Seanad debates

Tuesday, 30 January 2024

Defence Forces Tribunal of Inquiry: Motion

 

1:00 pm

Photo of Frances BlackFrances Black (Independent) | Oireachtas source

I welcome the Minister of State to the House today. I acknowledge the courage, dignity and resolve of the campaigners and whistleblowers who brought this issue to light, the Women of Honour who are here today, the Defence Forces Justice Alliance and the Canary Movement. I am glad that Senator Clonan is in the Chamber to speak about this proposal. It is powerful to have someone who has shone a spotlight on this issue for so many years, at great personal cost, to be able to give his view as a parliamentarian. It is important to say that. The Irish people owe much to these men and women for refusing to be cowed by a hostile, reactionary and abusive system. Many of them faced retaliation for speaking out, but they knew that the truth mattered and they refused to be silent. Their bravery and honesty should be the catalyst for a root-and-branch reform to ensure that the kind of abuse that marred their lives and careers is never experienced by any of the brave and committed people who seek to serve their country and communities by joining the Defence Forces in future. I am glad that a tribunal of inquiry is going to take place, even though I share the frustration of many of the survivors of the abuse that this step was not taken sooner.

Reading the report from the independent review group on the dignity and respect issues in the Defence Forces was one of the most harrowing and dispiriting things I have had to do in my time in the House. The stories of abuse and harassment were egregious. Rapes and sexual assaults were committed in Defence Forces facilities. Women soldiers serving abroad were told that they needed to put two locked doors in between their sleeping quarters and their supposed comrades to avoid being raped. Women had to physically barricade themselves inside their quarters to protect themselves against attack. All of it is shocking. People were submerged in vats of potentially toxic chemicals and decaying animal carcases in sadistic hazing rituals. I do not detail these events for cheap shock value. It is important that we not allow the legal and bureaucratic language associated with reports, investigations and parliamentary procedure to obscure the barbarism of what occurred. Some people entrusted with the job of defending our country saw the abuse of their colleagues as a form of sick entertainment. People were bullied, criminally assaulted and tortured by their work colleagues. Most of these people never received justice. Soldiers who participated in these acts of violence and degradation were protected, promoted and given positions of authority. That is horrifying, but we need to reckon with the extent of the dysfunction inside the Defence Forces. Major cultural reform is needed to restore public confidence and address the recruitment and retention crisis that the Defence Forces are experiencing.

I outline this horrible material to illustrate that my main problem with this tribunal of inquiry’s terms of reference is that they are focused on the function, or lack of function, of the complaints process in respect of the abuse. This is an important component of getting to the truth of what happened, but it is only part of the story. Insufficient emphasis is given to the abusive and criminal behaviour that is the root of all of this. I have no doubt that Ms Justice Ann Power is a capable and dedicated choice to lead the tribunal, but she can only work within the confines of the terms of reference. There is some scope for interpretive manoeuvring, but this definition seems excessive, narrow and focused on issues of process rather than substance. It is not a surprise that many campaigners are not happy with the terms of reference. They seem to have been drafted to limit the tribunal’s ability to explore the extent of the abuse and designed to contain a crisis rather than fully address the structural issues at play so that real transformative change can be made. Sunlight is the best disinfectant. The best way to make change in a dysfunctional organisation is to introduce truth, transparency and accountability without fear or favour. It saddens me that people who have already endured so much and have had to fight to get a tribunal of inquiry are now left unsatisfied by its terms of reference. That is devastating.

There is an unfortunate pattern in this country of Government negligence and sometimes complicity allowing systems of abuse and exploitation to operate in various institutions. When people victimised by these systems come forward, they are smeared, retaliated against and belittled. When the media gets involved and the political class can no longer avoid it, progress is made, but survivors are fought every step of the way by a State that seems more interested in keeping a lid on the situation and limiting its liability than on exposing the truth and achieving a just and fair outcome.The processes that dealt with clerical sex abuse, mother and baby homes and other issues were so deeply flawed and it seems like successive Governments are not learning how to design processes that are victim-centred and fit for purpose.

In our submission to the consultative forum last summer, the Civil Engagement Group raised dignity and respect issues in the Defence Forces. In a political context where the Government is talking about massive capital expenditure on military hardware and an expanded role for Irish soldiers in global conflicts, the unresolved issues with the Defence Forces appear even more glaring. Unfortunately, I think this issue received little to no attention in the forum session and the resulting report. The hierarchy of the Defence Forces needs to get its own house in order instead of contemplating buying fighter jets or warships. The priority should be reforming the Defence Forces and ensuring the members, and this is really important, are paid a decent wage and are treated with the dignity and respect they deserve.

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