Catherine Connolly (Galway West, Independent)
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6. To ask the Taoiseach and Minister for Defence further to Parliamentary Question No. 78 of 23 January 2024, the status of the tribunal of inquiry to examine the effectiveness of the complaints process in the Defence Forces; and if he will make a statement on the matter. [12835/24]

Catherine Connolly (Galway West, Independent)
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I ask for an update on the status of the tribunal of inquiry to examine the effectiveness of the complaints process in the Defence Forces. I ask for a specific update on this, given the background. In 1990, the Gleeson report was published, which outlined the inadequacies in the grievance procedures, the victimisation of people who applied for redress and the urgent need for an inquiry.

Micheál Martin (Cork South Central, Fianna Fail)
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I have been Minister for Defence for over a year. I am determined to establish a tribunal of inquiry, on foot of the independent review group.

The Government recently approved the terms of reference for a tribunal of inquiry, pursuant to the provisions of the Tribunals of Inquiry (Evidence) Act 1921. The tribunal will examine the effectiveness of the complaints processes in the Defence Forces concerning workplace issues relating to discrimination, bullying, harassment, sexual harassment, sexual misconduct and the use of hazardous chemicals within Air Corps headquarters at Casement Aerodrome, Baldonnel. The Government also approved the appointment of Ms Justice Ann Power to chair the tribunal. The motions to establish the tribunal of inquiry were subsequently approved by Dáil and Seanad Éireann. A premises in Smithfield in Dublin has been provided by the Office of Public Works for the purposes of the tribunal.

The chair is currently making arrangements to allow the tribunal to commence its work as soon as possible. Once all logistical and administrative arrangements have been put in place, I will sign a statutory instrument to give effect to the tribunal which will thereby allow it to commence its work as soon as possible.

Catherine Connolly (Galway West, Independent)
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I thank the Tánaiste for the update. Have all members, as well as the necessary administrative and backup staff, been appointed? I gather from the answer that work has not yet begun at the tribunal. The Tánaiste said that in due course he will sign a statutory instrument. When will the tribunal actually start its work?

The Tánaiste has confirmed verbally that if people have not made complaints formally, they will still be included. That is not set out in the terms of reference. Will he clarify that again for the record? It is not in the terms of reference, so it is important that we get clarification.

Trust is of the essence. We are going back to 1990. I have a list of publications, including the report of Senator Tom Clonan from 2000, the independent monitoring group report from 2002, a research paper from 2016 and the Women of Honour report from 11 September 2021. The terms of reference were negotiated, but the Women of Honour were not involved. The burden rested on their shoulders after the failures over the years.

Micheál Martin (Cork South Central, Fianna Fail)
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I made it clear in the Dáil on numerous occasions that the terms of reference cover anybody who did not make a formal complaint to the complaints processes coming before the tribunal and that people can have their issues addressed. In terms of why they would not have, many people felt they were deterred by the complaints processes which existed. Within a week or two, I hope to be in a position to sign the statutory instrument to sort out all of the legal rates. The judge will appoint a backup team and so on. We have provided for a three-year timeframe from the time of establishment of the tribunal to the completion of its work. I expect work to get off the ground in the next number of weeks.

Catherine Connolly (Galway West, Independent)
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I thank the Tánaiste. I know he has confirmed some things, but they were not in the terms of reference.

Micheál Martin (Cork South Central, Fianna Fail)
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They were. We can go back to that.

Catherine Connolly (Galway West, Independent)
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That is why we keep asking these important questions. I looked at the terms of reference. I and other colleagues have raised this issue and the Tánaiste verbally confirmed the terms of reference, which is good. I do not want to repeat what I have said, but this is important. The independent review group told us that neither men nor women were safe. That was a staggering statement. I do not want to repeat what I have said in the short time I have available. We have come to this point because the complaints procedure has failed utterly. There is ambiguity around whether those who did not make a formal complaint are covered by the terms of reference. I appreciate the bona fides of the Tánaiste in saying that they will, but he might appreciate where I am coming from on behalf of the people who had serious doubts about the process from day one.

Micheál Martin (Cork South Central, Fianna Fail)
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Again, there is no ambiguity, nor should there be any, in respect of that issue. I made that abundantly clear at the time the relevant motions came before the House. The issues being covered by the tribunal are very serious, but we have already acted in respect of many of the recommendations of the independent review group, whose conclusions were quite shocking. Any incident of sexual assault or abuse is now immediately referred to An Garda Síochána. We took that decision very quickly in the aftermath of the independent review group report. There have been a range of other decisions in addition to that, apart from the establishment of the tribunal.