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Dáil Éireann díospóireacht -
Thursday, 12 Dec 2002

Vol. 559 No. 3

Written Answers. - Defence Forces Personnel.

Aengus Ó Snodaigh

Ceist:

74 Aengus Ó Snodaigh asked the Minister for Defence the names of all those who were dismissed from the Defence Forces in 1973 and 1974. [26258/02]

Aengus Ó Snodaigh

Ceist:

76 Aengus Ó Snodaigh asked the Minister for Defence if it is or was the normal practice to dismiss soldiers from the Defence Forces without allowing them recourse to courts of inquiry or courts martial. [26260/02]

Aengus Ó Snodaigh

Ceist:

77 Aengus Ó Snodaigh asked the Minister for Defence the number of members of the Defence Forces who were dismissed since 1970 without being court-martialled or without having recourse to some form of legal hearing. [26261/02]

I propose to take Questions Nos. 74, 76 and 77 together.

It is not the policy of this Department to disclose the names of military personnel who were discharged from the Defence Forces. Statistics in relation to the numbers of military personnel who were compulsorily discharged since 1970, without being court-martialled or without having recourse to some form of legal hearing, are not readily available.

Defence Forces regulations A10, paragraph 58, provides for the circumstances in which an enlisted individual may be discharged from the Defence Forces. Some examples of situations which could lead to compulsory discharge would be where personnel are below medical standards, cases of misconduct, conviction by civil courts etc. Enlisted personnel who find themselves liable to compulsory discharge are provided with a statement of reasons for such discharge and are afforded a mechanism of appeal and representation under relevant administrative instructions. Serving members of the Defence Forces also have access to the complaints and redress of wrongs procedures available under section 114 of the Defence Act, 1954.

Persons compulsorily discharged under such circumstances or with such discharge pending have a right to seek redress through the civil courts.

Aengus Ó Snodaigh

Ceist:

75 Aengus Ó Snodaigh asked the Minister for Defence the names and total number of members of the Defence Forces who were held in the military installations on Spike Island, County Cork, in the 1970s. [26259/02]

It is not the policy of this Department to disclose the names of military personnel who were held on Spike Island. Details in relation to the total numbers of military personnel detained on Spike Island during the 1970s are not readily accessible. However, I have requested the military authorities to examine any available records from the period and I will revert to the Deputy in the matter.

Questions Nos. 76 and 77 answered with Question No. 74.

Question No. 78 answered with Question No. 20.

Aengus Ó Snodaigh

Ceist:

79 Aengus Ó Snodaigh asked the Minister for Defence the process by which a member of the Defence Forces can challenge inaccurate, unsubstantiated, rumour, hearsay or unproven allegations and to have them removed from his/her personnel file while still a serving member, or afterwards when they return to civilian life, where such comments and so on would be detrimental to their gaining appropriate employment. [26263/02]

An individual may have recourse to the statutory provisions of the Freedom of Information Act in relation to personal documents and records relating to him/her, subject to the types and categories of restriction which are provided for by that legislation. An individual also has a right of appeal to the Information Commissioner under the Act in cases where access sought is denied by the relevant authority.

Serving members of the Defence Forces have access to the complaints and redress of wrongs procedures available under section 114 of the Defence Act, 1954. More generally, serving members of the Defence Forces have the right of audience before the courts in the pursuit of legal action.

Questions Nos. 80 to 83 inclusive, answered with Question No. 20.

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