Paul Kehoe (Wexford, Fine Gael) | Oireachtas source

I thank the Deputies for raising this very important issue. I am fully committed to compliance with the requirements of the Protected Disclosures Act 2014 and to the protections contained in that Act. I have directed that processes are put in place to manage protected disclosures across the defence organisation, on both civil and military sides.

The health and welfare of the men and women of the Defence Forces are a priority to me. To this end, I wish to ensure that all protected disclosures made by members of the Defence Forces are and continue to be dealt with in a thorough, fair and independent manner.

I am assured by the Chief of Staff that the military authorities are fully aware of the protections afforded to their members under the Protected Disclosures Act 2014. In order to ensure compliance with this legislation the Defence Forces have implemented general routine order 07/2015, which sets out the policy, procedures and protections afforded to serving personnel on making a protected disclosure. The document was signed and promulgated on 21 August 2015. The Defence Forces are committed to the highest possible standards of compliance with our legal requirements. Their protected disclosures policy is intended to encourage and enable members of the Defence Forces to raise concerns about relevant wrongdoing in the organisation.

The Defence Forces are committed to ensuring that members making a disclosure under the Act will be protected from penalisation or threat of less favourable treatment, subsequent discrimination or disadvantage. The Defence Forces protected disclosures policy gives effect to the obligations and provisions of the Protected Disclosures Act 2014 and does not replace any legal reporting or disclosure requirements arising under other legislation. The Defence Forces remain cognisant of the requirement to ensure the health, safety and welfare of all its members. The Defence Forces policy on protected disclosures is intended to cover all aspects of Defence Forces activity including operations outside of Ireland.

Regarding the matter raised by the Deputies, life within the Defence Forces, particularly at operational level, can be physically robust and challenging. To ensure that the health and safety of individuals and those of his or her colleagues are safeguarded, the monitoring of medical status is an important safeguard in military life. Defence Forces regulation A12 provides the regulatory framework for medical treatment in the Defence Forces. These regulations provide for the convening of a medical board in specific circumstances. This can lead to a range of outcomes, including individuals being classed as below Defence Forces medical standards. It is important to note that this is not a disciplinary procedure and among other things it provides a mechanism for appropriately managing cases of long-term sick leave.

Issues of confidentiality are of the utmost importance in dealing with matters such as those raised in this Topical Issue. Individuals are entitled to confidentiality regarding their personnel dealings with their employer, their medical dealings and in other areas such as litigation and protected disclosures. Accordingly, I am severely constrained in what I can say here today. While I cannot discuss medical and other personal details of an individual, I can inform the Deputies that in the case referred to, my overarching concern is that the individual’s rights under protected disclosure legislation are fully protected. I have previously written to the Chief of Staff in this regard, highlighting the requirements for full compliance with protected disclosure legislation.

I have recently written to the Chief of Staff restating my position that the individual concerned is afforded the full protection of the Protected Disclosure Act. I have made clear that no action should be taken that would impinge on his rights in accordance with protected disclosure legislation. I assure the Deputies that, if required, I will take whatever actions are available to me in order to ensure that all individuals who make protected disclosures receive the protection of that legislation.

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