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

I propose to take Questions Nos. 59 and 61 together.

I thank the Deputies for raising this serious question. I wish again to express my unequivocal condemnation of any form of gender-based violence. Such behaviour has no place in a modern society or in the Defence Forces. Let me be quite clear about this: the Defence Forces are not a place where someone who has been convicted of serious offences, including sexual offences or domestic or gender-based violence, can continue to serve.

At the outset, it is also important I note the pride we share in the vast majority of the men and women of the Defence Forces who serve the nation so admirably at home and on peacekeeping missions abroad. The actions of a minority completely go against the values of the Defence Forces and have no place, as I said, in a modern workplace, particularly in an organisation which is there to protect people. Last week, I issued an instruction for the placement with immediate effect of serving personnel in the Defence Forces who are either convicted of sexual assault or rape and awaiting discharge, or are currently before the courts for such offences, to be put on local leave on a without-prejudice basis. The ability to take this measure is already captured in Defence Forces regulations and I have been absolutely clear that it must now be applied uniformly in all such cases.

As the Deputy will be aware, following the recent case, I was first informed on Friday, 21 June of another case involving a member who is still serving after being convicted of assault causing harm. In light of this, I have also requested a report from the Chief of Staff to find out how many serving members of the Defence Forces have civil convictions or are before the civil courts on serious criminal offences. After receiving an initial report, I sought further detail. On Wednesday evening last week, I received a report of 68 Defence Forces personnel who have been recently convicted or are currently before the civil courts on a range of criminal offences including public order breaches, drink driving, drugs offences, physical assault or sexual offences, as well as other offences. I have received legal advice from the Attorney General around restrictions on publishing some of the details of these cases given that many of them are before the courts. I have therefore asked my officials to summarise, which I have articulated in generalities by way of numbers and so forth.

There is a regulatory pathway to discharge or dismiss serving personnel convicted of a serious crime and I have made it absolutely clear that the due process in line with those regulations must be followed. These regulations have been applied and indeed are currently being applied in respect of Defence Forces members. There is no room for inconsistency in this. While I am satisfied there are existing mechanisms in place to deal with such cases, I am open to considering proposals to improve and streamline these mechanisms. Defence Forces regulations are reviewed and amended on an ongoing basis.

I have appointed Peter Ward SC to undertake a high-level analysis of the application of military law in circumstances in which personnel have been convicted of serious offences in the civil courts. Mr. Ward will be asked to come back with an outcome of this high-level analysis, together with any recommendations and any enhanced powers that may be necessary to improve processes, regulations, legislation and reporting arrangements. The terms of reference are currently being finalised.

My priority since becoming Minister for Defence is the urgent transformation of the Defence Forces with a specific focus on cultural transformation. We have a significant programme of work under way to progress this transformation. The establishment of an external oversight body of the Defence Forces on a statutory basis, which is currently progressing through the Oireachtas, is one of a number of important steps in progressing the required culture change programme.

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