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Departmental Bodies

Dáil Éireann Debate, Thursday - 28 February 2013

Thursday, 28 February 2013

Questions (203)

Kevin Humphreys

Question:

203. Deputy Kevin Humphreys asked the Minister for Defence if he will provide a list of the members or former members of the judiciary who, during the past five years, have acted as chairperson or member of any body in or under his Department, or as chairperson or member of any inquiry, or have performed functions including arbitration, mediation, conciliation, patronage, advisory or law reform functions or any other role in or in any body under his Department or in any body wholly or partly funded by him, specifying in each case the name of the judge; if he or she is serving or retired; the Court of which he or she is or was a member; the role or function performed; and if he will make a statement on the matter. [10877/13]

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Written answers

Sections 184(K) and 184(D) of the Defence Act 1954, as amended, provides for the establishment of a committee for the purpose of assessing the suitability of candidates for appointment as Military Judge and Director of Military Prosecutions. One member of this independent committee shall be a Judge of the High Court, nominated by the President of the High Court. The following table outlines the names and role of the appointed member of the judiciary to this committee.

Name

Court

Serving / retired

Role

Mr. Justice Paul Gilligan

High Court

Serving*

Nominated to serve on a Committee established under section 184K in both 2007 and 2010.

Mr. Justice Paul Gilligan

High Court

Serving*

Nominated to serve on a Committee established under section 184D in 2007.

Mr. Justice Kevin Crosse Kevin Cross

High Court

Serving*

Nominated to serve on a Committee established under section 184K in 2012.

* *All Judges were serving at the time they performed the functions outlined.

Section 184LA of the Defence Acts, as amended, provides for a Circuit Court Judge to perform the functions of the Military Judge in certain circumstances, including where there is a vacancy for the position of Military Judge. Under the provisions of section 184LA Mr Justice John D. O’Hagan was nominated by the President of the Circuit Court to perform the functions of a Military Judge, on a temporary basis. Mr. Patrick A. McCourt, retired Military Judge, was appointed as Ombudsman for the Defence Forces under the provisions of section 2(2) of the Ombudsman (Defence Forces) Act 2004 with effect from 07 November 2012.

Section 240A of the Defence Act 1954 as inserted by Section 71 of the Defence (Amendment) Act 2007 provides for the establishment of a Courts-Martial Committee - a new Court-Martial rule making authority for the purpose of regulating the practice, pleading and procedure generally before Courts-Martial. The Committee consists of 6 nominated members, one of whom is a Judge of the Circuit Court nominated by the President of the Circuit Court. The nominated Judge acts as chairperson of the Committee. Judge Donagh McDonagh, a serving Circuit Court Judge, currently holds this position since his nomination on 21 May 2007.

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