Dáil debates

Thursday, 16 May 2024

Ceisteanna Eile - Other Questions

Tribunals of Inquiry

9:20 am

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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4. To ask the Taoiseach and Minister for Defence the timeline for when the tribunal of inquiry to examine the effectiveness of the complaints process in the Defence Forces will be fully up and running; and if he will make a statement on the matter. [22038/24]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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21. To ask the Taoiseach and Minister for Defence further to Parliamentary Question No. 6 of 21 March 2024, the status of the tribunal of inquiry to examine the effectiveness of the complaints process in the Defence Forces; the details of how people can make submissions to the tribunal; what legal supports will be available to people who make submissions; and if he will make a statement on the matter. [22003/24]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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My question specifically relates to the tribunal of inquiry to examine the effectiveness of the complaints process of the Defence Forces. When will it sit to hear, bearing in mind that in September it will be three years since the Katie Hannon show featuring the Women of Honour, who showed courage. It is more than two years since the independent review. We are into our fourth month since the Tánaiste announced the tribunal of inquiry. Will he give us the details?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 4 and 21 together.

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 both Dáil Éireann and Seanad Éireann.

The tribunal chair is currently finalising arrangements to allow the inquiry to commence its work at the earliest possible date. This includes the appointment of legal and administrative staff to support the work of the tribunal. A premises in Smithfield, Dublin, has been provided by the Office of Public Works for the purposes of the inquiry and arrangements are ongoing to ensure that it is ready for its first public sitting day.

I will be signing a statutory instrument to give effect to the formal establishment of the tribunal very shortly. Following this, I anticipate that the tribunal will publish an opening statement containing general guidance for all persons who wish to engage with it on matters relevant to its terms of reference. This would include information about how people can make submissions to the tribunal. It will be a matter for the tribunal to determine how it conducts its subsequent investigations. As is normal in these cases, decisions on the granting of legal representation will be entirely a matter for the tribunal.

9:30 am

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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I welcome the fact that we are beginning to get a little bit of clarity. A premises has been procured, which is good. The statutory instrument has not yet been signed, which is not so good. What is the delay? When will that be signed? That is still vague. I am conscious all of the time of the background to this, the delay and the whole history, which I will not go into at this time. The inquiry that was set up said "Notwithstanding the role of the Defence Forces, neither men nor women in the Defence Forces are working in a safe working environment." That is putting it mildly and taking the easiest statement from the inquiry's report. Many things harsher than that were said. It is essential that we get clarity around that. There will be a public statement from the person who is appointed. The question of legal help and legal advice is still unclear. The Minister says it is a matter for the tribunal. Will those who come forward make oral submissions or written submissions? I also seek clarity on legal assistance and costs.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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We have indicated that the tribunal will be located in Smithfield. There were issues to discuss regarding legal representation, costs and so on. That is all sorted. I anticipate the commencement order being signed within the next fortnight. My officials will bring the commencement order for me to sign. It is normally the case that, once we appoint a chairperson, that chairperson organises the conduct of the tribunal and I do not see that changing in this instance. While parties will have entitlements to legal representation and so forth, it is a matter for the chair to organise how the tribunal is conducted and the nature of submissions made, whether written or oral. I do not want to go into the work of the chair of the tribunal. Once the Dáil approves the terms of reference and the Government appoints a chair, the tribunal will operate within the context of the Tribunals of Inquiry (Evidence) Act 1921 as a public inquiry under that Act. That is what the Women of Honour group and others sought because they wanted full transparency. The chair will operate within that Act. We are determined. As the Deputy has said, very serious issues were raised in the work of the independent review group, which was established after the revelations of the "Women of Honour" programme on RTÉ. That work took a year. The group made its conclusions, which were important in themselves, and that then led to the establishment of the tribunal.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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The Tánaiste has gone back a little bit. What happened here, the length of time and the whole lot, was simply unacceptable. It took a documentary to spur the Government into action but that is now history. At this point, have the administrative staff been appointed? Is a full team now in place? When will the statutory instrument be signed? Will it be signed today or tomorrow? Are the administrative staff in place? The actual procedures are also very important for people. This is a tribunal into the effectiveness of the complaints process, which is absurd in itself but that is where we are. It is clear that the complaints process was totally inadequate and ineffective and led to abuse of process. That is my opinion and it is certainly the opinion of many others as well. To make sure that there is trust, we need clarity on how people are going to make their submissions and on the legal advice that will be available to them. Will legal advice be available to them? Will that be made clear on the first day the tribunal sits? When will the tribunal sit for its opening day?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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As I said in my previous reply, I expect to sign that commencement order within a fortnight, if not sooner. A tribunal has to do a lot of preparatory work before hearings are announced. That is normal and allows for people to make submissions and so forth. I do not anticipate any difference from the legal representation parties have had in previous tribunals of inquiry. A lot of progress has been made on staffing and on getting this up and running but a lot of preparatory work is required to get a tribunal of this nature established. It will require a lot of resources on the part of the Department and the Defence Forces to allow them to co-operate fully with the tribunal. Others making submissions will obviously also require support.