Dáil Éireann debate -
Thursday, 20 Feb 1992

Vol. 416 No. 1

Written Answers. - Defence Forces Court Martial Statistics.

Seán Ryan

Question:

104 Mr. Ryan asked the Minister for Defence if he will outline for (a) 1989, (b) 1990 and (c) 1991, (1) the number of court martials that were undertaken, (2) the number of appeals that were lodged, (3) the number of sitting days devoted to courts martial, (4) the usual personnel composition of such procedures, (5) the legal training of court martial boards, (6) whether any consideration has been given to permitting NCOs and privates to sit on courts martial and (7) the number of appeals transmitted to his Department; and if he will make a statement on the matter.

Minister for Defence (Mr. Wilson)

The numbers of courts martial held were:

1989 —	53
1990 —	48
1991 —	43

The numbers of appeals to the courts Martial Appeals Court were:

1989 —	3
1990 —	2
1991 —	2

The numbers of appeals to the Minister were:

1989 —	2
1990 —	2
1991 —	6

Sections 189 and 190 of the Defence Act, 1954, prescribe that a general court martial shall consist of a president and not less than four other members, and that a limited court martial shall consist of a president and not less than two other members, all of whom shall be commissioned officers. In addition a judge advocate must be in attendance at each court martial.

In the normal course of their duties, officers of the Defence Forces are required to have a knowledge of military law and in this connection they receive the necessary training during their military education. In addition when acting as members of a court martial they have the benefit of the advice and guidance in all legal matters of the judge advocate who is a barrister-at-law.

It is not possible in the time available to compile details relating to the number of sitting days involved in courts martial.