Breeda Moynihan-Cronin
Ceist:71 Mrs. B. Moynihan-Cronin asked the Minister for Defence the proposals, if any, he has to reform the system of courts-martial as it currently operates; and if he will make a statement on the matter. [18093/98]
Written Answers - Courts-Martial.
Irish military personnel, in common with all other citizens, have rights arising from our written Constitution. This constitutional 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.
Discipline in the Defence Forces is governed by the provisions of Part V, Defence Act, 1954, as amended and regulations and rules made thereunder. Military law provides for the summary treatment of minor offences and for trial by court martial in relation to serious offences. Obedience to orders is an integral part of military life. Therefore disobedience to orders is regarded as a serious offence.
A court-martial is a court of law. Its procedures are not unlike those followed in the civil courts. A person tried by court martial can be represented by an officer of the Defence Forces or by a civilian solicitor or barrister-at-law. A right of appeal lies to the Courts-Martial Appeal Court, which is composed of one Supreme Court Judge and two High Court Judges. The appeal court has power to affirm or reverse the conviction in whole or in part and to remit, reduce or increase the sentence. There is also provision for petitioning against sentence to the Adjutant-General of the Defence Forces and to the Minister for Defence. 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.