Written answers

Tuesday, 28 March 2006

Department of Defence

Proposed Legislation

11:00 pm

Photo of Denis NaughtenDenis Naughten (Longford-Roscommon, Fine Gael)
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Question 108: To ask the Minister for Defence if there are planned changes to defence legislation for the remainder of the lifetime of this Government; and if he will make a statement on the matter. [11844/06]

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)
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The Government's legislative programme for the current Dáil session, which commenced on 25 January 2006, as announced by my colleague, Deputy Kitt, Chief Whip and Minister of State at the Department of the Taoiseach, lists in section A my intention to publish a Bill amending 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, in June 2005 the Government approved the urgent drafting of the Defence (Amendment) Bill which is currently being drafted by the Office of Parliamentary Counsel, in consultation with officials from my Department, for enactment by mid-2006.

The legislative programme also lists in section C my intention to publish a Curragh of Kildare Bill which will provide for the establishment of a statutory body to manage the Curragh with the exception of the military establishment at the Defence Forces training centre and to update the existing Curragh of Kildare Act. This Bill is being drafted by the Office of the Parliamentary Counsel and is expected to be published in mid-2006.

As I have previously advised the House, the interdepartmental group on battlegroups, as part of its study, recommended changes to current legislation on overseas deployments in light of the increasing range of operations where military forces can play a role and the need for increased interoperability and training so we can be more effective and more efficient once deployed.

It is important to the development of capabilities and the ongoing training of the Defence Forces that they can undertake training overseas and learn from best practice in other countries. While not conclusive, the study raised possible questions as to whether Defence Forces can be sent on such overseas training. This training is essential to the development and maintenance of high standards in the military and our existing peace support operations, where we work alongside many other armies.

I intend to introduce amending legislation to put this issue beyond doubt. Moreover, in light of developments since the Defence Act was amended in 1960 to provide for participation in UN peace support operations, for the avoidance of doubt, I also intend to update the wording in the Act to more closely reflect current practice in the formulation of UN Security Council resolutions endorsing peace support operations. The triple lock requirement of UN, Government and Dáil approval will stand.

I also propose to provide for the participation by Defence Forces personnel in humanitarian operations in response to natural and man-made disasters such as the tsunami in south east Asia or the earthquake in Pakistan. Currently personnel must volunteer for service with a civil undertaking, in the same manner as any ordinary citizens and cannot be deployed at the behest of the Government.

These issues are important and must be addressed. The requirement for this amending legislation arises irrespective of our participation in battlegroups. With the co-operation of the Oireachtas which I expect will be readily forthcoming, I hope to have the necessary legislation enacted before the summer recess.

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