Niall Collins (Limerick County, Fianna Fail)
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305. To ask the Taoiseach and Minister for Defence if he is satisfied that anti-bullying policies are in place in his Department and each State body and agency under his aegis; if such polices are being implemented effectively; the amount paid in compensation for bullying claims in each of the past five years in his Department and each State body and agency under his aegis in tabular form; the action which has been taken to ensure such cases do not arise in future; and if he will make a statement on the matter. [30748/17]

Paul Kehoe (Wexford, Fine Gael)
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My Department fully subscribes to all civil service policies in the area of Human Resource Management, including the Dignity at Work Policy. One of the main principles of the Dignity at Work Policy, which was launched in 2015, is that every member of staff has a right to work in an environment free of any form of bullying, harassment, or sexual harassment. Following its Launch in 2015 the Policy was circulated to and publicised for all staff members in my Department and is now included in the induction pack for all new personnel .

In relation to Civilian Employees in my Department the document “A Positive Working Environment” sets out the policy on harassment, sexual harassment and bullying for State industrial employees. The policy, agreed at National Joint Industrial Council for State Industrial Employees (JIC), is designed to ensure compliance with the codes of practice issued under various pieces of legislation. The policy applies to all State industrial employees including employees on contract. Experience has shown that it has been effective in dealing with issues in the workplace, particularly in resolving issues at local level in accordance with the agreed procedures under the policy.

It is considered that these arrangements are sufficiently robust to deal with allegations of bullying and harassment in the civilian workplace. All civilian staff, as well as Employing Officers, are fully aware of their responsibilities in this area. On appointment all civilian employees are provided with a Civilian Employee Information Handbook. This Handbook deals with, among other things, Sexual Harassment, Bullying in the Workplace, Grievance Procedures and Dispute Resolution Procedures. Under each of these headings, the Department’s policy and the procedures to be followed, should an employee wish to have a particular issue or incident dealt with or investigated, are set out. All Employing Officers are copied with the Handbook which is updated when required.

A Positive Working Environment - the anti harassment, sexual harassment and bullying policy, is available to all Civilian Staff. An update of this document, the Dignity at Work Policy is currently with the various Trade Unions (circulated at the Joint Industrial Council for State Industrial Employees) for their observations.

A confidential Counselling support service is also available for all civilian employees.

A formal grievance procedure is also in place. This code covers all State industrial employees who come under the remit of the JIC, which operates under the aegis of the Workplace Relations Commission. This document is also readily available to all employees and sets out the procedures and options available should an employee wish to pursue a complaint or grievance.

The only State body currently under the aegis of the Department of Defence is the Army Pensions Board. The Army Pensions Board is staffed by a civil servant from the Department of Defence.

In the past five years one case of alleged bullying and harassment has resulted in compensation being paid out to a civilian employee by the Department. The case was settled in 2015 and the terms of the settlement, including the amount of compensation, decreed that it was confidential to the parties involved.

As regards the procedures in place within the Defence Forces to deal with bullying I would like to reiterate that it is Defence Forces policy that all personnel have a right to be treated with respect, equality and dignity and to carry out their duties free from any form of bullying, harassment or sexual harassment. While military life entails robust and effective military training, such training must, however, take place in a professional service environment that fully respects individual human dignity. Bullying and harassment of any kind are wrong and are not tolerated within the Defence Forces. They are entirely unacceptable in themselves and wholly incompatible with a successful and modern organisation.

All known incidents of such behaviour are properly investigated bearing in mind the need for due process which requires fairness to all parties to the complaint. Through the induction process and general notifications, the non-tolerance of unacceptable behaviour is stressed to all members of the Defence Forces. The formal and informal procedures in force are there to encourage any individual who wishes to make a complaint. Procedures for dealing with complaints of Bullying, Harassment and Sexual Harassment are set out in Defence Forces Regulations. Complaints of unacceptable behaviour can be dealt with at different levels, either in an informal approach or formal manner. The overall aim is to ensure that the complaint is dealt with, in the first instance, at the lowest level possible. Informal complaints can be resolved directly by the complainant with the assistance of a third party if required. Such third party can include any member of the Defence Forces who has the trust and confidence of the complainant. Specially trained Designated Contact Persons (DCPs) are also available to assist complainants.

The formal procedure requires that a complaint is made in writing. These are dealt with by the military chain of command either through the legal/disciplinary process or by administrative action.