I move amendment No. 180:—
In lines 37 and 38 to delete " dismissal with ignominy from the Defence Forces or ".
This deals with the offence of scandalous conduct, which is one of the most difficult cases which can come before a court-martial, and on this occasion the court is not only a court in the ordinary sense of the word but a court of honour. If a court-martial finds an officer guilty of scandalous conduct unbecoming to an officer he should be dismissed from the forces, but I do not think that it is right, as was provided in the old act, that he should be sentenced to be dismissed with ignominy. I see no reason for giving the court the option of dismissal with ignominy or dismissal. Dismissal is sufficient, dismissal by sentence of court-martial. An additional punishment involved in dismissal with ignominy is that that officer is never entitled under any circumstances to serve the State again in any capacity, civil or military, in other words, it is a penalty for the rest of his life. I think that there is a clause providing that the Minister may review the sentence of a person dismissed with ignominy. When I am defending an officer charged with scandalous conduct I say to the court martial: " Do not look at it in any light except that if you think he should be dismissed with ignominy find him guilty, and if you do not acquit him." I think that is the right approach. If an officer is guilty he is unfit to be an officer, but I do not think he should have that additional punishment. The officer might be a young lad of 22, and at 30 or 40 he might be a completely different person, who could perhaps serve the State in some capacity, as a civil servant or as a soldier.
