Michael D Higgins (Galway West, Labour)
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Question 118: To ask the Minister for Defence if his attention has been drawn to the case where a member of the Defence Forces is challenging the constitutionality of the military disciplinary procedure in the High Court; and if he will make a statement on the matter. [8879/07]

Willie O'Dea (Limerick East, Fianna Fail)
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There are currently eight cases of this general nature listed before the High Court.

In my opening statements to the Seanad when introducing the Defence (Amendment) (No. 2) Bill 2006, I stated that a number of legal challenges to the disciplinary provisions of the Defence Acts await hearing in the High Court. It would, of course be inappropriate for me to comment on those cases in any way except to state that they will take their course in the High Court in the normal way.

The measures proposed by the new Bill will update Part V of the Defence Act in the light of prevailing best practice and will ensure that the provisions of Part V of the Defence Act relating to summary procedures and courts-martial comply fully with contemporary Human Rights norms.