Billy Timmins (Wicklow, Fine Gael)
Link to this: Individually | In context

Question 276: To ask the Minister for Defence the number of Defence Forces personnel that were in detention or confined to barracks, during the week ending 27 November 2005; the exact details of the detention or confinement; the offence or offences which were involved; his plans to change the disciplinary process in the Defence Forces; and if he will make a statement on the matter. [37312/05]

Willie O'Dea (Limerick East, Fianna Fail)
Link to this: Individually | In context

The Defence Forces policy is that commanders are advised to exercise their quasi-judicial statutory discretion by way of the award of confinement to barracks, or the award of a monetary fine, rather than detention, when considering punishment.

During the week ending 27 November 2005 the number of Defence Forces personnel confined to barracks was eight: 4th Western Brigade, one person under sections 137 and 168 of the Defence Act 1954, as amended — awarded three days confined to barracks; Naval Service, two personnel under sections 131 and 168 of the Defence Act 1954, as amended — one was awarded seven days stoppage of shore leave and one was awarded three days stoppage of shore leave; Air Corps, five personnel under sections 137, 157 and 168 of the Defence Act 1954, as amended — four were awarded two nights confined to barracks and one was awarded three nights confined to barracks.

The Government's legislative programme for the current Dáil session, which commenced on 28 September 2005, as announced by my colleague, Deputy Kitt, Chief Whip and Minister for State at the Department of the Taoiseach, lists in section B the Defence (Amendment) Bill which will amend Part V (Discipline) of the Defence Act 1954, as amended, and certain other provisions of the Act. Since its enactment over fifty 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, on 14 June 2005 the Government approved the urgent drafting of the Defence (Amendment) (No.2) Bill, which is being drafted by the Office of the Parliamentary Counsel, in consultation with officials from my Department, for publication by mid 2006.