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Minister for Justice, Equality and Defence, Mr. Alan Shatter, T.D.
Announces his Intention to Publish the Defence (Amendment) Bill 2011


The Minister for Justice, Equality and Defence, Mr. Alan Shatter, T.D., received the approval of the Government on 28th June 2011 to publish the Defence (Amendment) Bill 2011. The Minister will introduce the Bill in Seanad Éireann on Wednesday 6 July 2011.

The Defence (Amendment) Bill 2011 provides for amendments to the Defence Acts to expand the potential candidature for appointment to the post of Military Judge and the Director of Military Prosecutions to persons other than members of the Defence Forces and for an amendment to the powers of the Selection Committee to determine a candidate’s qualification for appointment to these posts. In relation to the alternative judge, it also provides for the appointment of a Circuit Court Judge to perform the functions of the Military Judge where the Military Judge is not available for whatever reason.

Subsequent to the enactment of the Defence (Amendment) Act 2007, which modernised the military justice system, a number of issues were identified which needed to be addressed to ensure the smooth operation of that system. The first of these concerns the provisions relating to the posts of Director of Military Prosecutions and Military Judge. To qualify for appointment to either post, a person must be an officer of the Permanent Defence Force who is a practising barrister or a practising solicitor of not less than 10 years standing. This qualification criteria means that there are limited qualified personnel in the Permanent Defence Forces for these posts. The second issue relates to the post of Military Judge. Concerns have been raised that if an officer appointed as a Military Judge had a previous involvement in a case, or is ill or absent or otherwise unable to carry out his or her functions, it may give rise to the need for the availability of an alternative judge. Such a scenario is not provided for at present. The Defence (Amendment) Bill 2011 being published today seeks to address these issues.

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