Pat Rabbitte (Dublin South West, Labour)
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Question 69: To ask the Minister for Defence the legislation he expects to publish during 2009; and if he will make a statement on the matter. [24711/09]

Willie O'Dea (Limerick East, Fianna Fail)
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In 2003 a Military Law Review Board, established to review the adequacy, effectiveness and fairness of the military justice system as laid down in Part V (Discipline) of the Defence Act 1954, recommended the amendment of some 76 sections within Part V of the Act. In 2005, the Government approved the drafting of a Bill based on the recommendations of the Board. During drafting of the Bill it was decided to focus on only those Heads which were essential to ensure that the provisions of Part V relating to summary procedures and courts-martial were compliant with the European Convention on Human Rights. The Bill was published as the Defence (Amendment) Bill 2006 and was enacted in April 2007. Subsequent to the passing of the 2007 Act work was completed on publishing revised Court-Martial Rules, Rules of Procedure and Courts-Martial (Legal Aid) Regulations etc., and on completing necessary amendments to Defence Force Regulations, to give effect to the new Act. The new military justice system has been in operation since September 2008.

My Department, in conjunction with the Office of the Parliamentary Counsel, is now in the process of drafting a further Defence (Amendment) Bill to deal with the remaining provisions of Part V of the Defence Act 1954 which the Military Law Review Board recommended should be amended. These provisions primarily relate to offences against military law and extended provisions for arrest and detention. I would expect that work on this Bill will be largely complete by the end of 2009 and that it will be published in late 2009 or in early 2010.

My Department will also publish the European Defence Agency Bill 2009. Ireland participates in the framework of the Agency and contributes to the operational budget of the Agency which funds the Annual work programme. The Agency undertakes a range of other projects outside of the work programme to which members can opt in or opt out. The European Defence Agency Bill 2009 is designed to regulate Ireland's participation in relation to these particular projects.