asked the Minister for Defence if he will amend the Defence Act, 1954, so as to reduce the present heavy penalties for trivial offences committed, while off duty, by members of the Defence Forces.
Ceisteanna—Questions. Oral Answers. - Penalties for Offences by Army Personnel.
44.
I assume that the Deputy is referring to offences which are dealt with summarily by a commanding officer. The principal punishments which may be awarded by a commanding officer are:—
(a) in the case of a noncommissioned officer, a fine not exceeding £3;
(b) in the case of a private or a seaman,
(i) a fine not exceeding £2, or
(ii) a term of detention not exceeding 28 days, or (iii) confinement to barracks for a term not exceeding 14 days.
I would emphasise that these are maximum punishments. I am satisfied that the punishments actually awarded within these limits are not excessive in relation to the offences of which personnel are found guilty. I do not propose to amend the Defence Act, 1954.
I may add that a soldier is subject to military law at all times.
Apart from the severe fines and harsh sentences for some minor indiscretions of which some of our troops are guilty, is the Minister not aware of long delays in respect of soldiers who opt to go before courts-martial before their cases are brought to trial? Is he not further aware that the reason given for such delays is that there is an absence of Army personnel with legal knowledge to try such cases and that my question was put down particularly in relation to matters appertaining to the conduct of our troops with particular emphasis on the matter of fair trials in the Congo?
The Deputy's next question deals with the delay.
45.
asked the Minister for Defence if he is aware that members of the Defence Forces accused of offences who elect to go before a court-martial are frequently kept in close custody for very considerable periods of time before being brought before a court-martial; and if he will take immediate steps to rectify this injustice.
I am not aware that the position is as stated by the Deputy. Members of Na Buan Óglaigh charged with offences who elect for trial by court-martial are brought to trial without avoidable delay.
Would the Minister regard two months' confinement as a reasonable time before bringing them to trial?
I have no information to indicate that there was any such delay in any case. If the Deputy brings any such cases to my notice——
If I bring such cases to the Minister's notice, will I get an assurance that there will be no repercussions on the individuals concerned?
Let the Deputy bring a case to my personal notice and I shall write to him about it.
Has the Minister any idea of what the average delay is?
I can give the Deputy some indication. In 62 of 97 courts-martial, the delay varied from four days to 20 days. In 13 other cases, the close-service custody was from 22 to 45 days but there were some unusual circumstances in those cases.
Do the figures which the Minister has given us include the figures for the Congo?
I cannot answer that. If the Deputy writes, I shall give him all the information I have.
I shall put down a further question in relation to the manner in which our troops are dealt with in this respect, particularly in the Congo.
I want to assure the House that the insinuation in the Deputy's remarks is not well founded.
The Deputy says he will give you evidence. Is that an insinuation?
He should have left it at that. I promised I would write to him but he continued with a number of insinuations when I promised to do so.
The Minister should not be so touchy. He has been only a short time in that Department.