Ruairí Ó Murchú (Louth, Sinn Fein)
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98. To ask the Taoiseach and Minister for Defence if he will provide an update on the progress being made in the investigation into the death in Lebanon of a UNIFIL soldier (details supplied). [27950/24]

Micheál Martin (Cork South Central, Fianna Fail)
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Since the events of 14th December 2022, in which Private Seán Rooney was killed and a number of his colleagues from the 121st Battalion were injured, I have consistently expressed both my and the Government's determination that all of the facts and circumstances of the incident are fully established and that no stone is left unturned to ensure that those responsible are brought to justice.

An initial indictment hearing of persons charged in connection with the incident took place on 14 July 2023, with further hearings taking place on 30 August 2023, 15 December 2023 and most recently on 07 June 2024. The Irish Government was represented in court at all these hearings by its Beirut-based lawyer and the Irish Ambassador.

A central focus of my most recent visit to Lebanon (on 18-20 May last) was my meeting with the Lebanese Minister for Foreign Affairs and the legal representative of the Lebanese Minister for Defence. I left the Lebanese Minister and officials in no doubt with regard to the absolute determination of the Irish Government in ensuring that those responsible for Private Rooney’s death are brought to justice and that lives of Irish peacekeepers must be valued. I also emphasised the need to speed up the legal proceedings and the additional distress that the lack of progress is causing Private Rooney's family.

I was very disappointed to learn at the most recent hearing on 7th June, that, once again, none of those indicted for the killing of Private Seán Rooney appeared in court at the hearing. The next hearing in the case is scheduled for 12 February 2025.

Following the hearing, I have again stressed my unhappiness with the progress of the Trial to date and have made that very clear directly to both Lebanese authorities and to the UN. We continue to maintain close contact with them on this matter.

I will continue to make strong representations in this matter with the Lebanese authorities and with the United Nations. Private Rooney’s family has been, and will continue to be, kept informed of developments as they happen.

Separately, I understand that the investigation by An Garda Síochána for the purposes of preparing a report for the Coroner is complete, and the Defence Forces have supported this investigation. An inquest hearing into Private Rooney's death is expected to take place shortly.

Finally, I wish to assure the House that my Department, the Embassy in Cairo, the Consulate in Beirut and I will continue to monitor developments and to push for progress in this regard very closely.

Gary Gannon (Dublin Central, Social Democrats)
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99. To ask the Taoiseach and Minister for Defence the number of instances of Defence Forces accommodation currently lying idle; and if he will make a statement on the matter. [28233/24]

Micheál Martin (Cork South Central, Fianna Fail)
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I assume that by vacant properties the Deputy is referring to residential properties. Based on information provided by military authorities, there are seventy-eight (78) vacant residential type properties under the remit of my Department. I am advised that none of these properties can be occupied without considerable refurbishment and were built before the Building Regulations and associated standards arising from same came into effect.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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100. To ask the Taoiseach and Minister for Defence if he intends to withdraw his appeal against the decision of the adjudicator under the conciliation and arbitration scheme which found against the prohibition of Defence Forces personnel serving in certain posts from being able to affiliate with representative organisations. [28130/24]

Micheál Martin (Cork South Central, Fianna Fail)
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The decision in question, as ruled by the Adjudicator under the Conciliation and Arbitration (C&A) Scheme for members of the Permanent Defence Forces, is one which found against the prohibition of Defence Forces personnel, serving in a specific post, from being able to affiliate with Representative Associations. This ruling is currently under appeal to the Defence sector Arbitration Board, given that such an appeal is part and parcel of the rights of all parties to the C&A Scheme.

It is important to note that under Defence Force Regulation (DFR) 02/2020, Section 4(1) and Section 6(2), since 23 January 2020, the holder of the post of Director of Military Prosecutions (DMP) cannot be a member of a Representative Association.

In addition, the Defence (Amendment) Act 2011 also altered the eligibility requirements for the position of Director of Military Prosecutions, opening it up to non-military candidates for the first time. This appointment is a statutory position and one made by Government. The role of DMP, within the Defence Forces, is independent and does not fall within the chain of military command. As such it is necessary to ensure that the holder of this post is required to be independent, and be seen to be independent, in the performance of the statutory powers assigned to them.

As the Deputy may be aware, I have stated in the Dáil that I do not intend to bring forward further amendments to future primary legislation on this matter. However, there is merit in allowing this appeal to proceed in order to clarify the role of the Conciliation and Arbitration scheme in the context of Defence Forces Regulations.