Seanad debates

Tuesday, 25 June 2024

An tOrd Gnó - Order of Business

 

1:00 pm

Photo of Gerard CraughwellGerard Craughwell (Independent) | Oireachtas source

I, too, would like to join with people who commended Natasha O'Brien on coming into the public domain to tell her story. However, I would caution that the case of the man involved is far from over and the last thing we want to do is provide some sort of defence that he has already been tried in the public domain. We need to be very careful and measured in what we say.

I have always supported the Defence Forces and today I am horrified by the statements being made by Members of this House, the Lower House and the Taoiseach. They talk about the Defence Forces shielding and hiding people in the organisation who would be responsible for vicious acts. Let us be clear. The Defence Forces are responsible for implementing Defence Forces regulations as set down by the Government and Minister of the day. The officer who was forced or sent into court in the O'Brien case was bound under Defence Forces regulation A7, part 12, paragraphs 55 to 58, inclusive. As a commissioned officer, he was expected to go in and deliver an honest appraisal of the man's service in the Defence Forces. He was not defending him in any way. He was merely carrying out his duty, as per Defence Forces regulations.

With respect to calls for people to be dishonourably discharged or removed from the Defence Forces, Defence Forces regulation A10, paragraph 58, is very clear. It states, in respect of a suspensory sentence, that "[I]f the conviction carries a suspensory sentence the discharge, if directed, will be carried out as soon as possible after the case has been dealt with by the Civil Power" and that discharges under this subparagraph will not be carried out until it has been ascertained that no appeal is pending or, where an appeal has been made, until the appeal has been heard and determined. These are the regulations as set down by the Minister.

The Defence Forces are obliged to carry out Defence Forces regulations as laid down. If we are to make an argument today, it should be that it is time we reviewed all of the Defence Forces regulations in order that we bring them into the modern era. However, I will not tolerate or stand idly by while people denigrate the force that I served in and loved and the people I worked with. Honourable, decent people are in that organisation. They are horrified by what has happened and what has been done by a very small number of people. I guarantee the House that if we went into any organisation in the country, we would find similar people. Let us not blacken everybody at the same time. It is desperately hurtful.

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