Billy Timmins (Wicklow, Fine Gael)
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Question 1421: To ask the Minister for Defence the policy to deal with bullying in his Department; if same has been circulated to all employees; if there are outstanding law cases regarding the issue by employees; if cases were dealt with or settled since 1 January 2000, and if so, the number of same; if his Department has legislation dealing with the issue of bullying or plans to introduce such legislation; and if he will make a statement on the matter. [1914/06]

Willie O'Dea (Limerick East, Fianna Fail)
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"A Positive Working Environment: an Anti Harassment, Sexual Harassment and Bullying Policy for the Civil Service" is the Civil Service policy for dealing with harassment, sexual harassment and bullying in the workplace. The original policy, introduced in July 2000, has been recently revised to reflect developments at national and EU level since the publication of the original policy, as well as taking on board the experience gained in the Civil Service in the operation of the policy. The revised policy has been circulated to all staff and will be formally launched by the Secretary General of my Department this week. The revised policy came into operation on 1 September 2005. The human resources branch of my Department monitors the issue of bullying and deals with any instances in line with the Civil Service policy. A complaint has been made to the equality tribunal by one civil servant in my Department. There have been no legal cases involving civil servants since 1 January 2000.

In regard to the State industrial employees, or civilian employees, of this Department, the policy to deal with bullying is also covered by "A Positive Working Environment". Information regarding this policy was included in an employee handbook recently issued to all employees and copies of the policy document are available to civilian employees on request from the human resources branch of my Department. The extension of the revised policy to State industrial employees is currently under consideration by the Department of Finance and the various Departments that employ State industrial employees. My Department is currently dealing with two on-going legal cases concerning bullying involving civilian employees. No other such cases have been dealt with or settled since 2000.

I do not have any plans to introduce legislation in this matter for the Defence Forces as there are in place existing military administrative instructions to address this issue where it arises. These administrative instructions are made pursuant to the Defence Act 1954 and Defence Forces regulations. Defence Forces administrative instruction part 7 codifies the policy and procedures in the conduct of interpersonal relationships and procedures available to personnel concerning the reporting and investigation of allegations of bullying in the Defence Forces. The Defence Forces have had such formal policies and procedures on bullying and sexual harassment in place since February 1996. The report of the Government task force on the prevention of workplace bullying in March 2001 required all public and private organisations to reassess their policies in this area. In 2001, the Defence Forces commenced a re-examination of procedures to bring them into line with the best practice in both the wider public service and in the private sector. Administrative instruction part 7, which deals with the procedures concerning allegations of bullying, was revised to reflect developments in best practice. The instruction in its updated current format was introduced in March 2003. The updated instruction and a user's guide were distributed to every member of the Permanent Defence Force. The Defence Forces and the Department have taken a wide variety of initiatives in relation to the Defence Forces since Dr. Eileen Doyle and the external advisory committee, tasked with examining this issue in the Defence Forces, presented their original report, "The Challenge of a Workplace" in March 2002. This independent report addressed the range of interpersonal issues within the Defence Forces. Its contents and recommendations were accepted in full.

Implementation of the recommendations of the Doyle report has been one of the highest priorities for the Defence Forces and the Department since its publication. An independent monitoring group established in May 2002 to oversee the implementation of these recommendations reported to my predecessor on 24 September 2004. The independent monitoring group's progress report, "Response to the Challenge of a Workplace", is available on the Defence Forces website and describes in detail the very significant progress achieved since the publication of the original Doyle report in 2002.

Arising from the Doyle report, the following steps have been taken with regard to the Defence Forces. Firm guiding principles have been set out in the Defence Forces dignity in the workplace charter. A major educational awareness programme is ongoing throughout the Defence Forces. A new administrative instruction on interpersonal relationships was introduced in March 2003. The instruction and a user's guide were distributed to every member of the Permanent Defence Force. Some 188 of a planned 200 designated contact persons, or DCPs, have been fully trained and are deployed throughout all Defence Forces posts and barracks, both countrywide and overseas. The DCPs will facilitate the operation of the formal and informal procedures that may be used by any party wishing to institute a complaint. An independent external confidential free phone helpline and counselling service was set up for members of the Permanent Defence Force in March 2003. An independent pilot project of exit interviews seeking the experiences and views of outgoing members of the Permanent Defence Force was conducted. Leadership training has been given by external experts and has been the subject of NCO focus groups with an emphasis on training the trainers. Changes in cadet school instruction have been initiated and issues concerning the ranking, selection and training for cadet school instructors are being addressed. Defence Forces regulations, administrative instructions, policies and procedures have been reviewed by an equality steering group under a Labour Court chairperson. The Defence Forces Ombudsman has now been appointed and the practical arrangements for the operational aspects of her office are in progress. An officer within the Defence Forces human resources management section has been assigned responsibility for Equality matters. A training circular entitled "Military Code of Conduct for Students and Instructors in all Training Environments" was issued in 2004 and was followed by an extensive series of associated workshops for all relevant personnel.

The Chief of Staff has repeatedly emphasised that he has recognised the necessity to tackle this matter in a fundamental way at all levels of the Defence Forces and has demonstrated a very active and genuine commitment in the area. He has emphasised that it is incumbent on all commanders to ensure that best practice in the management of personnel is fostered at all levels in order to eliminate the problems identified in the Doyle report. Policies on equality, dignity and bullying are being constantly communicated to all ranks within the Defence Forces. I am satisfied that the military authorities are alert and vigilant to this issue and are committed to addressing the matter in a continuing and proactive manner through educational modules on interpersonal relationships which are now embedded in career courses for all ranks. The matter continues to receive the highest priority in the Defence Forces in terms of incorporating the correct ethos in training at all levels and in terms of maintaining the resources necessary to assist personnel in tackling difficulties where they may arise. With regard to legal cases, my Department has received a number of personal injury claims alleging bullying or sexual harassment. The number of cases disposed of after 1 January 2000 are shown below, along with the number of cases currently outstanding.