Vol. 487 No. 7
130 Mrs. B. Moynihan-Cronin asked the Minister for Defence if he will change the court martial system as operated currently; if he will examine the changes in the British system in his deliberations, in view of the fact that the system was derived from that system; and if he will make a statement on the matter. [5082/98]
142 Mr. Belton asked the Minister for Defence the number of court martials convened in 1996, 1997 and to date in 1998; the number of persons before these courts; the outcome in this regard; and his views on the need for change in disciplinary procedures within the Defence Forces. [4794/98]
179 Ms Fitzgerald asked the Minister for Defence the number of court martials convened in 1996, 1997 and to date in 1998; the number of persons before these courts and the outcome in this regard; and his views on the need for change in disciplinary procedures within the Defence Forces. [5214/98]
I propose to take Questions Nos. 130, 142 and 179 together.'
As part of the answer is in the form of a tabular statement, I propose to circulate it in the Official Report.
There are significant differences between the Irish and British court martial systems. Irish military personnel, in common with all other citizens, have rights arising from our written Constitution. This constitional jurisprudence has been applied increasingly in the military legal sphere in recent years. Also, the Courts Martial Appeal Court, which is a civil court, has full appellate jurisdiction over the finding and sentence of any court martial. It is considered that our court martial system conforms with the requirements of the European Convention on Human Rights for a fair and public hearing by an independent and impartial tribunal established by law. I do not consider that any legislative change is required to the court martial system as operated currently.
The details of any changes that may be taking place in the British court marital system are not yet to hand. However, when these become available they will have full consideration in my Department and if it is considered that some changes in our system might be desirable, then these changes will be made.
Statement
|
Courts Martial |
1996 |
1997 |
1998 (to 20 February 1998) |
|
|
(a) |
Number of Courts Martial |
18 |
11 |
1* |
|
(b) |
Number of Personnel before the Courts |
19 |
11 |
1 |
|
(c) |
Outcome |
|||
|
Convicted |
16 |
10 |
1 |
|
|
Nolle Prosequi |
2 |
– |
– |
|
|
Acquitted |
1 |
– |
– |
|
|
Adjourned |
– |
1 |
||
|
– |
