Sorca Clarke (Longford-Westmeath, Sinn Fein)
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10. To ask the Taoiseach and Minister for Defence the steps that have been taken to date regarding the Workplace Relations Commission ruling in December 2020 to roll out anti-discrimination training course and materials for all Defence Forces personnel with staff responsibilities due to be completed by the end of 2022. [13839/23]

Sorca Clarke (Longford-Westmeath, Sinn Fein)
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Can the Minister provide an update on the steps that have been taken to date on the work regarding the Workplace Relations Commission, WRC, ruling in December 2020 to roll out anti-discrimination training courses and materials to all Defence Forces personnel with staff responsibilities, which was due to be completed by the end of 2022?

Micheál Martin (Cork South Central, Fianna Fail)
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I thank the Deputy for raising this issue. I wish to confirm that the WRC recommendations on anti-discrimination law arising from a decision in December 2020, are currently being implemented by the military authorities with the support of my officials.

As the Deputy will be aware, the WRC adjudicator directed, in the first instance, that a comprehensive review of training and information materials, instructions and local practices be undertaken within the Defence Forces to ensure their compatibility with the protections pregnant personnel enjoy under anti-discrimination law, and more generally, to ensure that the basic provisions of Irish anti-discrimination legislation are clearly and accurately reflected.

Second, it directed that the Defence Forces roll out a training programme for all Defence Forces personnel with staff responsibilities to ensure they are appropriately aware of the updated materials. This training programme was to be completed by 31 December 2022. I understand that this piece of work is well advanced.

As a means of carrying out the first element of the direction and identifying a way forward, a Defence Forces working group was convened after the ruling, comprising membership from the human resources, HR, legal, training and education headquarter branches as well as representatives from the Defence Forces formations. The group duly completed the review during the final quarter of 2021.

Since then, and with the assistance of an external legal firm with a strong record in employment law matters, extensive work has been undertaken by the military authorities over the past 12 months, with support from my officials in ensuring that all documentation, including training programmes, materials and associated documents for Defence Forces personnel, as well as the relevant Defence Force regulations are fully aligned, and compatible with the provisions of the relevant equality legislation and in line with the direction of the WRC direction.

An associated but very relevant and important element of this body of work has been in the area of maternity and protected leave policies, including in the context of safety, health and welfare, performance appraisals and appropriate training for interview boards in the context of promotion competitions. I understand this particular element of the exercise is nearing completion.

I am further advised that a number of policy documents, including regulatory amendments, are to be submitted to me for consideration and approval very shortly.

Sorca Clarke (Longford-Westmeath, Sinn Fein)
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I thank the Minister for that update. I have repeatedly asked this question over the past number of years and on the most recent occasion, I was told that this ruling was currently being implemented. There seems to be a substantial amount of greater detail in the answer he provided this time, which leads me to believe that this, while still a work in progress, is one that is nearing completion. The relevant handbook for the Defence Forces staff described in the finding is remarkable in two details. The provision relating to sexual harassment runs to one and a half pages, which is three times the length of that on discrimination and pregnancy-related discrimination. Whether this section is being updated is not mentioned at all.

This case was taken to the WRC by Ms Yvonne O'Rourke, who had two of her maternity leave periods classed as the equivalent of sick leave for a male officer. Having made the complaint internally in the first instance and then to the Office of the Ombudsman for the Defence Forces, with neither upheld, Ms O'Rourke took the case to the WRC. The finding, ruling and judgment of the WRC were very far-reaching and the culmination of a seven-year process for the woman in question.

Micheál Martin (Cork South Central, Fianna Fail)
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Having been briefed on this case, I believe that what happened was unacceptable. It is symptomatic of a wider problem, particularly concerning maternity issues within the Defence Forces and how they are dealt with.

The Deputy will appreciate the work to implement the direction of the WRC is critical. While there has been progress to date, I have nevertheless directed that the process, including the roll-out of any remaining training and awareness programmes, be concluded as soon as possible, without any delay. To me, there is no room for equivocation and there cannot be any in respect of these issues.

The terms of reference of the judge-led independent review group looking into dignity and equality issues in the Defence Forces included an assessment of the effectiveness of training syllabi and awareness programmes for all ranks within the Defence Forces. We are assessing that report. It and its recommendations concerning training and awareness programmes will further inform the body of work currently in train to implement the WRC ruling in full.

Sorca Clarke (Longford-Westmeath, Sinn Fein)
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The WRC ruling was quite powerful. An unacceptable systemic failure was found. From what the Minister said, I believe he agrees with that ruling. Ms O'Rourke was awarded the maximum compensation plus interest by the WRC due to the extensive delay caused by the Minister for Defence objecting to her legal argument that EU law should apply and not withdrawing the objection until the eleventh hour. Will the Minister make a commitment to ensure these kinds of objections will be a thing of the past and not affect any other member of our Defence Forces? What occurred went on for seven years and the Department and Minister objected literally until the last moment.

Micheál Martin (Cork South Central, Fianna Fail)
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What was happening was clearly out of line with normal practice in other workplaces. I have given very clear directions that there can be absolutely no discrimination or any processes or requests made of pregnant women within the Defence Forces that would not be contemplated in any other workplace.

Sorca Clarke (Longford-Westmeath, Sinn Fein)
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But specifically on objections to the WRC.

Micheál Martin (Cork South Central, Fianna Fail)
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Yes. I am very clear that there has to be a complete modernisation of approach to these issues within the Defence Forces. I have made that very clear.