Dáil debates

Wednesday, 24 January 2024

Tribunal of Inquiry into certain matters relating to the Complaints Processes in the Defence Forces: Motion

 

4:35 pm

Photo of John LahartJohn Lahart (Dublin South West, Fianna Fail) | Oireachtas source

I thank the Leas-Cheann Comhairle for the opportunity to contribute to the debate. One of the comments Deputy Smith made reminded me of what I was going to say about how separate and apart the Defence Forces historically were as an institution. That was facilitated and seen as necessary.

One of the positive outworkings of this process is that is now seen as being archaic. The Defence Forces are definitely coming under increased scrutiny and oversight, not least because of the abuses revealed by the Women of Honour some years ago.

In a previous chapter of my life, I had the opportunity to see the work of the Defence Forces at first hand overseas. I always marvelled at their discipline, accomplishments and diligence and how well they represented their country. I saw very much the absolute best of the Defence Forces, much of which we have reason to be very proud. The public hold the Defence Forces in high esteem. To have learned that members of the Defence Forces, almost exclusively women, particularly in the context of sexual abuse, suffered so awfully within a structure that made it almost impossible at times for them to speak, be heard with respect and be responded to appropriately was particularly galling and appalling. It is a stain on the otherwise noble history of the Defence Forces. The Defence Forces need to take ownership of that. They have done so to some degree. In this regard and in the context of the commitment of the Government to reforming the culture of the Defence Forces, this tribunal will be an important public inquiry and will represent a watershed moment for the Defence Forces. I hope it will be a catalyst for change and transformation, in line with the intention of the Tánaiste and Minister for Defence.

As regards oversight of the Defence Forces, it was almost like a satellite or separate unit of the State. As I was growing up, I never questioned the fact the military has its own military police and the Defence Forces has its own disciplinary structures and in-house way of dealing with things. As other Deputies have noted, that simply is not good enough. It is a structure that simply cannot, will not and did not work.

Turning to the establishment of the tribunal, as a previous speaker stated, I have no doubt that how previous tribunals have served the country weighed heavily in the Tánaiste's consideration and deliberation of this matter. Some of them served the country well, while some went on at length. Some made findings that were later dismantled, dislodged and undone. That was never the intention behind them. Like my colleagues, I approve of the appointment of Ms Justice Ann Power to chair the tribunal. She is an eminent selection by the Government. Among the recommendations of the independent review group was to call for the establishment of a complaints procedure for civilian employees and civil servants through which they could have access to redress in respect of complaints concerning grievances or dignity at work issues relating to their interactions with members of the Defence Forces. Mr. Kevin Duffy, who is well known to most Members from his work with the Labour Court, is a very appropriate chair for the working group in that instance.

With regard to the terms of reference, having listened to the remarks of the Tánaiste, it is clear that he considered all views and observations received from a wide range of interested parties. It is clear that a variety of views were expressed at the stage of the formative tribunal. For instance, some people I know expressed the view that they would be reluctant to share their views in public. In many inquiries, those affected have different ways in which they would like to see their stories reflected. Other individuals and groups sought a statutory public inquiry and that is what the Government has done in this case, while recognising and acknowledging the critical role the Women of Honour played in bringing appalling and very serious allegations to public attention. Without their commitment, none of this would have come about. As one who previously worked in the field of psychotherapy, I find the allegations in question truly appalling. Not only did the structures of the military impose an unwanted and involuntary omerta on the experiences of some members of the Defence Forces, but the manner in which the members in question were dealt with certainly had a chilling effect on me.

I know the Tánaiste had to consider the views of other interested parties, including an obligation to currently serving members of the Defence Forces. The tribunal established by the Government attempts to strike that balance. In the course of questions to him in his position as Minister for Defence last night, the Tánaiste made the point that there has been full respect on his side and an ongoing engagement with the Women of Honour, members of which he met last January and thereafter. He stated that they reflected, changed and made further inclusions, particularly in respect of the issues relating to hazardous chemicals at Baldonnel. Knowing the Tánaiste as I do for several years, I have no doubt he has done his best to tease out the requirements that are needed for the tribunal to get to the truth of matters in an efficient way that respects the rights of everybody. He also made the point in response to a question last night that the only outstanding issue when discussions with the Women of Honour concluded related to their view on the random selection that the judge should have the authority, if she wishes to exercise it. It is clear to the Tánaiste that the judge will hear all cases but if there are thousands of cases coming in, for instance, one must make provision for a judge to take a selection and to say she can make conclusions in respect of what she has heard based on that selection. It is not ideal but it is prudent in the circumstances. It speaks to a point made by my colleague, namely, that without such a provision, we could have a tribunal that goes on endlessly and, by the time it is finished, people will have forgotten why it was initiated.

I welcome the tribunal. Not everybody is 100% happy with it, but I believe the Tánaiste has acted with the best of intentions and with great integrity in response to the awful revelations that came to public notice in recent years regarding the treatment of women in the Defence Forces.

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