Réada Cronin (Kildare North, Sinn Fein) | Oireachtas source

In the initial draft of the Bill, the Tánaiste sought to place a prohibition on certain members of the Defence Forces being members of representative associations. We have talked about this. It was as if the Tánaiste was looking to expand the list. His argument for this was that those involved in the disciplinary process within the military need to be able to be impartial. There are people all across the Civil Service and the public service, such as equality officers, who are not excluded from representation despite adjudicating on matters appropriately when that arises. This is even more so the case in the Defence Forces, particularly in circumstances where officers preside over disciplinary matters on a day-to-day basis as part of the job.

I read the report and the independent adjudication in the case between a representative association and the Department at the conciliation and arbitration branch in relation to this matter. It makes for stark reading. On many occasions, the Department was simply unable to defend or explain its position. There was silence. Those involved were just mute, and nothing was minuted. It is unsurprising, therefore, that the representative association won that case. It is also unsurprising that the Tánaiste backed down and removed that provision from the Bill. As I understand it, the Tánaiste is appealing the judgment in that case. The purpose of amendment No. 11 is to prevent him from implementing policy - he has already been forced to accept this - through legislation. I invite the Tánaiste to accept the amendment.

The Commission on the Defence Forces produced a significant volume of detailed work in respect of what needs to be done, the reforms that need to introduced and the investment that must be made in order to rebuild our Defence Forces and place them on solid ground to meet the needs we have. It was a collaborative process and submissions were received from all stakeholders, political parties and the representative associations. Following the report of the commission, there was a broad sense of an immediate move to press towards level of ambition 2, as outlined in the report. There was that sense of collaboration and co-operation. The stakeholders were willing to play their part to readily and rapidly do this and to work and deliver upon those reforms and the investment needed. I do not believe, however, that the Tánaiste or the Department have lived up to their side of the bargain. Pay and conditions obviously have not been addressed, particularly when more and more people are leaving the Defence Forces. We are at crisis point. Ireland is able to put only one ship to sea at the moment. Our Defence Forces peacekeeping unit has withdrawn from the Golan Heights. We are at a crisis point, and the Defence Forces do not have the capacity to perform their duties. The Government has again failed to deliver the capital investment required.

We tabled amendment No. 12 because the section to which it relates would undermine the spirit of co-operation and collaboration that was fostered by the commission. It is just not tenable to embark upon a new relationship with the sector when within the framework of that relationship it is stated that the current Minister for Defence or those who succeed him may at any point in the future tear it apart on a whim. I do not believe this has been sorted yet. We discussed it on Committee Stage. I feel it is almost akin to engaging with the representative associations in bad faith. That it could even be potentially perceived in that manner should concern the Tánaiste in his approach. If there is a desire to remove a person from the external oversight body, the Bill requires that the individual in question given 30 days' notice. However, it also allows the Minister for Defence to withdraw from representative associations the right to affiliate with ICTU on only seven days' notice. It is right that a person who may be removed from their post for any reason has his or her rights respected.

I appeal to the Tánaiste to reflect and to recognise that the status of organisations representing thousands of our Defence Forces personnel are perhaps entitled to a greater degree of respect in terms of the Department's relationship with them. We have talked about the relationship between the Department of Defence and the members of the Defence Forces. I ask the Tánaiste to accept our amendment.

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