Before we commence I would like to remind the Senators that a Senator may speak only once on Report Stage, except for the proposer of an amendment who may reply to the discussion on the amendment. Each amendment on Report Stage must be seconded.
Defence (Amendment) (No. 2) Bill 2006: Report and Final Stages.
I move amendment No. 1:
In page 46, line 15, after "his" to insert "or her".
This amendment seeks to include both genders in the Bill. The Minister for Defence, Deputy O'Dea, said previously that he was advised by the parliamentary draftspeople to leave the wording as it is in the parent Bill. This amendment will not impact on the parent Bill. The parent Bill could have a reference to the word "his" with the interpretive legislation having this mean "his or her". We could also have the new reference to "his or her", as per our amendment, with the two formats coexisting. I would like to hear the Minister's thoughts on why he feels he should not accept our amendment.
I second the amendment.
When this matter was raised on Committee Stage I undertook to consider it between then and the debate in the Dáil, but as the amendment has been raised again here, I have once more taken the advice of the Office of Parliamentary Counsel on the matter. There are many possible approaches to amending Acts that have not been gender proofed and each instance is examined on its own merits, rather than adopting a blanket approach. I am advised in this case that it would be difficult to avoid the use of the pronoun in every instance by referring to the person everywhere, given this is a piecemeal amendment of the Defence Act 1954.
If the "he or she" style were to be adopted in this case it would interfere with the integrity of the Defence Act 1954 because the provisions of that Act that are unaffected by this Bill would continue to read "he" only. If the Act were to be rewritten or consolidated there would be full gender proofing and an effort would be made to avoid personal pronouns where possible. In any case, the Interpretation Act provides that a word importing the masculine gender should be read as also importing the feminine gender. For these reasons I will not accept the amendment.
Is the Minister considering introducing a consolidated Act at a stage? This is not a huge issue but should be seen in light of the fact that the Minister wishes to recruit more women to the Army. A change in legislation might be worthwhile in this regard.
We are taking other measures to encourage women to join the Army but I take the Senator's point. As Senator Tuffy will be aware, this is only part of the legislation that we are introducing, following the first part of the recommendations of the committee. Further legislation will be introduced later to adopt the second part of the committee's proposals and the matter raised by the Senator will be considered in that context.
Amendment, by leave, withdrawn.
I move amendment No. 2:
In page 62, line 29, after "committed" to insert the following:
", or, where such person is incapacitated or deceased, on the application of a person who is the spouse or relative of such person".
We tabled this amendment on Committee Stage and would like to know if the Minister has had further thoughts on the issue.
I second the amendment.
The current provisions were modelled on section 5 of the Criminal Justice Act 1993 rather than on the Criminal Procedure Act 1993 to which I may have referred on Committee Stage, and I apologise for this error.
I am not aware of any amendment made, to date, regarding section 5 of the Criminal Justice Act 1993. While I have no objection to the intention of the proposed amendment, I do not consider it appropriate to depart from the current position in ordinary criminal law. A practice would appear to exist of making it possible for a relative of a deceased person to make a statement rather than its being enshrined for the moment in law. I am aware, however, that there is an ongoing debate regarding the operation of these provisions in ordinary criminal law. It would appear to be appropriate to await the outcome of this debate and reconsider the provisions at that stage, as appropriate.
Amendment, by leave, withdrawn.
Bill received for final consideration.
Question proposed: "That the Bill do now pass."
In marking the passage of this legislation through the Seanad, I thank Senators from all sides of the House who contributed to the debate. The amendments proposed and accepted have improved the Bill. In particular, the provisions relating to the appointment of the military judge and chief military judge benefited from amendment and reflect the status attaching to these positions. The Bill represents a major advancement for the operation of the Irish military disciplinary system. It represents a sensible and practical model, draws on the most recent developments in common law jurisdictions and will serve us well in the years ahead. The measures included are proactive as regards human rights. Crucially, they provide for the effective maintenance of discipline within the Defence Forces.
The measures in the Bill will be welcomed by all members of the Defence Forces and they will ensure that Part V of the Defence Act, which relates to summary procedures in courts martial, complies fully with best practice and human rights norms. I thank all Members for their contributions, which have been most instructive and extremely helpful.
I congratulate the Minister and his staff on the passage of this Bill through the House. I thank the Minister for his readiness to accept amendments on Committee Stage. Unfortunately, I could not attend during Committee Stage, for which I apologise, but note that some of our amendments were accepted, particularly those to ensure military judges would have to be accepted through the Cabinet. This was a significant advance.
The Minister stated in his reply on Second Stage that this legislation had the perusal of the Human Rights Commission, which is very welcome. I congratulate him and his Department on this because it is important that where we introduce modernising legislation on the operation of the court martial system in the Defence Forces, the Human Rights Commission have an oversight function. It is important that it operate to the very highest standards of human rights. It is worth stating, at the conclusion of our consideration of this legislation, that it has the very significant support of the representative organisations within the Defence Forces. It has been greatly helped by the process of consultation.
I thank the Minister and his staff. Like Senator Brian Hayes, I, too, appreciate that some of the Opposition's amendments were accepted on Committee Stage. The Minister has said he will examine further some of the issues we raised, which is also very much appreciated.
I congratulate the Minister and his staff on the Bill. There was much discussion and the Minister took on board the views of many relevant bodies. I compliment him on his acceptance of the very good and constructive amendments tabled by the Opposition parties. He was prepared to take them on board to improve the Bill. It is great to see a Minister taking on board good, worthwhile amendments that will improve a Bill. I welcome this and congratulate the Minister on his performance as Minister for Defence.
I echo the comments of the preceding speakers on congratulating the Minister and his officials on bringing forward this Bill. It is worth noting that the military authorities themselves took the initiative to bring their own legal system into line with best international practices. They are to be congratulated in this regard. It is rare that we have defence legislation in the House and I believe this is the second such Bill in the lifetime of the Government. We have had the Ombudsman legislation and now we have this comprehensive legislation. Those of us who had an opportunity on Second and Committee Stages to examine the legislation can certainly vouch for and endorse its merits. I congratulate the Minister and his officials for drafting the legislation. I join with previous speakers in hoping it goes through the Dáil before the general election in order that it is enacted in the short term.
I again take the opportunity to congratulate the Minister and the Defence Forces, including its personnel both at home and overseas who play such a vital role in defending this State and make a major contribution on the international stage in respect of peacekeeping. We do not get ample opportunity to acknowledge their service and it is only at times such as this, when there is legislation before the Oireachtas, that we can do that. I am sure my fellow Senators will join me in extending congratulations to all concerned. Go raibh maith agaibh.
I move that the sitting be suspended until 3.45 p.m.
Is that agreed? Agreed.
Sitting suspended at 3.35 p.m. and resumed at 3.45 p.m.