Press release
Tánaiste and Minister for Defence Micheál Martin publishes report by Peter Ward SC.
Published on
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Published on
Last updated on
The Tánaiste and Minister for Defence Micheál Martin today published a report into the application of military law in cases where personnel serving in the Defence Forces have been convicted of serious offences in the civil courts.
Earlier this year, the Chief of Staff reported that 68 members of the Defence Forces had either been convicted or were before the courts for a range of offences.
Following that report, the Tánaiste appointed Peter Ward, Senior Counsel on 28 June to undertake a high-level analysis of the application of military law and processes in these circumstances where personnel have been convicted or charged in the civil courts.
Mr. Ward 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 Report, which contains 35 recommendations, was submitted to the Tánaiste on 7 October and has been considered by him and his officials, in consultation with the Office of the Attorney General.
Expressing gratitude for the work of Mr. Ward, the Tánaiste 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.”
1. On 28 June 2024, the Tánaiste and Minister for Defence Micheál Martin announced the appointment Peter Ward SC to urgently examine the management and administration of cases involving Defence Forces personnel charged or convicted of criminal offences. Mr Ward was asked to revert to the Tánaiste with recommendations on the management of these cases and any enhanced powers that may be necessary to improve processes, regulations, legislation and reporting arrangements. (The full terms of reference of Mr Ward’s inquiry, which commenced in July 2024, are set out in chapter one of his report).
2. In the course of his inquiry, Mr Ward had full access to and the cooperation of the Chief of the Staff of the Defence Forces and his senior officers as well as the Secretary General of the Department of Defence and her senior officials, including the legal adviser to the Department of Defence and the Director of Legal Services to the Defence Forces.
3. Mr Ward’s report was completed on 7 October 2024 and submitted to the Tánaiste. Having considered the report in its entirety, in consultation with the Office of Attorney General, and having particular regard to the conclusions and recommendations, the Tánaiste has accepted the recommendations and committed to their implementation. In that regard, he has instructed his officials and the military authorities to take the recommendations forward.
4. Chapter four of Mr Ward’s report sets out his conclusions and recommendations. A total of 35 recommendations, a significant number of which will require legislative (both primary and secondary) change. The recommendations address both the overall management and oversight of personnel charged or convicted of criminal convictions as well as the management of individual cases under the following eleven headings, viz:
a. rapid response protocol
b. overall management and oversight processes within the Defence Forces and the provision of such information to the Minister
c. allegations that do not result in charges in the civil courts
d. notification of charges or allegations of serious criminal offences to the Defence Forces
e. consistency in the application of the governing law
f. leave and/or suspension pending conclusion of trial
g. the obligation on the member of the Defence Forces to inform his or her Commanding Officer of a criminal charge
h. the role of the liaison officer
i. conclusion of the legal process in the civil courts
j. An Garda Síochána and the Courts Service
k. Information and training