Dáil Éireann debate -
Tuesday, 17 Dec 2002

Vol. 559 No. 5

Written Answers. - Defence Forces Dismissals.

Aengus Ó Snodaigh

Question:

115 Aengus Ó Snodaigh asked the Minister for Defence if there is any wrongful conviction procedure available to those members of the Defence Forces who were dismissed without being court martialled, or without having recourse to some form of a legal hearing, or without having leave to appeal their dismissal; and if so, the procedure which this would involve. [26297/02]

Minister for Defence (Mr. M. Smith)

There is no legal requirement for a person to be tried with an offence under military law or the ordinary criminal law before they are dismissed from the Defence Forces. This principle was upheld by the High Court in 1979 in a case where Mr. Justice Findlay found that there was a "clear public necessity" that the military should have the discretion to remove persons considered to be a security risk. The statutory provisions under which members of the Defence Forces may be discharged or retired are contained in the Defence Act and the relevant Defence Forces regulations. Where it is proposed to discharge or to retire a member of the Defence Forces compulsorily, the person concerned is afforded the opportunity to submit an appeal against such proposed discharge or retirement.

Aengus Ó Snodaigh

Question:

116 Aengus Ó Snodaigh asked the Minister for Defence if a person (details supplied) has any legal recourse open to them to re-establish their good name; and if so, the procedures which this person must follow. [26292/02]

Aengus Ó Snodaigh

Question:

117 Aengus Ó Snodaigh asked the Minister for Defence the findings of the reinvestigation of the case of a person (details supplied) who was summarily dismissed from the Defence Forces. [26304/02]

Minister for Defence (Mr. M. Smith)

I propose to answer Questions Nos. 116 and 117 together.

The Judge Advocate General, Ms Oonah McCrann, completed her review of the circum stances surrounding the retirement of the person referred to and submitted her report to me on 17 September 2002. The report was released by me on 2 October 2002. The essential findings of the Judge Advocate General were that, following a review of all of the documentation held by the Department of Defence and by the Defence Forces, she had failed to uncover any evidence whatever to sustain the range of allegations which have been made concerning the circumstances of the individual's retirement in 1969. Her detailed inquiry led her to the conclusion that no practical or substantial benefit would be derived from holding any further inquiry into this matter. In accordance with the specific recommendations of the Judge Advocate General, all documentation relating to the events leading up to the individual's retirement has been made available to his legal representatives. A full copy of the Judge Advocate General's report was forwarded to his legal representatives before the findings were made public.