SEANAD ÉIREANN

AN BILLE COSANTA (LEASÚ) (UIMH. 2) 2006 DEFENCE (AMENDMENT) (NO. 2) BILL 2006

LEASUITHE COISTE COMMITTEE AMENDMENTS

[No. 69 of 2006] [08 February, 2007] [Printers Reference] SEANAD ÉIREANN

AN BILLE COSANTA (LEASÚ) (UIMH. 2) 2006 —AN CHOISTE

DEFENCE (AMENDMENT) (NO. 2) BILL 2006 —COMMITTEE STAGE

Leasuithe Amendments

*Government amendments are distinguished by an asterisk

SECTION 1

*1. In page 7, subsection (2), line 34, after “provisions” to insert the following:

“, including the application of sections 4(2), 10 and 11 to different enactments specified in Schedules 2, 3 and 4 respectively and to different provisions of those enactments”.

SECTION 18 2. In page 16, line 21, after “by” to insert “or on behalf of”. —Senators , Brendan Ryan, Kathleen O'Meara, Derek McDowell, Michael McCarthy.

3. In page 16, line 26, after “by” to insert “or on behalf of”. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O'Meara, Derek McDowell, Michael McCarthy.

SECTION 33 4. In page 41, line 39, after “of” to insert “and in the name of”. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O'Meara, Derek McDowell, Michael McCarthy.

SECTION 34 5. In page 44, line 35, to delete “recommendation of the Minister” and substitute “advice of the Government”. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O'Meara, Derek McDowell, Michael McCarthy, .

6. In page 44, line 37, after “judge” to insert the following:

“and where more than one such judge is appointed, may so appoint one such judge to be Chief Military Judge”. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O'Meara, Derek McDowell, Michael McCarthy.

[No. 69 of 2006] [08 February, 2007] [ SECTION 34 ]

*7. In page 45, lines 9 and 10, to delete “and informing the Minister of their suitability” and substitute the following:

“and informing the Government of the suitability of those officers”.

*8. In page 45, line 23, after “appointment” to insert the following:

“and the Government shall consider for appointment the officer or officers so selected”.

9. In page 46, line 12, after “his” to insert “or her”. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O'Meara, Derek McDowell, Michael McCarthy.

*10. In page 47, to delete lines 7 to 9 and substitute the following:

“184N.—(1) The President may appoint, on the advice of the Government, a military judge to be the Chief Military Judge.”.

11. In page 47, to delete lines 7 to 9. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O'Meara, Derek McDowell, Michael McCarthy.

12. In page 47, line 20, to delete “recommendation” and substitute “advice”. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O'Meara, Derek McDowell, Michael McCarthy.

SECTION 41 13. In page 53, to delete lines 6 and 7. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O'Meara, Derek McDowell, Michael McCarthy.

SECTION 44 14. In page 57, line 17, after “remain” to insert the following:

“and shall prohibit any publication, broadcast or dissemination of anything which could identify the complainant or, unless he or she is convicted, the accused person”. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O'Meara, Derek McDowell, Michael McCarthy.

SECTION 53 15. 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”. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O'Meara, Derek McDowell, Michael McCarthy.

16. In page 62, line 29, after “committed,” to insert the following:

“or in the event of that person being deceased or inacpacitated, by the next of kin or a person nominated by the next of kin,”. —Senator Paul Bradford.

2 [ SECTION 53 ]

17. In page 62, line 31, to delete “committed” and substitute the following:

“committed, his or her next of kin, or a person nominated by his or her next of kin,”. —Senator Paul Bradford.

SECTION 58

*18. In page 66, to delete lines 14 and 15 and substitute the following:

“D. Detention—

(a) in the case of a general court-martial or limited court-martial, for any term not exceeding two years,

(b) in the case of a summary court-martial, for any term not exceeding six months,

with or without forfeiture of all pay or any part thereof.”.

SECTION 61

*19. In page 71, to delete lines 1 to 19 and substitute the following:

“(9) (a) A summary court-martial or the military judge presiding at a general court-martial or limited court-martial, as the case may be, to which a person is remanded under subsection (8) of this section shall revoke the order unless the military judge considers that revocation of that order would be unjust in all the circumstances of the case.

(b) Where the military judge revokes that order, the person shall be required to serve the entire of the sentence of imprisonment or detention originally awarded, or such part of the sentence as the military judge considers just having regard to all the circumstances of the case, less any period of that sentence already served and any period spent in custody (other than a period during which the person was serving a sentence of imprisonment or detention in respect of an offence referred to in subsection (8) of this section) pending revocation of the said order.”.

SECTION 63

*20. In page 74, to delete lines 30 to 38 and substitute the following:

“(7) Where the military judge considers that—

(a) it would be appropriate both to award a fine under section 209 or 210, as the case may be, and to make an order under this section, but

(b) the convicted person has insufficient means to pay both an appropriate fine and appropriate compensation,”.

*21. In page 75, line 17, to delete “Court-Martial” and substitute “Courts- Martial”.

3 [ SECTION 70 ]

SECTION 70

*22. In page 79, lines 16 and 17, to delete “with respect to courts-martial”.

SECTION 71 23. In page 79, line 33, after “as” to insert the following:

“Coiste Rialacha na nArmchúirteanna or in the English language as”. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O'Meara, Derek McDowell, Michael McCarthy.

24. In page 80, lines 16 and 17, to delete “the Director General of the Office of”. —Senators Joanna Tuffy, Brendan Ryan, Kathleen O'Meara, Derek McDowell, Michael McCarthy.

*25. In page 80, line 23, to delete “Forces” and substitute “Force”.

SCHEDULE 1

*26. In page 81, paragraph 2, lines 35 and 36, to delete “of Military Prosecutions”.

SCHEDULE 4

*27. In page 88, between lines 5 and 6#, to insert the following: “

New section Insert the following section after section 27:

“Legal aid (case stated) certificate.

27A.—(1) Where—

(a) a person appeals to the summary court-martial under section 178E (inserted by the Defence (Amendment) Act 2007) of the Act of 1954 and the military judge before whom the appeal is heard refers a question of law arising in the proceedings to the Court pursuant to section 22A of this Act, and

(b) a certificate for free legal aid (in this Part of this Act referred to as ‘a legal aid (case stated) certificate’) is granted in respect of the person by the prescribed authority or under subsection (3) of this section,

the person shall be entitled to free legal aid in the preparation and conduct of his case in relation to the case stated and to have a solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 33 of this Act.

(2) A legal aid (case stated) certificate shall be granted in respect of the person concerned if (but only if)—

(a) application is made therefor,

(b) it appears to the prescribed authority that the means of the person are insufficient to enable him to obtain legal aid, and

4 [ SCHEDULE 4 ]

(c) it appears to the prescribed authority that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (case stated) certificate should be granted in respect of the person.

(3) Where, in relation to a case stated, a person is refused a legal aid (case stated) certificate by the prescribed authority, he may apply for the certificate to the Court either—

(a) by letter addressed to the registrar of the Court setting out the facts of the case and the grounds of the application, or

(b) to the Court itself,

and the Court shall grant the certificate if (but only if)—

(i) it appears to the Court that the means of the person are insufficient to enable him to obtain legal aid, and

(ii) it appears to the Court that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (case stated) certificate should be granted in respect of the person. ”.

[# Note: A printing error has resulted in incorrect line references in page 88 of the Bill. The line references in this amendment relate to the actual number of lines of text contained in page 88 of the bill.]

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