On the commission report, we are in the middle of discussions with other key Departments on ensuring we can bring a series of recommendations to Government that can be agreed. That is not an easy process, as those Senators who have been in government before will know.We are proposing a significant increase in expenditure for the Defence Forces, which is absolutely justified and necessary. We have the evidence base now to make informed, sensible decisions on the resourcing of our Defence Forces into the future. We also have the extraordinary and tragic context of a war on the Continent of Europe, which unfortunately is seeing somewhere between 200 and 400 people dying every day. Every country in the European Union is reviewing defence and security issues and we should be no different. The fact that we are militarily neutral and non-aligned does not protect us from some of these threats, including cyberattacks, and we know that. We are going to respond in a comprehensive way but consultation with other Departments is needed. That is happening and has been happening for a number of weeks now. I thank my colleagues for their co-operation because this is not easy stuff in terms of trying to accommodate a significant financial request, given the pressures on Government around the cost of living, healthcare, housing, disability services, education and so many other areas.

In response to Senator Ó Donnghaile's question, I hope to have it done before the recess. I gave a commitment that I would try to bring a memo for agreement to Government in the month of June and I would like to follow through on that if it is possible. Whether it happens next week or the week after is not really the issue. The main issue here is to get it right and to get a clear commitment so that we can set a course for the Defence Forces of reform, modernisation, recruitment, effective retention, growth, expansion and increased numbers. Of course, increased resources will be needed for all of that and we cannot do this overnight. We cannot do it in one, two or even three years. This is about setting a course for quite some time into the future, hopefully with some certainty around the availability of resources so that we can map out the four- to six-year plans that are needed in terms of upgrading equipment in the Defence Forces within the rules and the law and so on. This simply cannot be done overnight.

As Minister for Defence, I do not want to create expectations but we are very close to the most strategic defence memo that I can remember coming to Government, in terms of its scope, scale and commitment. I hope we will get agreement on that shortly so that the Department of Defence and the Defence Forces can work together to bring about the modernisation and reform that is badly needed.

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