Committee Reports::Report and Proceedings - Defence Bill, 1951::29 April, 1952::Proceedings of the Joint Committee

IMEACHTA AN CHOISTE SPEISIALTA.

THE PROCEEDINGS OF THE SPECIAL COMMITTEE.

Dé Máirt, 29ú Aibreán; 1952.

Tuesday, 29th April, 1952.

1. Chruinnigh an Coiste ar 4 p.m.


2. Comhaltai i Lathair.


Bhí na comhaltaí seo a leanas i láthair:—


An Teachta V. de Valéra (i g Ceannas), an tAire Cosanta, na Teachtaí Ó Braonáin, Mac Artúir, Ó Colla, S. Ó Coileáin, Ó Comhdhain, Ó Gallchobhair agus Hilliard.


3. Breithniu an Bhille.


D’athchrom an Coiste ar an mBille a bhreithniú.


(i) Alt 191.


Leasú tairgthe (An Teachta Ó Comhdhain):


“In subsection (2) to delete all words after the word ‘minimum’ in line 33 to the end of the subsection and substitute ‘the convening authority may appoint the senior member of the court-martial to be president of the court-martial and the trial may proceed accordingly’.”


Ceist curtha, agus diúltaithe.


Alt aontaithe.


(ii) Alt nua.


Leasú tairgthe (An Teachta Ó Comhdhain):


“Before section 192 to insert a new section as follows:—


‘Every court-martial shall be a public court and shall be held in public but the court-martial may, in the interests of justice and on the application of an accused person, exclude a witness during the hearing or during any particular part of the hearing.”


Leasú, faoi chead, tarraingthe siar.


(iii) Alt 192 aontaithe.


(iv) Alt 193.


Leasú tairgthe (An Teachta Ó Comhdhain):


“To delete subsection (1) and substitute:—


‘(1) A court-martial may, for the purpose of any deliberation or the consideration of any matter, retire from the Courtroom. Where the court-martial so retires they shall be accompanied by the Judge-Advocate and officers under instruction at the court-martial and by no other person’.”


Leasú, faoi chead, tarraingthe siar.


Alt aontaithe.


(v) Ailt 194 agus 195 aontaithe.


(vi) Alt 196.


Leasú tairgthe (An Teachta Ó Comhdhain):


“To delete subsection (2) and substitute:—


‘(2) Sentence of death shall not be awarded by a courtmartial unless the court-martial are unanimous’.”


Ceist curtha: rinne an Coiste vótáil:


Tá, 1; Níl, 7.


Tá:—An Teachta Ó Comhdhain.


Níl:—Aire Cosanta, na Teachtaí Ó Braonáin, Mac Artúir, Ó Colla, S. Ó Coileáin, Ó Gallchobhair agus Hilliard.


Faisnéiseadh dá réir sin go rabhthas tar éis diúltú don Cheist.


Alt aontaithe.


(vii) Ailt 197 go 205 go huile, aontaithe.


(viii) Alt 206.


Leasú tairgthe (An Teachta Ó Comhdhain):


“To delete subsection (2).”


Leasú, faoi chead, tarraingthe siar.


Alt aontaithe.


(ix) Alt 207.


Leasú tairgthe (An Teachta Ó Comhdhain):


“In subsection (1), delete ‘F. Where the offender holds commissioned naval rank, dismissal from the ship to which he belongs’, lines 15 and 16.”


Leasú, faoi chead, tarraingthe siar.


Leasú tairgthe (An Teachta Ó Comhdhain):


“In subsection (5), line 48, to delete ‘shall’ and substitute ‘may’.”


Ceist curtha, agus diúltaithe.


Leasú tairgthe (An Teachta Ó Comhdhain):


“In subsection (5), before ‘and’ line 51, to insert ‘or dismissal from the Defence Forces’.”


Ceist curtha, agus aontaithe.


Alt, mar a leasaíodh, aontaithe.


(x) Alt 208.


Leasú tairgthe (An Teachta Ó Comhdhain):


“In subsection (6), line 6, to delete ‘shall’ and substitute ‘may’.”


Ceist curtha, agus diúltaithe.


Leasú tairgthe (An Teachta Ó Comhdhain):


“In subsection (6), line 8, before ‘and’ to insert ‘or dismissal from the Defence Forces’.”


Leasú, faoi chead, tarraingthe siar.


Alt aontaithe.


(xi) Ailt 209 agus 210 aontaithe.


(xii) Alt nua.


Leasú tairgthe (An Teachta Ó Comhdhain):


“Before section 211 to insert a new section as follows:—


‘Where a person has been convicted by a court-martial of an offence against military law the court-martial may, in view of the previous good and faithful service of such person, instead of awarding any sentence, record that, in view of the previous good and faithful service of such person, no sentence be awarded and such finding shall not require confirmation or revision and shall be pronounced at once in open court’.”


Tharla Díospóireacht.


Breithniú breise ar an mBille curtha ar athló.


4. Ordaithe: An Coiste do dhul ar athló ó 6 p.m. go 7.30 p.m.


Chruinnigh an Coiste arís ar 7.30 p.m.


5. Comhaltai i Lathair.


Bhí na comhaltaí seo a leanas i láthair:—


An tAire Cosanta, na Teachtaí Ó Braonáin, Ó Colla, S. Ó Coileáin, Ó Comhdhain, Ó Dabhoireann agus Hilliard.


6. Cathaoirleach Sealadach a Thoghadh.


Thairg an Teachta Ó Comhdhain:—


“That Deputy Hilliard act as Chairman of this meeting of the Committee.”


Ceist curtha, agus aontaithe.


Chuaigh an Teachta Hilliard i gCeannas dá réir sin.


7. Breithniu an Bhille.


D’athchrom an Coiste ar an mBille a bhreithniú.


(i) Alt nua.


Do hathchromadh ar an Díospóireacht ar an leasú seo a leanas a thairg an Teachta Ó Comhdhain inniu:


“Before section 211 to insert a new section as follows:—


‘Where a person has been convicted by a court-martial of an offence against military law the court-martial may, in view of the previous good and faithful service of such person, instead of awarding any sentence, record that, in view of the previous good and faithful service of such person, no sentence be awarded and such finding shall not require confirmation or revision and shall be pronounced at once in open court’.”


Leasú, faoi chead, tarraingthe siar.


(ii) Ailt 211 go 217 go huile, aontaithe.


(iii) Alt 218.


Leasú tairgthe (An Teachta Ó Comhdhain):


“In subsection (1) to delete paragraph (b), lines 37 to 50.”


Leasú, faoi chead, tarraingthe siar.


Alt aontaithe.


(iv) Alt 219.


Leasú tairgthe (Aire Cosanta):


“In subsection (1), paragraph (b), page 96, line 44 to insert ‘in whole or in part’ after ‘punishment.’”


Ceist curtha, agus aontaithe.


Alt, mar a leasaíodh, aontaithe.


(v) Ailt 220 agus 221 aontaithe.


(vi) Alt nua.


Leasú tairgthe (Aire Cosanta):


“Before section 222 to insert a new section as follows:—


‘(1) Where the finding and sentence of a court-martial in respect of an accused person have been confirmed and it appears to the Minister that the proceedings of the courtmartial were illegal, the Minister shall quash the finding, and thereupon the following provisions shall have effect:—


(a) the whole of the sentence passed by the court-martial shall cease to have effect;


(b) the Minister may at the same time direct that the accused be tried again for the offence which was the subject of the finding, and in such case the accused may, notwithstanding anything in this Act or any rule of law, be tried by court-martial for such offence and if found guilty punished therefor.


(2) Where the finding and sentence of a court-martial in respect of an accused person have been confirmed and it appears to the Minister that the accused was wrongfully convicted, the Minister may quash the finding of guilty, and thereupon the following provisions shall have effect:—


(a) if no other finding of guilty by the court-martial in respect of the accused remains, the whole of the sentence passed by the court-martial shall cease to have effect;


(b) if—


(i) another finding (in this subsection referred to as the remaining finding) of guilty by the court-martial in respect of the accused remains, and


(ii) any punishment (in this subsection referred to as the original punishment) included in the sentence passed by the court-martial is in excess of the punishment authorised by this Act in respect of the remaining finding or is, in the opinion of the Minister, unduly severe, he may, subject to paragraph (c) of this subsection, substitute another punishment (in this subsection referred to as the substituted punishment) and the substituted punishment shall have effect as if it had been awarded by the court-martial and had been duly confirmed;


(c) the following provisions shall apply in relation to the substituted punishment:—


(i) it shall not be a punishment which could not have been awarded by the court-martial to the accused in respect of the remaining finding.


(ii) it shall not be higher in the scale to subsection (1) of section 207 or subsection (1) of section 208 (whichever of those subsections is appropriate) than the original punishment,


(iii) if the sentence passed by the court-martial included penal servitude, the substituted punishment, if penal servitude, shall not involve a period of penal servitude exceeding the period comprised in the sentence,


(iv) if the sentence passed by such court-martial included penal servitude, the substituted punishment, if imprisonment or detention, shall not involve a period of imprisonment or detention exceeding the period comprised in the sentence,


(v) if the sentence passed by such court-martial included detention, the substituted punishment, if detention, shall not involve a period of detention exceeding the period comprised in the sentence,


(vi) where the substituted punishment is detention and the original punishment is imprisonment, the term of detention from the date of substitution shall in no case exceed the term of imprisonment remaining to be served’.”


Ceist—“Go gcuirtear an t-alt nuaisteach ansin”—curtha, agus aontaithe.


(vii) Alt 222 scriosta.


(viii) Alt 223.


Leasú tairgthe (An Teachta Ó Comhdhain):


“In subsection (5), line 2, page 99, to delete ‘, other than the offender or any one claiming through him’.”


Leasú, faoi chead, tarraingthe siar.


Alt aontaithe.


(ix) Alt 224.


Leasú tairgthe (An Teachta Ó Comhdhain):


“In subsection (1), line 14, to delete ‘four pence’ and substitute ‘one half-penny’.”


Leasú, faoi chead, tarraingthe siar.


Alt aontaithe.


(x) Alt nua.


Leasú tairgthe (An Teachta Ó Comhdhain):


“Before section 225 but in Chapter VII to insert a new section as follows:—


‘(1) Where a sentence passed by a court-martial has been confirmed the person sentenced may within seven days after the promulgation of the sentence appeal to the Court of Criminal Appeal against his conviction and sentence or against the sentence only.


(2) The appeal under this section shall be made in accordance with Rules to be made by the Court of Criminal Appeal.


(3) Where an appeal has been made under this section the Adjutant General shall forward to the Registrar Court of Criminal Appeal three copies of the proceedings of the court-martial including the proceedings with respect to revision and confirmation and exhibits, and shall at the same time forward to the prosecutor and to the accused or his counsel one copy of the same.


(4) The appeal shall be heard and determined by the Court of Criminal Appeal in the same way as an appeal from the Central Criminal Court and the person appealing shall have all the rights of an accused person appealing against the finding and or sentence of the Central Criminal Court’.”


Ceist—“Go gcuirtear an t-alt nuaisteach ansin”—curtha: rinne an Coiste vótáil: Tá, 1; Níl, 5.


Tá:—An Teachta Ó Comhdhain.


Níl:—Aire Cosanta, na Teachtaí Ó Braonáin, Ó Colla, Ó Dabhoireann agus Hilliard.


Faisnéiseadh dá réir sin go rabhthas tar éis diúltú don Cheist.


(xi) Ailt 225, 226 agus 227 aontaithe.


(xii) Alt 228.


Leasú tairgthe (An Teachta Ó Comhdhain:


“In line 15, to delete the words ‘or is released without proper authority’.”


Leasú, faoi chead, tarraingthe siar.


Alt aontaithe.


(xiii) Ailt 229 go 237 go huile, aontaithe.


(xiv) Alt 238.


Leasú tairgthe (An Teachta Ó Comhdhain):


“In subsection (1), paragraph (c), line 10, to delete ‘and constitution’.”


Leasú, faoi chead, tarraingthe siar.


Alt aontaithe.


(xv) Alt 239.


Leasú tairgthe (An Teachta ÓComhdhain):


“In line 48, before ‘accepts’ to insert ‘voluntarily’.”


Leasú, faoi chead, tarraingthe siar.


Alt aontaithe.


(xvi) Alt 240 aontaithe.


Breithniú breise ar an mBille curthaar athló.


8. Athla.


Chuaigh an Coiste ar athló ar 9.30 p.m. go 7.30 p.m. amárach.