Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I thank Senators for the opportunity to contribute to this important debate. Having discussed the report of the independent review group in the Dáil on 30 March, it is important that Seanad Éireann should also have an opportunity to discuss it. I understand everyone here shares my view that the health, sustainability and strength of our Defence Forces is a question of fundamental national importance. I record my appreciation for the seriousness with which the Upper House has approached this issue.

The work and report of the independent review group raise the most profound issues. I am grateful to its chair, Bronagh O'Hanlon, and all those involved for the forthright manner in which the report is written and the clarity of its findings and recommendations. The value of the report has been demonstrated by the widespread support for its recommendations and the universal reaction of shock and dismay at its content and conclusions. People are understandably appalled that such unacceptable and appalling practices took place and continue to take place today in such a vital arm of the State. Many people, not least thousands of serving and former members of the Defence Forces, are disappointed and angry that the institution has been and continues to be let down by those who have behaved and continue to behave in such inappropriate and unacceptable ways.

It is important that we act quickly to build on the work of the review. A statutory inquiry is one of the logical and necessary next steps. Senators will be aware that I have obtained Government approval to establish the independent judge-led statutory inquiry recommended in the report. This inquiry will investigate whether there have been serious systemic failures in the complaints system in the Defence Forces in respect of interpersonal issues, including, but not limited to, sexual misconduct. As set out in my recent Dáil statement, I intend to bring forward terms of reference for the inquiry as soon as possible and to engage with stakeholders in their preparation. I am currently in consultation with the Attorney General on the appointment of a judge to lead the inquiry and I intend to bring a nomination to the Government in the coming weeks.

As I said in my initial response to the report, a completely honest appraisal of the problems and a comprehensive plan to address them is the only way to honour the contribution of serving and retired personnel. It is the only way to rebuild trust. In that spirit, I am clear that the Department of Defence must and will be included in the terms of reference of the statutory inquiry. It is vitally important that all stakeholders recognise that the transformation required, including the statutory inquiry, will address the issues that are important to them.

This moment of reckoning, this catalyst for change, has come about, first and foremost, because of the personal courage and resilience of those who decided to share their personal stories. I take this opportunity to express again my deep appreciation to all the groups, including Women of Honour and Women and Men of Honour, that have come forward. As I made clear when I addressed the Dáil on this subject, I look forward to engaging with all stakeholders when they have had the opportunity to consider the report in detail. In addition, we cannot ignore the findings of the Mohan report, published last month, which also point to the need for a complete reset in the Defence Forces culture with regard to responsibility and accountability.

While the independent review group report addresses the experience of both men and women and details some horrific abuse of both, the experience of many women within the Defence Forces, in particular, has been appalling. A reference in the report that has resonated far and wide is that the Defence Forces "barely tolerates women". At a time when it is recognised that we need more women in the Defence Forces, particularly at the higher ranks, such comments could hardly be more damaging. The conclusions regarding discrimination, particularly in respect of maternity policies, are scarcely believable in the context of a modern workplace.

The report identifies the major volume of work that now needs to be done, but I take this opportunity to inform Senators of some relevant work that is already being done. Everybody here will be aware of the recommendations from the Workplace Relations Commission, WRC, on anti-discrimination law. With the assistance of an external legal firm, extensive work is already under way to ensure practice within the Defence Forces is compatible with the provisions of the relevant equality legislation and in line with the WRC direction. An associated, relevant and important element of this body of work is the area of maternity and protected leave policies. A number of policy documents, including regulatory amendments, are to be submitted to me shortly for consideration and approval.

As I have said since the publication of the report, resistance to change within the Defence Forces, as identified by the independent review group, is no longer an option. As Tánaiste and Minister for Defence, I will not tolerate it. As I and others have consistently said, any allegations of serious sexual misconduct are properly a matter for the criminal justice system. I have directed therefore, with immediate effect, that all allegations of sexual assault by serving members occurring in the State are to be referred directly to An Garda Síochána for investigation and prosecution. Legislation to formalise this will be brought forward without delay. Following publication of the report and discussions with my officials, the Garda Commissioner, Drew Harris, has established a helpline for victims of sexual assault to report historic or current cases. In addition, he has established a targeted operation to examine cases of alleged sexual assault in the Defence Forces. These are welcome initiatives.

As Senators are aware, An Garda Síochána does not have jurisdiction to prosecute offences that arise outside the State. However, we must make sure such investigations are carried out with all due diligence. The military police can and will continue to benefit from the guidance and expertise of An Garda Síochána in respect of offences that occur outside the State. To this end, my officials and the military authorities are currently examining options to formalise the level of guidance and co-operation to be provided by An Garda Síochána regarding overseas incidents.

Part of the reason the issues identified in the report have gone on for so long has been the prevalence of a culture in which victims did not feel empowered to speak up. There is a clear and immediate need to remove the fear of reprisals and retaliation for making a complaint, which many people feel would be career-ending to do. I will bring forward legislation without delay to establish an independent complaints system.In the meantime, I have emphasised, and I reiterate today, that serving members can submit their complaints directly to the Ombudsman for the Defence Forces without having to submit themselves to internal processes first. The development, also without delay, of a retaliation prevention strategy with appropriate and robust sanctions will be another critical element in tackling and beating the culture of fear and silence where unacceptable behaviour is concerned. Separately, the recommendations of the recent Commission on the Defence Forces are also important. The strategic framework we are putting in place to drive these through will be an important enabling mechanism for delivery of the independent review group's, IRG’s, actions.

There have been many reports and plans in the past, and I want to acknowledge the work that was done by Senator Tom Clonan in this area almost a quarter of a century ago. However, my priority now is to ensure there is one strategic plan for the transformation of the Defence Forces, fully understood by everyone, that has the appropriate governance and reporting mechanisms and is properly resourced. I want progress to be seen internally and to be reported externally. Clear and irrefutable evidence of change on the ground is the only thing that will rebuild the trust and confidence of serving members. Our end goal has to be a safe workplace where self-worth is actively promoted and mutual respect becomes a dominant feature in an organisation which is open to change. I want a career in the Defence Forces to be one where every individual feels valued, respected and recognised for the positive contribution they are making to the country’s security.

The establishment and work of the external oversight body, recommended in the report, will be a critical element in achieving this goal. I am pleased to report progress on this front. The report recommended eight appointments from specific categories of expertise. I have already appointed six of these, including the independent chair, Professor Brian MacCraith, and I intend to complete the process in the near future. I am pleased to confirm that the oversight group met for the first time on 17 April. I have spoken to the chair and understand that the meeting was professional and productive. Once the body is fully established with its full membership in place, I will then introduce legislation to put it on a statutory footing.

The implementation of the IRG’s recommendations will require a considerable and shared effort, not least on the part of the Defence Forces’ leadership, and I am confident, following extensive discussions with the Chief of Staff, that the scale of what is needed is understood. The last month has been a very challenging period for the Defence Forces, but for the good, professional people of integrity who serve, it also marks a new start. For the perpetrators of any form of unacceptable, misogynistic or bullying behaviour, this has to be the end of it. I am clear they must have no place and no future in Óglaigh na hÉireann.

Our Defence Forces are made up, in the overwhelming majority, of men and women who have made the decision to pursue a career in the service and security of their country. As a Government, we have made it clear that we will make the unprecedented investment necessary to build a Defence Forces that is fit for purpose and worthy of the oath they swear. With the support of the Houses of the Oireachtas, we will pass the legislation necessary to ensure that the Defence Forces is the quality workplace they deserve.

Our Defence Forces are and have been a key pillar of Irish life since before the foundation of our State. They have been central to the presentation of our foreign policy in the world and our record as a nation strongly committed to the rules-based international order. When I think of the young men and women in our Defence Forces that I have met across the country and overseas, and those that will come after them, I am hugely encouraged in the belief that their personal character and courage, their leadership and commitment, will help ensure that Óglaigh na hÉireann will come through this crisis, that the contribution they make can continue and that they excel in the years and decades to come.