Written answers

Thursday, 21 April 2005

Department of Defence

Proposed Legislation

5:00 pm

Paul McGrath (Westmeath, Fine Gael)
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Question 20: To ask the Minister for Defence his plans to revise the military disciplinary system; and if he will make a statement on the matter. [12457/05]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Question 26: To ask the Minister for Defence when the Defence (Amendment) Bill referred to in the Government's legislative programme will be presented to Dáil Éireann; the general purpose of this legislation; and if he will make a statement on the matter. [12333/05]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Question 32: To ask the Minister for Defence the details of the Defence (Amendment) Bill that is listed on the Government's legislation programme for the summer session 2005; when it will be published; its main purposes; and if he will make a statement on the matter. [12350/05]

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)
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I propose to take Questions Nos. 20, 26 and 32 together.

The Government's legislative programme for the current Dáil session which commenced on 12 April 2005, as announced by my colleague, the Government Chief Whip and Minister of State at the Department of the Taoiseach, Deputy Kitt, lists in section C my intention to seek Government approval to amend Part V (Discipline) of the Defence Act 1954, as amended, and certain other provisions of the Act.

Since its enactment over 50 years ago, Part V (Discipline) of the Defence Act 1954 has been subject to relatively minor revisions, including the establishment in 1983 of the Courts-Martial Appeals Court, CMAC, the introduction of a special legal aid scheme, and some subsequent updating of the punishments available for breaches of military law.

There have been relevant developments in the intervening period. The military legal authorities have had regard to various decisions of the Courts-Martial Appeals Court since 1983, to developments in the ordinary criminal courts of the State and to developments in the administration of military law in other common law jurisdictions. They have been especially aware of the need for the Irish military legal system to be fully compliant with all of the requirements of the European Convention on Human Rights which was incorporated into Irish law through the European Convention on Human Rights Act 2003. In this regard, the military authorities are entirely cognisant of recent decisions of the European Court of Human Rights in the area of military law.

In July 2001, the deputy chief of staff — support — convened a Military Law Review Board to review the current provisions of the Defence Act 1954, as amended, to ensure that the military law justice system is both expeditious and fair to the individual and contributes significantly to the maintenance of discipline within the Defence Forces and complies with the Constitution and the European Convention on Human Rights. The board report, together with legal advice from the Attorney General's office, have been considered within my Department with a view to deciding upon the most suitable approach to be taken to the recommendations, in light of the general legislative programme of the Government.

Accordingly, it is my intention to seek the approval of the Government, in the near future, for the urgent drafting of this amendment Bill on the lines of the general scheme which has been prepared by officials within my Department.

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