Legislation to follow report on Defence Forces personnel charged with crimes

Legislation to follow report on Defence Forces personnel charged with crimes

A new “rapid response protocol” is to be established for Defence Forces personnel who are charged with serious criminal offences in the civilian courts following a report by Peter Ward SC.

Mr Ward was appointed in June to undertake a high-level analysis of the application of military law and processes in circumstances where personnel have been convicted or charged in the civil courts.

He was asked to come back with an outcome of this high-level analysis along with any recommendations, and any enhanced powers that may be necessary to improve processes, regulations, legislation and reporting arrangements.

Mr Ward’s 71-page report, which contains 35 recommendations, was submitted to Tánaiste and defence minister Micheál Martin in October and has now been published.

In a statement earlier this week, Mr Martin said: “I would like to thank Mr Ward for the comprehensive report. While it is clear that the breadth of the 35 recommendations will require significant amendments to primary legislation, and this will take time, I am accepting them in their entirety, and they will be implemented.

“I wish again to make it absolutely clear that the transformational agenda underway in the Defence Forces will continue. The publication of this report today demonstrates the continued commitment to a zero-tolerance approach to any criminal activity, and to build on the work already done to address gaps in the Defence Forces structures in the handling of such cases.

“My officials, together with the military authorities will now be looking at taking these recommendations forward.

“In the meantime, the instruction I gave earlier this year will remain in place, that any serving personnel in the Defence Forces who are the subject of cases involving serious assault, sexual assault or rape will be placed on local or special leave, with immediate effect, and on a without prejudice basis.”

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