Matt Carthy
Question:148. Deputy Matt Carthy asked the Tánaiste and Minister for Defence the mechanisms by which a person who is court martialled may have their rank reinstated; and if he will make a statement on the matter. [17756/24]
View answerTuesday, 23 April 2024
Questions (148)
Written answers
The Defence Act 1954 (as amended) provides the principle statutory basis for the Court-Martial system, which administers military justice in the Irish Defence Forces.
The main purpose of the Court-Martial system is to provide a mechanism for the enforcement of Military Law in the Defence Forces.
The fundamental principle of Military Law is the regulation of behaviour of military personnel, having regard to the unique requirements and demands of military life, in order to ensure that the required standard of discipline is maintained at all times.
Members of the Permanent Defence Force are subject to Military Law at all times. Chapter II of Part V of the Act, sections 124 to 169A (inclusive) provide for the various offences against Military Law for which persons subject to Military Law may be tried and punished by Courts-Martial.
Sections 209 and 210 of the Defence Act 1954 set out the punishments that may be awarded, by a court-martial, to officers and enlisted personnel (respectively).
Pursuant to section 209(1)D, a Commissioned Officer may be reduced to any lower commissioned rank, by a court martial.
Pursuant to section 210(1)E, a Non-Commissioned Officer (NCO) may be reduced to any lower non-commissioned rank, by a court martial.
Where either of the above has occurred, and, the court-martial punishment has not been quashed by a higher court, the Officer or NCO in question may be promoted again in the future, through the usual promotion mechanisms, laid out in Defence Force Regulations.