Vol. 476 No. 4
28 Miss Harney asked the Minister for Defence, in view of the changes now taking place in the court-martial system in Britain, his views on whether similar changes would have to be adopted in this country in view of the fact that the Irish system was adopted from the British system; and if he will make a statement on the matter. [7154/97]
There are significant differences between the Irish and British court-martial systems. Irish military personnel, in common with all other citizens, have rights arising from our written Constitution. This constitutional jurisprudence has been applied increasingly in the military legal sphere in recent years. Also, the Courts-Martial Appeal Court, which is a civil court, has full appellate jurisdiction over the finding and sentence of any court-martial. It is considered that our court-martial system conforms with the requirements of the European Convention on Human Rights for a fair and public hearing by an independent and impartial tribunal established by law.
The details of any changes that may be taking place in the British court-martial system are not yet to hand. However, when these become available they will have full consideration in my Department and if it is considered that some changes in our system might be desirable then these changes will be made.
