Dáil Éireann debate -
Thursday, 4 Jun 1998

Vol. 491 No. 7

Written Answers. - Courts Martial.

John Perry

Question:

86 Mr. Perry asked the Minister for Defence the number of courts martial convened in 1996, 1997 and to date in 1998; the number of persons before these courts; the outcome in this regard; and his views on the need for change in disciplinary procedures within the Defence Forces. [9038/98]

Minister for Defence (Mr. M. Smith)

Part of the reply is in the form of a tabular statement which I propose to circulate in the Official Report.

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. I do not consider that any legislative change is required to the court martial system as operated currently.

Statement

	Courts Martial	1996	1997	1998 (to 29 May)
1	Number of courts martial	18	11	4
2	Number of personnel before the courts	19	11	4
3	Outcome of proceedings:
	Convictions	16	10	4
	Nolle Prosequi	2	–	–
	Acquittals	1	–	–
	Adjournments	–	1	–