The disciplinary regime within the Defence Forces is to be radically overhauled and made more independent in order to bring it into line with international human rights practices. Conor Lallyreports.
Under new measures announced last night by the Minister for Defence, Willie O'Dea, a new independent military judge and a director of prosecutions are to be appointed.
Members of the Army, Naval Service and Air Corps will also for the first time have the right to appeal against a summary court martial. Currently an appeal can only be mounted in cases where the sanction is a financial penalty.
Mr O'Dea said the changes were being proposed because of the long-accepted need to bring Irish military procedures into line with international developments in recent years.
"[ I am] strongly of the view that these changes to the Defence Act are both necessary and desirable in order to ensure that the military law justice system is both expeditious and fair to the individual," he said.
The changes would ensure that the compliance of the military justice system with the European Convention on Human Rights was "put beyond doubt".
The Defence Forces staff representative association, Pdforra, has welcomed the new measures, which are contained in the Defence (Amendment) (No 2) Bill, 2006.
The association's general secretary, Gerry Rooney, said he was hopeful the measures would introduce some elements contained in civilian law that safeguarded the independence of that system.
"We'll obviously have to have a look at it in detail to see it complies with the European Convention on Human Rights. But from what we know of it, it is positive and we welcome it."
Mr Rooney said the new right of appeal to a summary court martial was a major step forward. He also welcomed the proposal to appoint an independent military judge to decide many issues to do with military prosecutions.
At present issues are decided by a jury of officers. Critics of the system have argued that because these officers report to superiors, the system is not independent of those within the senior ranks.
The new independent military judicial office will be appointed by an independent authority.
The office will have a judicial role similar to a civilian judge. The holder will determine legal issues, decide sentence, and have the power to suspend custodial sentences. They will review custody and decide legal aid applications.
Among the other changes is the establishment of a new independent director of military prosecutions. The holder will work in a similar manner to the DPP in the civilian system in deciding on all issues relating to the prosecution of offences before courts-martial. The new office is being established to bring as great a degree of independence as possible to the process under which decisions to prosecute are taken.