Dáil Éireann debate -
Wednesday, 24 Apr 1996

Vol. 464 No. 4

Written Answers. - Disciplinary Action.

Ivor Callely

Question:

23 Mr. Callely asked the Minister for Defence the procedures that apply for disciplinary action taken against personnel in the armed forces; his views on the flexibility in this area; and if he will make a statement on the matter. [7980/96]

Minister for Defence (Mr. Barrett)

Discipline in the Defence Forces is governed by the provisions of Part V of the Defence Act, 1954 as amended and regulations and rules made thereunder. As the provisions are very extensive it is difficult to go into detail on the matter. Notwithstanding this, essentially the procedure is as follows:—

When a charge is preferred for an alleged offence against military law the charge is normally investigated by the accused's commanding officer who can:— (1) dismiss the charge, or (2) remand the accused for trial by court-martial, or (3) subject to certain exceptions deal with the case summarily. In such circumstances the range of punishments are limited.

A court-martial is a court of law. Its procedures are not unlike those followed in the civil courts. A person tried by court-martial can be represented by an officer of the Defence Forces, or by a civilian solicitor or barrister-at law. A right of appeal lies to the Courts-Martial Appeal Court which is composed of one Supreme Court judge and two High Court judges. The Appeal Court has power to affirm or reverse the conviction in whole or in part and to remit, reduce or increase the sentence. There is also provision for petitioning against sentence to the adjutant-general of the Defence Forces and to the Minister for Defence.

The number of trials by courts-martial for the past five years are as follows: — 1995 — 24; 1994 — 23; 1993 — 24; 1992 — 41; 1991 — 45. Apart from appeals and petitions in connection with courts-martial, flexibility in addressing grievances is available under Section 114, Part IV of the Defence Act, 1954 which provides for a redress of wrongs system for every member of the Defence Forces who thinks himself wronged in any matter.

In the case of an officer who thinks himself wronged he may complain to his commanding officer and if he is dissatisfied with the response of his commanding officer he may complain to the Minister.

In the case of a non-commissioned officer or private who thinks himself wronged he may complain in the first instance to his company commander. If he is dissatisfied with the response of his company commander he may complain to his commanding officer. If he is dissatisfied with his response he may complain to the adjutant general who, if so required by the NCO or private concerned, shall report on the matter to the Minister.

I am pleased to say that the work of the sub-committee of the Conciliation Council established in 1992 to examine the grievance procedures has now been finalised and new procedures have been agreed with the representative bodies of the Permanent Defence Forces. The new procedures, which include the appointment of a grievance officer, are due to be introduced shortly. In addition to improved procedures for dealing with complaints under section 114 of the Defence Act, 1954, they provide, subject to stated exceptions, for the submission of complaints other than those coming within the scope of section 114 of the Defence Act, 1954. Time guidelines for dealing with complaints have been introduced to ensure resolution of complaints without delay. Complaints requiring expeditious decisions e.g. eligibility for promotion competitions, may be certified as urgent and will be dealt with as quickly as possible by all concerned. I am confident that the implementation of the agreed new improved procedures will result in more flexibility and efficiency in dealing with complaints.