Duncan Smith
Ceist:
62. Deputy Duncan Smith asked the Tánaiste and Minister for Defence the number of members of the Defence Forces who have been convicted of crimes under civil and/or military law in the past five years; and of these, the number which remain serving members of the Defence Forces; to provide a breakdown of the types of offences for which these members were convicted; the number of members of the Defence Forces who are currently before the courts (civil and/or military), the categories of offences with which they are charged; and if he will make a statement on the matter. [53623/25]
Amharc ar fhreagra
It has not been possible to collate the information within the required time frame. I will revert to the Deputy when the information requested is available.
The following deferred reply was received under Standing Orders.
I refer to the above-mentioned Parliamentary Question for answer on 6 October 2025:
“To ask the Tánaiste and Minister for Defence the number of members of the Defence Forces who have been convicted of crimes under civil and/or military law in the past five years; and of these, the number which remain serving members of the Defence Forces; to provide a breakdown of the types of offences for which these members were convicted; the number of members of the Defence Forces who are currently before the courts (civil and/or military), the categories of offences with which they are charged; and if he will make a statement on the matter..”
I was previously advised by the Military Authorities that it was not possible to collate the required information in the time available. This information has now been obtained.
Civil Court Appearances
The tables of Annex A capture the data associated with the number of members of the Defence Forces who are currently appearing in civil court, members of the Defence Forces who have been convicted of crimes under civil law and members of the Defence Forces who have been convicted of crimes under civil law and remain in service with effect from 01 July 2024 to 10 Oct 2025.
Defence Forces members have appeared in civil court under eight (8) different categories of offences including public order, assault, sexual offences, domestic violence, road traffic, drug, unlawful possession, money laundering and terrorist financing.
In this context, I am advised that this data, centralised since 01 July 2024, is reliant on the accuracy of the data relating to an appearance before a civil court, as declared to the military authorities.
Current Court-Martial Cases
There are currently seven (7) cases listed on the Court-Martial list which have progressed to varying stages. The categories of offences include both disciplinary and criminal charges. The type of offences before the Court-Martial are as follows:
• Section 168 of the Defence Act - Behaviour contrary to good order and discipline;
• Section 131 of the Defence Act - Disobeying a lawful command;
• Section 133 of the Defence Act - Insubordination or using threatening language.
• Section 159(1)(b) of the Defence Act - Dangerous driving
• Section 169 of the Defence Act (Section 2 of the Non-Fatal Offences against the Person Act 1997 - Assault.
Of the seven (7) cases currently before the Court-Martial, five (5) of the seven cases remain in service, two (2) individuals are now civilians.
Court-Martial Cases concluded in the last five (5) years involving a criminal conviction
The tables of Annex B capture the data as on 10 Oct 2025, associated with the eight (8) Defence Forces members who were convicted of a criminal offence at Court-Martial in the last 5 years. Two (2) of these individuals remain in service.
These Defence Forces members were convicted before a Court-Martial under section 169 of the Defence Act, which refers to the types of criminal offences as laid out below
• Section 2 of the Non-Fatal Offences Against the Person Act 1997 - Assault;
• Section 2 of the Criminal Law (Rape) (Amendment) Act 1990 - Sexual Assault;
• Section 15 of the Non-Fatal Offences against the Person Act 1997 - False Imprisonment.
As the Deputy will be aware, with the passage into law on 10 July 2024, of the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023, people subject to military law who commit specified sexual offences are dealt with by An Garda Síochána and the civilian courts rather than by courts-martial.
Annex A
DEFENCE FORCES PERSONNEL
CURRENTLY APPEARING IN CIVIL COURT*
|
W.E.F. 01 October 2025
|
|
|
Category of Offences
|
|
|
Public Order Offences
|
3
|
|
Assault Offences
|
9
|
|
Sexual Offences
|
3
|
|
Domestic Violence Offences
|
1
|
|
Road Traffic Offences
|
6
|
|
Drugs Offences
|
1
|
|
Total
|
23
|
DEFENCE FORCES PERSONNEL
CONVICTED IN CIVIL COURT*
|
W.E.F. 01 July 2024
|
|
|
Public Order Offences
|
3
|
|
Assault Offences
|
7
|
|
Sexual Offences
|
3
|
|
Road Traffic Offences
|
27
|
|
Drugs Offences
|
3
|
|
Unlawful Possession
|
1
|
|
Money Laundering & Terrorist Financing
|
1
|
|
Total
|
45
|
DEFENCE FORCES PERSONNEL
SERVING WITH A CIVIL CONVICTION*
|
W.E.F 01 July 2024
|
|
|
Public Order Offences
|
3
|
|
Assault Offences
|
1
|
|
Sexual Offences
|
-
|
|
Road Traffic Offences
|
23
|
|
Drugs Offences
|
-
|
|
Unlawful Possession
|
-
|
|
Money Laundering & Terrorist Financing
|
-
|
|
Total
|
27
|
*All information provided is subject to the caveat that an appearance in civil court has been declared to the military authorities.
Annex B
DEFENCE FORCES PERSONNEL
CONVICTED AT COURT-MARTIAL*
|
W.E.F. 10 October 2025
|
|
|
Criminal Offence
|
8
|
|
Total
|
8**
|
DEFENCE FORCES PERSONNEL
WITH COURT-MARTIAL CONVICTION STILL SERVING*
|
W.E.F. 10 October 2025
|
|
|
|
Disciplinary & Criminal Offence
|
2
|
|
|
Total
|
2
|
|
DEFENCE FORCES PERSONNEL
CURRENT CASES BEFORE THE COURT-MARTIAL*
|
W.E.F. 10 October 2025
|
|
|
Criminal Offence
|
7
|
|
Total
|
7***
|
*All information provided is subject to the caveat that an appearance in civil court has been declared to the military authorities.
**Of the eight (8) Defence Forces members who were convicted of a criminal offence at Court-Martial in the last 5 years. Two (2) of these individuals remain in service.
*** Of the seven (7) cases currently before the Court-Martial, five (5) of the seven cases remain in service, two (2) individuals are now civilians.
Question No. 63 answered with Question No. 46.