Martin Heydon (Kildare South, Fine Gael) | Oireachtas source

I thank the Senator for raising this important and topical point, considering recent cases in the media. I am responding on behalf of the Tánaiste and Minister for Defence, who unfortunately cannot be present today. I convey his apologies to the House.

First, I unreservedly state my unequivocal condemnation of assaults. I add my voice to those who have commended the courage and dignity of victims who speak out, particularly in relation to recent cases. Such assault and behaviour has no place in modern society or in the Defence Forces, and being in the Defence Forces is no defence for such acts to be carried out. There is no place for domestic, gender or sexual-based violence anywhere in our society.

My colleague, the Minister for Justice, Deputy Helen McEntee, recently published a targeted 2024 implementation plan for further delivery of "zero tolerance" – the third national strategy on domestic, sexual and gender-based violence. The zero-tolerance strategy is a whole-of-government response to domestic, sexual and gender-based violence, and the 2024 implementation plan contains actions for a wide range of Departments as well as various State bodies.

Regarding specific points raised by the Senator, the process for a military representative in court cases is captured in defence force regulations, namely, DFR A7 paragraphs 55 to 58, which specify that a military representative is required to be present during the trial in a civil court - criminal court - of an accused member of the Defence Forces. The role of that representative, which is also provided for in the regulation, is to assist the court, if called upon, to do so with any queries the court may have in respect of the service record of the accused member. It should be noted that, under paragraph 57 of the regulation, the officer detailed to attend the trial is not required to disclose any information concerning the accused soldier unless required to do so by the court. If required by the court, and again in line with the regulation, the military liaison officer will furnish any information in his or her possession as to the soldier’s character and service, and full particulars of any previous convictions by a civil court or by a court martial for an offence under the Defence Act. The officer detailed to attend civil trial of a soldier will be furnished by the soldier’s commanding officer with a certified copy of the soldier’s record sheet, which is an A.F. 43(a), copies of any other documents in possession of the unit relevant to the soldier’s previous service or conduct or to previous trials or convictions of the soldier by a civil court.

Immediately after the conclusion of the proceedings, the officer attending the trial will prepare a brief but comprehensive report of the trial and findings. This report, together with documents originally furnished, will be transmitted by such officer to the soldier’s commanding officer directly.

As the Senator may also be aware, subject to the provisions of defence force regulation, DFR A10 paragraph 58(m), a person of the Permanent Defence Force may be discharged as a result of conviction by the civil power. The application for discharge will be accompanied by full details of the case together with the individual’s conduct sheet, A.F. 43, and copies of civil convictions.

If the conviction carries sentence of imprisonment or penal servitude and discharge is directed, it will be effected with all convenient speed, the date of discharge determined by the officer in command. If the conviction carries a suspended sentence, the discharge, if directed by the officer in command, will be carried out as soon as possible after the case has been dealt with by the civil power. Of note also, discharges under this subparagraph will not be carried out until it has been ascertained that no appeal against the conviction is pending or, where an appeal has been made, until the appeal has been heard and determined.

Where a member has been convicted of an offence by a civil court, it is assessed at the time that if such activities pertaining to the charge in question represent a serious element of misconduct and disreputable activity, the commanding officer can recommend discharge as a result of conviction by the civil power. In the case of last week’s court ruling, which we are all familiar with, I am advised that this process commenced on Monday and is in train.The Tánaiste has already asked the Defence Forces for a full report on the number of current Defence Force members who have had convictions of gender-based violence and other convictions. This report is expected imminently and will be immediately assessed on receipt for further actions. It would be inappropriate for me to comment while the assessment by the military authorities is ongoing. The Tánaiste has also requested a full report on the circumstances where a member of the Naval Service was kept in service following a conviction last November, as highlighted recently in reports. The same defence regulation in relation to this case is now being applied to this member.

I want to be absolutely clear. The Government has zero tolerance of domestic violence and gender-based violence and does not believe that this behaviour should be tolerated in any way by our Defence Forces.