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

Gabhaim buíochas leis an gCathaoirleach agus le Baill an Tí as ucht an deis seo labhairt leo faoin ábhar ríthábhachtach seo. I thank the Cathaoirleach and Members for affording me the opportunity to bring this very important matter to the House. They will recall that last April we discussed the report of the independent review group established to examine dignity and equality issues in the Defence Forces. The contents of the report were shocking and stark. The group's analysis and assessment of the current culture in the Defence Forces show deep long-standing issues around unacceptable behaviours, including sexual misconduct, sexual harassment, bullying and harassment, a complaints handling system that is not fit for purpose, and legislative frameworks, policies, systems and procedures that are out of date and out of step with modern human resource practice.The Government agreed to progress the recommendations in the report, and this included approval in principle of the establishment of a judge-led statutory inquiry to investigate whether there have been serious systemic failures in the complaints system in the Defence Forces with regard to interpersonal issues, including but not limited to sexual misconduct. The Government has now approved a motion to establish a tribunal of inquiry. It was passed by Dáil Éireann last week. I commend the motion for resolution by Seanad Éireann.

I pay tribute to Women of Honour, members of which are in the Visitors Gallery. At a time when it was not easy to do so, they stood up. The clarity and power of their account had a catalytic effect, setting in motion a journey that has brought us to this point. The personal courage, dignity and resilience shown by those who came forward and shared their horrific personal experiences have made a deep and lasting impression on me. I also pay tribute to Men and Women of Honour, whose members likewise shared their experience with us, PDFORRA, RACO and all the other groups and individuals in the Department I interacted with as part of this process.

The production of the independent review group report was a very important and valuable undertaking. It represented an essential scoping exercise to establish the extent to which the current legislative frameworks, policies, procedures and practices, as well as the workplace culture, were not aligned with the fundamental principles of dignity, equality, duty of care, and mutual respect. Following Government approval of the report, draft terms of reference for a statutory inquiry were initially prepared last May in consultation with the Attorney General and shared with a wide variety of groups and individuals. I consulted extensively on the establishment of the inquiry and the terms of reference. Reflecting on the range of views expressed, I determined that an open, independent and transparent appraisal of the issues raised by the various groups and independent review group is the best way to examine the issues. On that basis, last July I obtained the approval of the Government to establish a judge-led tribunal of inquiry pursuant to the provisions of the Tribunals of Inquiry (Evidence) Act 1921, as amended. When I met the various groups, particularly Women of Honour, they were adamant that the inquiry should be a public, sworn inquiry like the Charleton inquiry on the grounds that prior to that, all of the experience had been behind closed doors. Others might have argued for a more in camera commission of inquiry but, on balance, given the prioritisation of transparency and openness, we opted for the tribunal-of-inquiry model as opposed to the commission-of-inquiry model. The judge will of course have the capacity to hear particular submissions or cases in cameraif that is the wish of the person concerned. It is a matter for the chair to decide upon and judge each individual case.

Since that decision, I have continued to engage with the stakeholder groups and individuals. I had quite a number of meetings with the Women of Honour group, in particular, in May, June, July, September, November and December. Working closely with the Attorney General, the terms of reference were amended on a continual basis and expanded on foot of feedback received. I assure the House that we considered carefully all the views and observations received during the consultation period. I will give an illustration. Some of the decisions on the terms of reference influenced by this process and by submissions made by Women of Honour, in particular, include the following: the statutory inquiry will be by way of a tribunal of inquiry; physical torture, physical assault and psychological harm will now be included within the definition of abuse; the Protected Disclosures Acts 2014 and 2022 will be included within the definitions of complaints processes; the investigation of whether complaints were actively deterred; whether there was a culture that discouraged the making of complaints; provision of safeguards for serving members who give evidence to the tribunal; provision for the waiver of non-disclosure agreements; that the tribunal may permit evidence of abuse and the consequences of abuse to be heard; provision for the investigation of the response to complaints regarding the use of hazardous chemicals within the Air Corps headquarters in Baldonnel; and to consider the adequacy of the complaints processes in light of the responses to these.I have also clarified - and I reiterate today for the benefit of Senators, in order to remove any doubt - that those who did not make a formal complaint while working within the Defence Forces or subsequently, or who did not come forward to engage with the IRG process but have experiences similar to those that are now the subject matter of this tribunal, will be able to come forward and be heard by the tribunal. Let Senators have no doubt about that. It is in the terms of reference.

The terms of reference now represent a thorough and fair basis for a full examination of the issues raised and the problems identified. In framing the terms of reference, I have endeavoured to properly capture the feedback I received and make a judgment on what I believe to be the best, fairest, most thorough and most effective way forward. That is what these terms of reference represent. It is important for everyone involved to now establish the tribunal and allow it to commence its work without further delay, given the gravity of the issues before it.

When the IRG report was published, I stated it was a watershed moment and had to be a catalyst for change. As Tánaiste and Minister for Defence, I have proceeded on that basis. In the time since publication I have driven forward a number of changes. At my direction, all complaints of alleged sexual offences by members of the Defence Forces are passed directly to An Garda Síochána for investigation. In July 2023, the Government agreed a Bill that will ensure An Garda Síochána will have sole jurisdiction within the State to investigate alleged sexual offences committed by persons subject to military law. Any subsequent cases will be dealt with by the civil courts. I established an external oversight body, which will be a critical element in driving the necessary culture change throughout the Defence Forces and in increasing transparency and accountability. We approved its terms of reference last July. I recently sought and received Government approval for the drafting of the defence (amendment) Bill 2023, which will include provisions relating to the establishment of the external oversight body on a statutory basis.

I also look forward to bringing forward legislation to establish an independent external complaints system for members of the Defence Forces. With the assistance of an external legal firm, extensive work is under way to ensure Defence Forces policies and practices are compatible with the provisions of the relevant equality legislation. An associated but very relevant and important element of this work is in the area of maternity and protected leave policies.

The IRG report also called for the establishment of a complaints process for civilian employees and civil servants, whereby they can have access to redress in respect of complaints concerning grievances or dignity at work issues where the matters concerned relate to their interactions with members of the Defence Forces. In this regard, I recently appointed Mr. Kevin Duffy as the independent chair of a new working group to develop a complaints process for civilian employees and civil servants who work with the Defence Forces. Taken together, I hope this list of areas where progress is being made will reassure Members, and, more importantly, those women and men serving the country in our Defence Forces, of how seriously the Government takes the issues identified by Women of Honour and the various groups and the conclusions of the independent review group process.

Coming back to the immediate issue at hand, namely, the establishment of this tribunal, the Government has approved the appointment of Ms Justice Ann Power to chair the tribunal, and I thank her for agreeing to do so. Ms Justice Power brings a wealth of experience to the role having served as a Judge of the Court of Appeal since November 2019. She is also a judge of the World Bank Administrative Tribunal. Funding has been provided for this year and arrangements made for its future funding. A premises in Smithfield, Dublin has been provided by the Office of Public Works for the purposes of the tribunal.

The Defence Forces are a source of great pride throughout our country and represent one of the key institutions of our nation. The IRG report set out the path to their modernisation and was clear on what needed to be done to ensure a positive transformation into an organisation fully reflective of contemporary Irish society and fully respectful of all those who serve. This tribunal will play a critical role in this transformation and it is now time to press ahead. My hope is that it is timely, efficient and effective in the greatly important work it will do. We wish Ms Justice Power and her team the very best in getting under way as early as possible this year. I commend the motion to the House.