David Stanton (Cork East, Fine Gael)
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Question 112: To ask the Minister for Defence the position regarding the appointment of the military judge for the Defence Forces to preside at courts martial; the qualifications for the position; and if he will make a statement on the matter. [4185/11]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The position is that under the provisions of section 184(J)(1) of the Defence Act 1954, as amended, "the President may appoint, on the advice of the Government, one, or more than one, qualified officer of the Permanent Defence Force to be a military judge". In this context Section 184(K)(1) provides for the establishment of a committee, consisting of the Chief of Staff, the Judge Advocate-General; and a Judge of the High Court, nominated by the President of the High Court, "for the purpose of identifying officers and informing the Government of the suitability of those officers for appointment to judicial office". Section 184K(6) provides that "all proceedings of the committee and all communications to the committee shall be confidential". The qualifications for the position of military judge for the Defence Forces are provided for in Section 184J of the Defence Act 1954, as amended.

Section 184J (2) states that "An officer who is a practising barrister or a practising solicitor of not less than 10 years standing shall be qualified for appointment as a military judge."

Section 184J (3) states that "For the purposes of this section service for any period in a position in the full-time service of the State (including as a member of the Permanent Defence Force and as a civil servant within the meaning of the Civil Service Regulation act 1956) for which qualification as a barrister or solicitor was a requirement shall be deemed to be practise as a barrister or a solicitor, as the case may be for that period and an officer, while holding that position, shall be deemed to be a practising barrister or a practising solicitor, as the case may be.

Finally, Section 184J (3) states that "The military judge, or where there is more than one military judge, the Chief Military Judge, shall not be below the army rank of colonel or the equivalent naval rank." The recommendation of the selection committee established pursuant to the provisions of the Defence Acts in relation to the filling of the currently vacant post of military judge is being progressed within the Department and the situation should be resolved shortly.