Oireachtas Joint and Select Committees

Tuesday, 26 September 2023

Joint Oireachtas Committee on Foreign Affairs and Trade, and Defence

Implementation of the Recommendations of the Report of the Commission on the Defence Forces: Discussion

Ms Jacqui McCrum:

As Secretary General of the Department of Defence, I thank the committee for inviting both me and the Chief of Staff, Lieutenant General Seán Clancy, to address it today. We are joined by Brigadier General Rossa Mulcahy, assistant Chief of Staff, and principal officer, Emer Dalton.

This is a welcome opportunity to discuss the ongoing work of both the Department of Defence and the Defence Forces. It is particularly timely, given the Tánaiste today published the overarching strategic framework for the transformation of the Defence Forces. I had made the Chair aware some weeks ago about the potential publication of this document and I hope members have all received a copy, which we were able to release once approved by Cabinet this morning.

Following the publication of the report of the independent review group on dignity and equality issues in the Defence Forces in March 2023 - the Independent Review Group, IRG, report - the Tánaiste set out his priority to develop one strategic framework for the transformation of the Defence Forces, fully understood by everyone, which has the appropriate governance and reporting mechanisms, and is properly resourced. He has stated, “The priority within this transformation is cultural change above all else.” In addition to the culture change, there are also transformation actions that will ensure the Defence Forces is an equal opportunities employer, reflective of contemporary Irish society, and that it is providing a safe workplace and a fit-for-purpose organisation, equipped to defend the State and meet the challenges of today and the future. It will be an organisation where all members are treated with dignity and respect and one that continuously evolves to deliver positive change.

This journey of transformation has commenced. A lot of work has been done since the end of 2021 and continues to be our primary focus. The strategic framework clearly sets out the actions to be delivered before the end of 2024, which are as follows: to implement the recommendations of the IRG report; implement the recommendations of the Commission on the Defence Forces, CDF; support the recruitment to and retention of personnel to our Defence Forces; enhance the physical working environment and equipment of our personnel; and make the legislative changes to underpin the transformation agenda.

While all the actions under the strategic framework are important, the core strategic priorities are as follows: specific actions to support cultural change within the Defence Forces to be implemented through a well-designed and expertly-led culture change programme, with oversight by the external oversight body; to stabilise the number of personnel in the Defence Forces in the short term and thereafter to increase the strength towards the level of ambition arising from the report of the COD; and to implement a new independent external complaints service for serving members of the Defence Forces and a new complaints process for civilians and civil servants.

Core strategic priorities also include the implementation of an agreed policy for the application of the working time directive within the Defence Forces with legislative underpinning and to progress the specific actions to enhance the physical working environment and equipment of our personnel, including specific capability enhancements across all services as set out in the commission report. Further core strategic policies include: legislative changes to support the transformation of the Defence Forces to be put in place including the statutory underpinning for the new high level structures within the Defence Forces; the consequential redesign of the governance and oversight framework for the new command structure; the new independent complaints mechanism and the external oversight body; and a judge-led tribunal of inquiry would be established to examine the effectiveness of the complaints processes in the Defence Forces into workplace issues relating to discrimination, bullying, harassment, sexual harassment, and sexual misconduct.

The Government, in response to the independent review group recommendation, has established the external oversight body, EOB, for the Defence Forces to drive the necessary culture change throughout the organisation and to increase transparency and accountability. The terms of reference for the EOB were published on 12 July and the body is now embarking on the development of a work programme. To date the EOB has met nine times. Legislation is now being developed to put this body onto a statutory footing. Also in July the Government approved the establishment of a tribunal of inquiry to examine the effectiveness of the complaints processes in the Defence Forces to address workplace issues relating to discrimination, bullying, harassment, sexual harassment and sexual misconduct.

The Tánaiste is considering feedback received from stakeholders in relation to the terms of reference for the inquiry and he will revert to Government in the near future seeking approval for the terms of reference and the appointment of a judge to chair the tribunal. The Commission on the Defence Forces delivered its report in February 2022. In July 2022, the Government approved a high-level action plan to progress the 130 recommendations and to commit the State to move to level of ambition 2 with a commensurate increase of the defence budget from €1.1 billion to €1.5 billion in 2022 prices by 2028. It is worth noting that the published high-level action plan identified 38 early actions, of which 95% are now complete, and work on that detailed implementation plan is currently at an advanced stage.

Ms Julie Sinnamon, chair of the independent oversight group, briefed this committee on 13 May on the status of the Commission on the Defence Forces recommendations. I do not, therefore, propose to repeat the comprehensive update that was provided to the committee that day. I will instead focus on a number of key actions delivered under the Commission on the Defence Forces. It recommended the removal of the blanket exclusion of the Defence Forces from the Organisation of Working Time Act 1997 and the Government has committed to this. Extensive work by the military authorities has determined that a high percentage of everyday work is in compliance with the working time directive. Recent European case law on military service has been clear that certain activities can be considered outside the scope of the directive. The provisions of this ruling have informed a proposed civilian military management position, which has as its guiding principle that appropriate health and safety rights and protections are afforded to serving members, while also ensuring the Defence Forces fulfil essential State functions.

The introduction of a robust time and attendance system is essential to ensuring that the provisions of the working time directive are properly afforded to serving members and this and other areas of discussion are at a very advanced age. A new permanent civil military capability development unit within the Department has been established with the comprehensive strategy setting out capability development planning into the future. Allied to this there is a significant capital investment programme ongoing across the Defence Forces and noteworthy projects include the purchase of two C295 aircraft at a cost of €228 million. The first aircraft was delivered in June 2023 and the second is expected to be delivered shortly. Two inshore patrol vessels have been procured for €26 million. They arrived in May 2023 and now require remaining work before becoming operational in 2024. Accommodation provision, both living and office, at McKee Barracks and at Haulbowline naval base has been completed. A MOWAG gunnery simulator has been established in the Curragh.

The Defence Forces infrastructure development plan focusing on building infrastructure sets out a programme of project delivery for the years 2023 to 2027. The plan estimates infrastructure requirements to be in the region of €300 million for the coming years and there are currently over €130 million worth of projects under way at different stages of development. Projects under way include a new Cadet School headquarters and new accommodation buildings in Dún Uí Mhaoilíosa, Galway, and at Collins Barracks.

On gender balance, the current female strength in the Permanent Defence Force is 7.26% percent of the force. To put this in an international context, as of 1 April 2023 female representation in the UK defence forces stood at 11.5%. Gender balance continues to be a key area of focus and the Department of Defence has led on a number of key initiatives in this area. The management board of the Department has moved from a 20% female representation to 57% within the past two years. The Chief of Staff and I have established a currently thriving civil-military defence women's network, which was established in 2022. Earlier this month the Tánaiste announced that private secondary medical care would be extended to all ranks in the Permanent Defence Force. Importantly, this provides access to private maternity care for all females in the Defence Forces. This is a unique benefit in the public sector. It is a tangible recognition of the value placed on women and builds on the supports needed to attract and retain women into our Defence Forces. Female participation and career development is necessary for a modern-day defence force. It is and will remain a priority until the female strength in the Permanent Defence Force reaches a level that is comparable with the best international rates.

Significant enhancements to the remuneration and allowances in the Defence Forces have been approved by Government. Recruits on completion of training, which takes approximately 24 weeks, now start at €38,000. A school leaver on commissioning is paid almost €42,000. For a graduate on commissioning as a cadet, the initial starting salary will be over €47,000. Temporary associate membership of the Irish Congress of Trade Unions, ICTU, for the purposes of participation in national pay discussions for the representative associations was granted in May 2022. There has been an increase in the overall establishment in the Defence Forces to 9,600 to support transformation work: a total of 152 officers and 449 enlisted personnel were promoted in 2022, and 107 of those enlisted promotions were to senior NCO ranks. A total of 196 officers were promoted to date in 2023, and 225 enlisted personnel were promoted to corporal and sergeant ranks. My Department is continuously striving to support making the Defence Forces an employer of choice in an increasingly competitive environment for skilled young people. As referenced earlier, the Tánaiste has announced the commencement of private secondary medical care to all ranks in the Permanent Defence Force. This will now apply to all personnel and will be of immediate benefit to a further 84% of the Permanent Defence Force, some 6,400 personnel based on current strengths. This is a significant enhancement to the overall benefits package for personnel and is unique in the public sector. This is in addition to a number of other retention measures including increases in mandatory retirement age for privates, corporals and sergeants and an increase in general recruitment age to 29. Issues relating to upper recruiting retirement ages of the Reserve will also be considered in the context of the development by the Office of Reserve Affairs of a regeneration plan for the Reserve. These considerations must also have due regard to deliberations on the same matters for the Permanent Defence Force, which are ongoing. A service commitment has been introduced for pilots in the Air Corps, as well as a seagoing service commitment scheme, tax credit for seagoing personnel, and extensive education and training opportunities.

Much development work in the area of defence and security policy will continue to take place and will provide the future context for our Defence Forces. This includes policy development work flowing from the strategic defence review. In March 2023, the Department of Defence commenced a strategic defence review as part of the defence review cycle, which includes a wide-ranging assessment of the security environment and the threats facing Ireland. The consultative forum on international security policy was convened in June 2023 by the Tánaiste and Minister for Defence. This was to build public understanding and generate discussions on our foreign security and defence policies. In addition, priority will be given to the legislative changes to support the transformation of the Defence Forces, including the statutory underpinning for the new high-level structures within the Defence Forces and the consequential redesign of the governance and oversight framework for the new command structure, the new independent complaints mechanism and the external oversight body.

In conclusion, I thank the committee for the opportunity to discuss the significant and wide-ranging programme of work, which is continuous across the Department and the Defence Forces in relation to transformation. The past three years have been turbulent and unprecedented in many areas. It has been challenging for all involved. I am confident, however, that we are on the right path but actions must to be taken to support the transformation of the Defence Forces into a fit-for-purpose organisation to defend the State and meet the challenges of today and the future. The Chief of Staff and I have significant jobs of work in each of our areas of operation to deliver in order to complement and deliver this transformation. My team and I are committed to this programme of work and to working with the Chief of Staff, the Defence Forces board and our Defence Forces colleagues to achieve this mutual goal. I thank the members for their time and I look forward to hearing the committee members' thoughts and views on matters raised here today. I will now hand over to the Chief of Staff.