Dáil debates

Wednesday, 15 February 2017

Other Questions

Defence Forces Investigations

2:35 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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41. To ask the Taoiseach and Minister for Defence the status of the investigations into ten cases of bullying and sexual harassment by members of the Defence Forces that have been reported in the past two years; his views on claims by the soldiers' representative groups that the actual numbers of complaints could be much higher; and the efforts that have been made to put in place better procedures and protocols that will reduce the amount of time it takes to investigate a complaint. [7302/17]

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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This question refers to ten cases of bullying and sexual harassment reported by members of the Defence Forces. What is the status of those cases? Does the Minister of State believe the contention of the soldiers' representative organisations that it could be much higher?

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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It is Defence Forces policy that all personnel have a right to be treated with respect, equality and dignity and to carry out their duties free from any form of sexual harassment, harassment or bullying. While military life entails robust and effective military training, such training must take place in a professional service environment that fully respects individual human dignity. Bullying and harassment of any kind are wrong and are not tolerated within the Defence Forces. They are entirely unacceptable in themselves and wholly incompatible with a successful and modern organisation.

I advise the Deputy that this is an issue to which I pay close attention. The Chief of Staff provides me with updates on all ongoing cases of bullying, harassment and unacceptable behaviour on a regular basis.

Of the ten cases referred to by the Deputy, the military authorities have advised that seven were bullying and harassment cases, six of which are now closed while one remains ongoing. The other three cases related to sexual harassment, two of which are now closed while one remains ongoing. The military authorities have advised that all of the ten cases were handled under the formal approach and were dealt with through the legal-disciplinary process or by administrative action.

All known incidents of such behaviour are properly investigated, bearing in mind the need for due process which requires fairness to all parties to the complaint. Through the induction process and general notifications, the non-tolerance of unacceptable behaviour is stressed to all members of the Defence Forces. The formal and informal procedures in force are there to encourage any individual who wishes to make a complaint.

Procedures for dealing with complaints of sexual harassment, harassment and bullying are set out in Defence Forces regulations. Complaints of unacceptable behaviour can be dealt with at different levels, either in an informal approach or formal manner. The overall aim is to ensure that the complaint is dealt with, in the first instance, at the lowest level possible. Informal complaints can be resolved directly by the complainant with the assistance of a third party if required. Such third party can include any member of the Defence Forces who has the trust and confidence of the complainant. Specially trained designated contact persons are also available to assist.

The formal procedure requires that a complaint is made in writing. These are dealt with by the military chain of command either through the legal-disciplinary process or by administrative action.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Gabhaim mo bhuíochas leis an Aire Stáit. It is good to hear that so many of the ten cases have been addressed. I hope that they were addressed appropriately and that the complainants were content with the action taken. However, that does not take away from the fact that the general secretary of PDFORRA, Mr. Gerry Rooney, has raised major concerns about the delay in investigating properly and dealing with such cases. Given the nature of the Defence Forces and that people have to serve quite closely with those against whom they are bringing an allegation, if it is not dealt with quickly it can fester. Mr. Rooney also raised the unacceptable timeframe and manner in which the complaints can be investigated and how it can discourage others. What steps can be taken to ensure that those who are making complaints internally can be assured they will be dealt with properly and that others who are faced with such sexual harassment or bullying are not discouraged from proceeding with a claim?

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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I have taken a personal interest in bullying and harassment, be it sexual or otherwise. Since my appointment in May 2016, I have informed the general staff that all allegations are to be dealt with to the fullest. They are to be given every support possible and their cases must be dealt with speedily. If the Defence Forces do not deal with allegations speedily, others will be discouraged from making allegations or reports of any form of harassment. I want anyone who has a case or wants to bring any sort of issue surrounding harassment to the fore to feel comfortable and not threatened in any way by bringing any sort of complaint forward, which is something I am working on.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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By that, the Minister of State seems to be suggesting that there needs to be a review to ensure that the complaints procedure is fit for purpose. Will the Minister of State initiate a review or is he just taking a cursory look at the complaints procedure to ensure that there is a proper system in place?

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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I assure the Deputy that I get a quarterly report from the Chief of Staff regarding bullying and harassment cases. I would not know all of the individual cases.

As the Deputy will understand, a large number of cases will be ongoing at any one time because the Defence Forces are a large organisation. While I do not intend to carry out a review of the procedures in place, I take a personal interest in this matter as I wish to ensure all those who make a complaint are dealt with fairly and speedily and in a manner that does not discourage others from making any form of complaint. I want people to feel comfortable and not in any way threatened when making a complaint. Complaints must be taken seriously and dealt with as swiftly as possible. If the Deputy wishes me to follow up on any particular case, he should bring it to my attention and I will have no problem doing so.