Dáil Éireann Debate, Tuesday - 13 December 2022
338. Deputy Catherine Connolly asked the Minister for Defence the position of the person who makes determinations in respect of internal complaints submitted by members of the Defence Forces; and if he will make a statement on the matter. [62290/22]
View answerI wish to advise the Deputy that the Chief of Staff has overall responsibility for discipline and order within the Defence Forces. The provisions provided in the Defence Act, therefore, with regard to military discipline, operate independently of myself, as the Minister.
A serving member of the Defence Forces may avail of a number of processes to pursue any complaint in relation to their treatment or experiences within the Defence Forces. Defence Forces Regulations A7, in the first instance, provides the regulatory framework for dealing with such matters for serving members of the Defence Forces.
Within this framework, Administrative Instruction A7, Chapter 1 sets out the Defence Forces policy and procedures regarding interpersonal relationships in the Defence Forces including bullying and harassment, in order to deter unacceptable behaviour and promote a service environment based on mutual respect, equality and professionalism. The framework provides for complaints of this nature to be dealt with in both a formal and informal way through a trained Designated Contact Person (DCP) network.
Under this process the individual’s Unit Commander issues a “Commander’s Decision” on the matter following an investigation of a formal complaint.
Chapter 2 of Administrative Instruction A7 provides another formal mechanism for members, under Section 114 (1) and 114 (2) of the Defence Act, 1954, to seek redress of wrongs or to make a complaint. The objective of the process is to resolve grievances at the earliest possible point within the military structure. Complaints may be submitted orally or in writing to the complainants Commanding Officer, or in the case where they feel themselves wronged by their Commanding Officer, may complain to the Chief of Staff. If a complaint cannot be resolved at Formation level, it is forwarded to the Chief of Staff for his considered ruling on the matter. Notifications are sent to my office and the office of Ombudsman for the Defence Forces formally when any Chapter 2 complaint is submitted and of its subsequent outcome.
Under this mechanism there exists also recourse for the complaint to be referred to the Ombudsman for the Defence Forces (ODF) for investigation and recommendation if appropriate. The Ombudsman, as your will be aware, is entirely independent in carrying out his functions in line with the provisions of the Ombudsman for the Defence Forces Act, 2004, and his final report, which may include a recommendation on each complaint, is submitted to me for determination.
A serving member may also, in line with Section 6 of the Ombudsman (Defence Forces) Act 2004, submit a complaint directly to the Ombudsman, without having first initiated a complaint under the Redress of Wrongs process within timelines set down in that Act. Former members of the Defence Forces may also make their complaint directly to the ODF also within given timelines.
In the event that a complaint of a potentially criminal nature is reported, the standard procedure is that the matter is investigated immediately by the Military Police. Where allegations of criminal incidents among serving member are brought to the attention of the Military Police, they are traditionally passed to An Gárda Síochána for their consideration and investigation, who have the lawful authority, skills and resources to investigate such matters.
