Written answers
Tuesday, 9 July 2024
Department of Defence
Defence Forces
Holly Cairns (Cork South West, Social Democrats)
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123. To ask the Taoiseach and Minister for Defence if his office has ever received correspondence from the Defence Forces seeking powers to suspend members pending a criminal trial; and if so, the date and details of the correspondence. [29135/24]
Micheál Martin (Cork South Central, Fianna Fail)
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I wish to advise the Deputy that the formulation of a policy position on any such matter, including an assessment of the necessary legislative underpinning, is informed by military advice or a formal request from the Chief of Staff.
A formal request on this particular matter, that being the power of suspension, was submitted to the Tánaiste on 25 June 2024.
This will now be actively considered within this policy formulation framework.
In the meantime, the Deputy will be aware that I have issued an instruction for the placement on local leave, with immediate effect, of serving personnel in the Defence Forces who have been convicted of sexual assault or rape and awaiting discharge, or who have been charged and awaiting trial, on local leave, on a without prejudice basis.
The ability to take this measure is already allowable in current Defence Force Regulations and I have been absolutely clear that it must now be applied uniformly in all such cases.
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