Dáil Éireann Debate, Thursday - 21 March 2024
16. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Defence when all the recommendations contained in the report on the Defence Forces are likely to be implemented including the issues around gender-based violence; and if he will make a statement on the matter. [13228/24]
View answerThe report of the Independent Review Group (IRG) established to examine dignity and equality issues in the Defence Forces was published following Government approval on 28 March 2023. The Government agreed to progress the 13 recommendations contained in the Report. Some actions have already been completed while others will take further time due to the requirement for legislative change.
One of the first actions taken following publication of the IRG report was the establishment of an External Oversight Body (EOB), initially on a non-statutory basis. The EOB is a critical element in driving the necessary culture change throughout the Defence Forces and increasing transparency and accountability. Professor Brian MacCraith is Chair of the Body and, last July, the Government approved its Terms of Reference. To date, the External Oversight Body has met on 21 occasions and last November I received its first written report and I have also met with the Chair on a number of occasions. Last December, the Government approved the General Scheme of the Defence Amendment Bill 2023, which includes provision for the establishment of the External Oversight Body on a statutory basis, and this legislation has recently been the subject of Pre-legislative Scrutiny by the Joint Oireachtas Committee on Foreign Affairs and Defence.
In a further significant development, in January of this year the Government approved the Terms of Reference for a judge-led Tribunal of Inquiry to examine the effectiveness of the complaints processes in the Defence Forces concerning workplace issues relating to discrimination, bullying, harassment, sexual harassment and sexual misconduct. The Tribunal will also have the power to investigate the response to complaints made regarding the use of hazardous chemicals within the Air Corps’ headquarters at Casement Aerodrome, Baldonnel. I am very pleased to say that Ms Justice Ann Power will Chair the Tribunal. Following Government approval of the Terms of Reference, the Motion to formally establish the Tribunal was recently approved by both Houses of the Oireachtas and the logistical and administrative arrangements are now being put in place to allow the Tribunal to commence its work as soon as possible.
In addition to this, following publication of the IRG Report, I committed, in line with its recommendations, to introduce, on an interim basis, an independent complaints system to deal with complaints of an inter-personal nature, such as complaints of inappropriate behaviour, bullying, harassment and sexual harassment. Various options have been considered and extensive policy and legislative analysis undertaken to identify options for a system which will take the complaints process outside of the immediate chain of command for the complainant. Work is ongoing in this regard and I am in regular discussions with my officials on how best to implement this recommendation. The considered views of the EOB on progressing this critically important recommendation have also been recently received and are now being considered. A complete overhaul of the existing complaints system will, however, most likely involve change to primary legislation and therefore this recommendation will take time to be fully implemented.
In a separate development in relation to complaints, I recently appointed Mr Kevin Duffy as the Independent Chair of a Working Group that has been established to develop a complaints process for civilians and civil servants working with the Defence Forces. This is another important step in implementing the recommendations of the Independent Review Group.
In addition, to what I have outlined, there are a wide range of further initiatives that have been taken since the publication of the IRG report relating to the aspect of your question which concerns issues around gender-based violence.
One of the key actions taken following publication of the IRG report was in July 2023 when the Government approved the text of the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023. Part 4 of the Bill amends sections 169 and 192 of the Defence Act 1954 in line with a recommendation in the IRG Report. These amendments will ensure that An Garda Síochána will have sole jurisdiction within the State to investigate alleged sexual offences committed by persons subject to military law. Any subsequent cases will be dealt with by the civil courts. The Bill is currently progressing through the Houses of the Oireachtas.
Following discussions with officials in my Department, the Garda Commissioner established a helpline for victims of sexual assault to historic or current report cases. The Commissioner has also established a targeted operation to examine cases of alleged sexual assault in the Defence Forces.
With the assistance of an external legal firm, extensive work is underway to ensure that the Defence Forces are compatible with the provisions of the relevant equality legislation while the Defence Forces has also developed and rolled out Sexual Ethics and Responsible Relationship (SERR) workshops in cooperation with UCC. These are mandatory for all personnel to attend. This important programme is being delivered by Professor Louise Crowley of the UCC School of Law. The SERR training initiative has been ongoing since September 2023 and in the past month I took the opportunity to meet personally with Professor Crowley to discuss the importance of the work she is carrying out.
Finally I wish to state that my Department is working tirelessly with Defence Forces’ colleagues to take the steps required to bring about the culture change that is so urgently required. This work this is being overseen by the External Oversight Body and represents a significant programme of reform and culture change that is being prioritised to ensure that the Defence Forces is an equal opportunities employer, is reflective of contemporary Irish society and provides a safe workplace.
