Dáil debates

Thursday, 30 March 2023

Report of the Independent Review Group on Dignity and Equality Issues in the Defence Forces: Statements

 

3:20 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

Cuirim fáilte roimh an tuarascáil seo. Is tuarascáil fhíorthábhachtach í. Táimid buíoch don chathaoirleach, Bronagh O'Hanlon, agus de bhaill an ghrúpa as ucht an méid oibre a rinne siad agus as an tseirbhís a thug an grúpa don tír. Léiríonn an tuarascáil seo scéal uafásach laistigh de na Fórsaí Cosanta i rith na nglún agus suas go dtí an lá atá inniu ann. De dheasca na tuarascála, tá i bhfad níos mó scéalta agus eolais againn ó thaobh rudaí scannalach a tharla sna Fórsaí Cosanta. Anois, caithfimid féachaint ar aghaidh chun an fhiosrú reachtúil a chur ar bun agus i bhfad níos mó a dhéanamh ionas go mbeidh an scéal i bhfad níos fearr sna glúine atá le teacht.

I welcome the opportunity to have these initial statements in respect of the report of the independent review group. As I said last week, I intended to publish the report this week but also to follow that up with an opportunity for statements in the House because I felt it was important that the Dáil would have an early opportunity to discuss it. As I pointed out earlier this week, the health, sustainability and strength of our Defence Forces is a question of fundamental national importance. I appreciate the seriousness with which all of our public representatives are approaching this issue. The work and report of the independent review group raises the most profound issues. I am grateful to the chair and members for the forthright manner in which the report is written and for the clarity of the findings and recommendations. The value of the report is acknowledged by the widespread support for its recommendations and the universal reaction of shock and dismay at its content and conclusions.

People are understandably appalled that such unacceptable and appalling practices took place and continue today in such a vital arm of our State. As I said, I again pay tribute to the group members for the work they have done because it was not an easy task but it was a massively important one. Their diligence, clarity and commitment of the report is to their credit. The report pulls no punches. The findings are stark, shocking and shameful. Notwithstanding the work of the very many good people who serve in the Defence Forces, the report makes it clear that the culture and work environment that currently exist are quite simply unacceptable. The report reveals a culture that reinforces unacceptable behaviour. Individuals who were prepared to stick their heads above the parapet and make a complaint faced potentially career-ending repercussions. The details in this report about the type of attacks perpetrated on both males and females are nothing short of disgusting. I assure the House that I am absolutely determined and fixed in my view that this report must be a watershed moment and will be the catalyst for the transformation of Ireland’s Defence Forces.

Indeed, many people and many thousands of serving and former members of the Defence Forces are disappointed and angry that the institution has been and continues to be let down by those who behaved and continue to behave in such totally inappropriate and unacceptable ways. I thank the Women of Honour, the Men and Women of Honour and, indeed, those current members serving in the Defence Forces for raising these issues and being such an important catalyst for the initiation of this report.

Given the value of the report and the impact it is having, I am satisfied establishing this independent review as a first scoping exercise when these issues came to the fore in 2021 was the correct decision. It is important we build on it quickly, and a statutory inquiry is one of the logical and necessary next steps in examining how complaints have been dealt with but also in facilitating the opportunity for those involved to bring their experiences to such a statutory inquiry. I assure the House I will bring forward terms of reference for this inquiry as soon as possible and engage with stakeholders in their preparation. As I said in my initial response to the report, a completely honest appraisal of the problems and a comprehensive plan to address them is the only way to honour the contribution of serving and retired personnel. It is the only way to rebuild trust. In that spirit, I am clear the Department of Defence must, and will be, included in the terms of reference for the statutory inquiry.

In addition to the establishment of the statutory inquiry, we will establish an external independent complaints process for members of the Defence Forces. I will also be establishing an external oversight body on a statutory basis to oversee the culture change and reform required and will be amending legislation to provide the legislative basis to enable allegations of any type of sexual assault in the Defence Forces in the State to be referred to An Garda Síochána. I confirm, as announced earlier this week, that while the relevant amendments to legislation are prepared to give legal effect to this, there are situations that pertain, in terms of overseas deployments, where because the Garda does not have jurisdiction, military police will continue to operate. Any complaints by serving members of any form of sexual assault in the State will now have these complaints dealt with by An Garda Síochána, and this arrangement is being put in place now. We have also agreed a non-statutory inquiry into the process of medical boarding and a study of deaths by suicide of both current and former members of the Defence Forces over the past 20 years.

Together with these important actions, I will now be commencing a significant programme of reform and culture. It is vitally important all the stakeholders recognise that the transformation required, including this statutory inquiry, addresses the issues that are important to them. I will engage with all stakeholders as soon as they have had the opportunity to consider the report in detail. We cannot ignore either the findings in the Mohan report, published last week, that also point to the need for a complete reset in the Defence Forces’ culture with regard to responsibility and accountability.

While the independent review group report addresses both men’s and women’s experience and details some horrific abuse of both men and women, the experience of many women in particular within the Defence Forces has been truly appalling. A line from the report that has resonated far and wide is “the Defence Forces barely tolerates women". At a time when it is recognised that we need more women in the Defence Forces, especially at the higher ranks, such comments can hardly be more damaging. The conclusions with regard to discrimination, particularly with respect to maternity policies, are scarcely believable in the context of a modern workplace. An associated but very relevant and important element of this body of work is the area of maternity and protected leave policies. A number of policy documents, including regulatory amendments, are to be submitted to me for consideration and approval shortly.

As I made clear on Tuesday, resistance to change within the Defence Forces as identified by the independent review group is no longer an option. As Tánaiste and Minister for Defence, I simply will not tolerate it. As I said, I have directed that, with immediate effect, all allegations of sexual assault by serving members occurring in the State are to be referred directly to An Garda Síochána for investigation and prosecution. Part of the reason this unacceptable behaviour has gone on for so long has been the prevalence of a culture where victims did not feel empowered to speak up. There is a clear and immediate need to remove the fear of reprisal and retaliation for making a complaint, which many people feel would be, and can still be, career ending. I will be bringing forward legislation to establish an independent complaints system without delay. In the meantime I have emphasised, and now reiterate lest there is any lack of clarity, that serving members can submit their complaint directly to the Ombudsman for the Defence Forces without having to submit themselves to internal processes first. The development, also without delay, of a retaliation prevention strategy with appropriate and robust sanctions will be another critical element in tackling and beating the culture of fear and silence where unacceptable behaviour is concerned.

Separately, the recommendations of the recent Commission on the Defence Forces are also important. The strategic framework we are putting in place to drive these through will be an important enabling mechanism for delivery of the independent review group’s actions. There have been many reports and plans in the past, but my priority now is to ensure there is one strategic plan for the transformation of the Defence Forces that is fully understood by everyone, has the appropriate governance and reporting mechanisms and is properly resourced. I want progress to be seen internally and to be reported externally. Clear and irrefutable evidence of change on the ground is the only thing that will rebuild the trust and confidence of serving members. Our end goal must be a safe workplace where self worth is actively promoted and mutual respect becomes a dominant feature in an organisation that is open to change. I want a career the Defence Forces to be one where every individual feels valued, respected and recognised for the positive contribution he or she is making to the country's security. The establishment of the external oversight body will be a critical element in achieving this goal, and I hope to update the House on progress with this in the very short term. Once this body is established, I will introduce legislation to put it on a statutory footing.

The implementation of the independent review group’s recommendations will require a considerable and shared effort, not least on the part of the Defence Forces leadership. Following extensive discussions with the Chief of Staff, I am confident the scale of what is needed is understood. This week has been a very challenging period for the Defence Forces, but for the good professional people of integrity who serve in them, it also marks a new start. For the perpetrators of any form of unacceptable, misogynist or bullying behaviour, this is the end of it. It simply has to stop and you have no place and no future in Óglaigh na hÉireann.

Yesterday, I had the privilege to attend a commissioning ceremony of the members of the 98th cadet class and the 40th Air Corps cadet class. I met and spoke to 41 young men and women of impeccable personal character and personal courage. I met and spoke to their families also. Those are 41 young men and women who made the decision to pursue a career in the service and security of their country; 41 young men and women who pledged an oath that may require them to place themselves in harm’s way in the service of the State and its citizens. As a Government, we have made it clear we will make the unprecedented investment necessary to build a Defence Forces that is fit for purpose and worthy of their oath. With the support of this House we will pass the legislation necessary to ensure the Defence Forces is the quality workplace they deserve, but it is their personal leadership that will make the difference. Our Defence Forces are, and have been, a key pillar of Irish life since before the foundation of our State. They have been central to the presentation of our foreign policy in the world and our record as a nation strongly committed to the rules-based international order. For almost 70 years, our military has made an honourable and internationally recognised contribution to United Nations peacekeeping efforts. When I think of those 41 graduates and those who will come after them, I am hugely encouraged in the belief that their personal character and courage, their leadership and commitment, will help ensure our Defence Forces will come through this crisis and that the contribution of the Defence Forces can continue and excel in the years and decades to come.

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