Vincent P Martin (Green Party) | Oireachtas source

The worrying allegations in recent weeks have proved upsetting for many. I reside in a county with a very proud Defence Forces record. The vast majority of members of the Defence Forces, who work so hard, are upset about the besmirching of and damage done to the good name of the Defence Forces and everything they stand for. The allegations of sexual harassment, sexual assault and workplace bullying and discrimination in the Defence Forces are clearly intolerable but what has compounded the issue are not the actions of a very few but the manner in which it was dealt with, or not dealt with. These allegations highlight a workplace culture that appears intolerant of diversity and which, to date, has been bereft of the ability to deal with it. The Green Party commends the courage, strength and heroism of the women of honour in telling their stories and bringing these manners into the public domain. Every organisation must counter bullying, sexual harassment and discrimination head-on. Organisation leaders need to lead this fight.

On this day, I think of retired captain, author and security analyst, Dr. Tom Clonan. Speaking truth to power can at times be a lonely, dark experience. We should ask Dr. Clonan. I think of the many great advocates that Ireland is blessed to have, such as Noeline Blackwell, the great lawyer. I thank the Minister for being unequivocal because anything less than an external independent review would have been entirely unacceptable.

What can we do for these people who have suffered so much? At this late hour, there are a few things we can do. Under the Criminal Evidence Act 1992, as inserted in the Criminal Law (Sexual Offences) Act 2017, in the case of sexual offences in the criminal courts, the accused is no longer permitted - thankfully by legislation - to personally conduct a cross-examination of the complainant, as the victim is known in criminal law. This legislative move also prohibited the accused person in serious sexual offences in the criminal courts from carrying out any cross-examination of any witness under 18 years or any complainant victim. This prohibition was not imposed on the court in absolutist terms, and nor should it be. The court has the discretion to act in the best interest of justice. It can grant civil criminal legal aid and, if needs be, it can appoint a legal representative to carry out what might be a necessary cross-examination. That could be a lasting legacy.

Perhaps we should look at this issue in the round and undertake a broader review than just courts martial. I am thinking of coercive control matters which may not be related to a sexual offence. Perhaps we should prohibit personal cross-examination by the accused of the victim in such cases. If the Department of Defence will not do this, I will undertake to introduce legislation, perhaps on a cross-party basis, an area in which the House has a proud tradition. Words are not enough at this stage. We can help the situation by translating words into action.

I congratulate Katie Hannon. It was upsetting for many last night to hear that the accused, with a smirk on his face, was able to cross-examine a brave and courageous victim by asking her if she had taken many drinks and why she had not locked her bedroom door. Those days are over in Ireland and Seanad Éireann will ensure that is the case if the Government does not do so.

The Defence Forces, as the organisation charged with defending our society and its values, must be an exemplar to all. It is vital, therefore, that the Defence Forces provide an inclusive workplace where differences are respected and fulfilling and fruitful careers are achievable by all, irrespective of gender, ethnicity, religion, sexual orientation or social circumstances.

Throughout the history of the Defence Forces, particularly when the State faced major crises, notably in the 1940s, for a protracted period in the 1970s and also in the past 18 months, we have been able to call upon the Reserve to augment the Permanent Defence Force. This work is often not visible as reserves integrate seamlessly, to their great credit, with their permanent colleagues. Sadly, however, recent years have seen the almost terminal decline of the Reserve Defence Force. Despite the tremendous efforts of those personnel still serving, the total number of reservists has dwindled for years to the point that the very survival of the Reserve is now in question. This Bill, which the Green Party and I are happy to support, marks a significant milestone in the history of the Reserve Defence Force. I welcome further discussion of this important legislation because I see its passage as an opportunity to reinvigorate the so-called Reserve, start afresh, breathe new life into it and give meaningful and rewarding roles in the future to those who dedicate their time to serving the State. They are definitely not doing it for money, as Senator Gallagher said. They believe in our flag and country.

Contributing to international peace and security through overseas service is one of the most important roles of our Defence Forces. Our reserves will also be able to contribute to these very important missions.It is well known that the Permanent Defence Force is suffering critical skills shortages and this is starting to place considerable strain on a number of areas. Specialists from the Reserve Defence Force in areas such as engineering, medical fields and IT have the potential to offer assistance overseas in the short term. Overseas service should not simply be limited to specialist areas, however. Over the medium and longer term, overseas service should also be an option for all reservists. This will require further action from the Oireachtas in terms of employment, protection and other supports. I look forward to working with Members on this.

I will conclude in the way I started. It would be remiss of me not to lead and finish by thanking the Minister again but he also said something that will mean so much to those victims. He said that he believes them. It is a short and small thing to say but he said it with sincerity and no-one questions his integrity. I believe we have to turn to a brighter future with a clear, new break from the past. Let us start with conducting a proper, thoroughly independent and external review of those wicked allegations, which are really upsetting and are damaging the great work of so many who were in the Defence Forces - the Óglaigh na hÉireann of which we are so proud.