Dáil Éireann Debate, Tuesday - 11 July 2017
61. Deputy Brendan Ryan asked the Taoiseach and Minister for Defence if the Judge Advocate General has made a report on military trials over the past two years; if so, if it will be made public; and if he will make a statement on the matter. [32480/17]
View answerSection 15 of the Defence Act 1954 provides for the appointment of a Judge Advocate General of the Defence Forces. It stipulates that the Judge Advocate General shall be a practicing barrister-at-law of at least ten year’s standing, but cannot be a member of the Defence Forces and shall be appointed by, and hold office during the pleasure of, the President. The current Judge Advocate General was appointed with effect from 24 September 2001. The duties assigned to the JAG on her appointment in 2001 were as follows:
a) The furnishing of advice and recommendations on proceedings of courts-martial before the findings and/or sentence are, where confirmation is required, confirmed by a confirming authority and;
b) The furnishing of advice generally on matters of military law.
The Judge Advocate General also exercises duties in relation to the holding of courts martial. The Courts Martial Administrator to whom she provides general supervision is appointed under her warrant. She is a member of the Committee which identifies persons wishing to be considered for the appointment of military judge. She administers the oath to be sworn by a military judge and she is an ex officio member of the Court Martial Rules Committee. The Judge Advocate General discharges her duties on a part time basis.
No report has been made to the Government on military trials over the past two years; nor is there any statutory obligation on the Judge Advocate General to have furnished such a report.
