Dáil Éireann debate -
Wednesday, 17 May 2000

Vol. 519 No. 3

Written Answers - Defence Forces Accidents.

Ivan Yates

Question:

62 Mr. Yates asked the Minister for Defence his policy in relation to the publishing of reports of accidents in the Defence Forces; the number of recent reports which have been made available publicly; and if he will make a statement on the matter. [13711/00]

Minister for Defence (Mr. M. Smith)

Paragraph 1 of Defence Force Regulations A.5 – Courts of Inquiry – provides that courts of inquiry shall be assembled to investigate:

"(a)the maiming, mutilating or injuring otherwise of a person subject to military law, whether on or off duty, where–

(i)the injury is fatal, or certified by a medical officer to be of a serious nature; or

(ii)doubt exists as to the cause of the injury or as to whether such person was on or off duty at the time of the injury; or

(iii)an officer having power to convene a court of inquiry considers it is desirable to investigate the cause of the injury;

(b)accidents in which persons subject to military law are involved or in which property of the Minister, or property which is in the custody of the Defence Forces, is involved;

(c)any loss, deficiency, theft, destruction or damage of or to moneys, stores, equipment, clothing, supplies, buildings, vehicles, aircraft, ships, animals, machinery or other articles which are the property of the Minister or are in the custody of the Defence Forces or which are the property, or in the custody, of service mess, institute or canteen;

(d)explosions in any service magazine, building, vehicle, aircraft, ship, munition shop or factory;

(e)any accident caused by, or resulting from, the use of any service weapon and involving injuries to persons or animals or material damage to buildings or property;

(f)any outbreak of fire in a barracks, post, camp, building, office or place the property of the Minister or occupied by, or under the control of, the Defence Forces, where damage to property or material is involved; and

(g)any other matter which a convening authority considers necessary to have investigated by a court of inquiry."

Courts of Inquiry are internal inquiries convened by a convening authority for the purposes of inquiring into any matter which may be referred to them and to make such finding or declaration as may be required. The purpose of such inquiries is to allow the convening authority to take such action as he may deem necessary in relation to the subject matter of the inquiry.

Paragraph 11 of the regulations provides that "the findings and recommendations of all courts of inquiry shall be treated as confidential. They shall not be disclosed to interested parties, except as provided in subsection 181(2) of the Defence Act, 1954 ....". This section of the Defence Act refers to a situation where a court of inquiry is held prior to trial by court-martial.

In addition, accidents involving personnel serving with the United Nations overseas are investigated by UN boards of inquiry. The reports of such boards of inquiry are the property of the United Nations and cannot be made available publicly. Defence Force Regulations C.S. 5 (New Series) – A Contingent Of The Permanent Defence Force Serving with An International United Nations Force – provides at paragraph 6 that a court of inquiry shall not be held into any matter relating to a contingent unless otherwise directed by the Chief of Staff or Deputy Chief of Staff – Support. Such a direction would be given, for example, where the United Nations board of inquiry failed to address some national matter or where a national matter required further inquiry.