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Smith, Michael

Tuesday, 3 December 2002

Dáil Éireann Debate
Vol. 558 Nbr. 4


Supplementary Estimate: Leave to Introduce.

I move:More Button

That leave be given by the Dáil to introduce the following Supplementary Estimate for the service for the year ending on the 31st day of December, 2002:–More Button

Vote 35 – Arts, Sport and Tourism (Second Supplementary Estimate).More Button

Estimates for Public Services, 2002.

I move the following Supplementary Estimate:More Button

Estimates for Public Services, 2002: Referral to Select Committee.

I move:More Button

That, subject to leave being given to introduce the following Supplementary Estimate for the service for the year ending 31st December, 2002, the Supplementary Estimate be referred to the Select C...More Button

Vote 35 – Arts, Sport and Tourism (Second Supplementary Estimate).More Button

Written Answers. - Courts Martial.

Was asked: the percentage of persons tried before courts martial who are represented by practising solicitors or barristers; and the percentage by Army officers.More Button

Was asked: the identity of the confirming authority for sentences and convictions at courts martial; and if, in view of a case (details supplied), his views on whether the current law and procedures conform t...More Button

Was asked: the current statistics for trials before the courts martial; the offences involved; the percentage of acquittals; and the penalties imposed.More Button

Was asked: if his power to quash convictions and sentences under section 224 of the Defence Act, 1954, is still exercised.More Button

Was asked: the dates of the last trials before courts martial under military law of persons in respect of offences relating to persons or the property of persons not subject to military law.More Button

Was asked: if there is an appeal against leniency of sentence in a court martial either to the confirming authority or the courts martial appeals court; and if not, if he intends to introduce such an appeal.More Button

Was asked: the procedures governing the appointment and functions of the Judge Advocate General; and the publications in which these can be found.More Button

Was asked: the person who in practice makes the selection of officers to serve on courts martial; and if he has satisfied himself, in view of cases (details supplied) before the European Court of Human Rights...More Button

Was asked: the latest statistics on the number and type of offences disposed of summarily by officers of the Defences Forces under the Defence Act, 1954; the penalties imposed; and if he has satisfied himself...More Button

I propose to take Questions Nos. 156 to 164, inclusive, together.More Button

I have been advised by the military authorities that eight persons have been tried by courts martial during the period from 1 January 2002 to 31 October 2002. Three were represented by a solicitor-...More Button

The defendants in these eight courts martial in 2002 were awarded the following sentences: two were reprimanded and fined €75; one was severely reprimanded and fined €150; two were awarde...More Button

Between 1 January, 2002 and 31 October 2002, 789 charge sheets were disposed of summarily by officers of the Defence Forces. Penalties awarded ranged from a maximum of 28 days detention to a minimu...More Button

I am satisfied that the current system of summary disposal of charges by officers of the Defence Forces is fair to the accused. It has not, to date, been the subject of any challenge before the Eur...More Button

The confirming authority for sentences and convictions is normally the convening authority and is therefore outside of the chain of command of both the accused and the members of the courts martial...More Button

The power of the Minister of Defence to quash convictions and sentences of courts martial, as provided for in section 224, has not been exercised in relation to either the finding or the sentence o...More Button

There is no appeal to either the confirming authority or to the courts martial Appeal Court against the leniency of the sentence of a courts martial. However, if an accused appeals to the courts ma...More Button

The position of Judge Advocate-General is a civilian position with the Defence Forces. The appointment is provided for under section 15 of the Defence Act, 1954. The Judge Advocate-General must be ...More Button

In the Defence Forces, it is the responsibility of the convening authority to appoint the members of a courts martial. The cases raised by the Deputy refer to the courts martial system in the Unite...More Button

Written Answers. - Departmental Properties.

Was asked: if he will identify by location, acreage and other details, the State properties in his Department which are being considered for sale or are available for sale at present.More Button

The Government, on 15 July 1998, approved a programme of evacuation and sale of six barracks considered surplus to military requirements. The barracks in question are located at Fermoy, Castleblayn...More Button

Agreement has been reached for the sale of approximately 91 acres of the total lands comprising 138 acres at Murphy Barracks, Ballincollig, and it is hoped to close the sale shortly. Negotiations a...More Button

In addition to the foregoing properties, agreements have also been reached for the sale of the following: 3.0192 acres at Sarsfield Barracks, Limerick, to Limerick City Council for €1.162 mill...More Button

A number of smaller surplus properties are also being sold to various individuals and local authorities etc. In addition to the foregoing properties which are surplus to requirements and in the con...More Button

Written Answers. - Defence Forces Deployment.

Was asked: the complete command structure the seven members of the Irish Defence Forces currently serving in Afghanistan report to after they report to the Turkish Major General commanding ISAF.More Button

On 2 July 2002, the Government authorised the despatch of seven members of the Permanent Defence Force for service, for a period of one year, with the International Security Assistance Force, ISAF,...More Button

The seven Irish personnel, who are deployed in ISAF HQ in Kabul, report to the Commander of ISAF, COMISAF. The position of COMISAF is currently held by a Turkish Major General as Turkey holds lead ...More Button

Written Answers. - Language Equality.

Was asked: the additional costs which have arisen from the obligations on his Department in relation to the adoption by the Government in July 2002 of official language equality as one of the three new princi...More Button

The total cost incurred to date by my Department and the Defence Forces is €5,828.80. These costs are in respect of translation and printing services.More Button