Vol. 538 No. 1
140 Mr. Higgins (Mayo) asked the Minister for Defence the procedures applied in disciplinary proceedings against former members of the Army who left without authorisation 30 years ago or more in cases where the deserter comes forward and acknowledges his desertion. [17326/01]
The military authorities advise that anyone who is registered as being in excess of 21 days absent without authorisation from the Defence Forces is defined as an illegal absentee. On being registered as being illegally absent, notification is sent by the unit concerned to the military police and to the Garda inspector of the district in which the individual would normally reside. Thereafter, in consultation with the Garda, the military police will visit the last known address of the individual and, if found, he or she will be detained by them and returned to his or her unit.
The procedure in military law with regard to such absentees is that a court of inquiry is held pursuant to section 147 of the Defence Act in respect of each such absentee. A record would exist in the service books of each unit to the effect that the person concerned had been declared to be absent without leave from a specific date. Pursuant to the provisions of section 135(2)(b) of the Defence Act that person is also presumed to have deserted the Defence Forces.
There is a simple procedure available for long-term absentees to surrender themselves and for trial to be dispensed with. Where such an application for dispensation on humanitarian grounds is approved by the deputy chief of staff, the applicant is then required to contact the officer commanding his unit and make arrangements to surrender and make a formal confession of desertion. A pragmatic and sensible approach is taken to the question of long-term absentees, particularly as many of these individuals are, by definition, well advanced in years.
Each case is treated on its merits in accordance with the procedures outlined. However, the military authorities do consider all relevant mitigating circumstances evident in each case.
