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Dáil Éireann debate -
Wednesday, 25 Feb 1998

Vol. 487 No. 7

Written Answers. - Courts Martial.

Pat Rabbitte

Question:

62 Mr. Rabbitte asked the Minister for Defence the total number of personnel hours incurred by Defence Force personnel in the preparation and conduct of a recent court martial of an Army officer (details supplied); the total cost to the Defence Forces; his views on whether it is appropriate that relatively minor alleged breaches of discipline should require a full court martial; the plans, if any, the Defence Forces have for more appropriate procedures for dealing with these matters; and if he will make a statement on the matter. [4920/98]

The judicial process involved in the recent court martial of the Army officer concerned has not yet come to a conclusion. The findings and sentence are subject to confirmation and promulgation. Under the Rules of Procedure (Defence Forces) 1954, as amended, a person convicted has the legal right to petition the Adjutant-General and ultimately the Minister against sentence. This right of appeal arises after the appeal process in the Courts-Martial Appeal Court has been exhausted. In the circumstances, it would not be appropriate for me to become involved in the case at this stage.

The total number of personnel hours incurred by Defence Force personnel in the preparation and conduct of the recent court martial is estimated at a total of 505 hours. The time spent by military personnel in the preparation and conduct of courts martial is regarded as time spent in the ordinary course of duty. Many of the military personnel involved are stationed in the Curragh and consequently there was no extra cost in connection with their attendance. Details of actual claims for travel and subsistence from other personnel are not yet to hand. The invoice in respect of fees for stenographer's services has not yet been received.

Discipline in the Defence Forces is governed by the provisions of Part V Defence Act 1954 as amended and regulations and rules made thereunder. Military law provides for the summary treatment of minor offences and for trial by court martial in relation to serious offences. Obedience to orders is integral to a soldier's whole existence. Disobedience to orders is regarded as a serious offence, the more so when such offence is committed by a senior officer.

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 1 Supreme Court Judge and 2 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. I do not consider that any legislative change is required to the court martial system as operated currently.
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