Vol. 395 No. 3
21 Mr. M. Higgins asked the Minister for Defence if there is any policy within the Defence Forces concerning the punishment or treatment of members of the Forces convicted of sexual offences, but not sentenced to custodial terms by the courts; and if he will make a statement on the matter.
41 Mr. McCartan asked the Minister for Defence if his attention has been drawn to a report by senior Eastern Health Board psychiatrists (details supplied) which suggests that an exceptionally high proportion of child sexual abusers are former Army personnel; the steps, if any, he intends to take arising from this report; if he is satisfied at the level of welfare services available for service personnel; and if he will make a statement on the matter.
Defence Force Regulations made under the Defence Act, 1954, provide that a man of the Permanent Defence Force may, subject to the prior approval of the Adjutant-General, be discharged by the general officer commanding a command as a result of a conviction by the civil power. It is the fact of conviction and not the nature of the sentence imposed or the offence committed which gives rise to the question of the discharge of the individual.
It is the fact.
Yes. There was an erroneous report in one of the newspapers which gave another impression and that probably was the basis of the Deputy's question. It is the actual conviction which is the fact of the matter.
It was not the report in the newspaper which was the basis of my question. My reason for the question is very clear. Given reports that are available on the question of sexual offenders within the Defence Forces — sexual offenders exist in all parts of society — what procedures exist within the Defence Forces for treatment, for example? I am also interested in whether there is a formal or informal regime within the Defence Forces if the ordinary courts take a particular position.
Questions Nos. 30, 32 and 41 relate to psycho-sexual counselling for members of the Defence Forces within the ambit of the medical service available. This question relates to the punishment or treatment of members of the Defence Forces convicted of sexual offences. It applies to conviction of sexual offences. That answers the Deputy's concern.
I am interested in the question of treatment. It is not clear from the Minister's reply whether the Army are free to refer people for treatment outside the Department of Defence medical service or whether such services exist within the Department of Defence medical service. Is there an informal indication that some procedures other than those within the courts will be taken within the Department of Defence which could sometimes be used as an excuse for the courts taking a certain kind of view with regard to sentencing?
We have the Army Medical Corps, welfare officers and social workers. All these facilities are available within the Army Medical Corps. That is a separate matter from the court aspect. Where conviction obtains, disciplinary procedure comes into play. There are two separate aspects — the treatment aspect and the legal aspect after conviction.
One is not a substitute for the other.
No.
I am obliged to the Minister for agreeing to take Question No. 41. Does the Minister propose to take any specific action by way of inquiry into or improvement of the welfare service available to members of the Defence Forces? Does he agree with the views and findings of the senior psychiatrist in the Eastern Health Board with regard to the extraordinary predominance of sexual offenders among former members of the Defence Forces?
That is a matter I have taken up with the Chief of Staff. I agree it is a matter that should be teased out to see if there is any reality in this allegation. I am certainly having it examined and I will be in touch with the Deputy about it.
