Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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107. To ask the Taoiseach and Minister for Defence when the vacant position of third-party adjudicator for the Permanent Defence Forces Conciliation and Arbitration Scheme will be filled; and if he will make a statement on the matter. [47117/21]

Simon Coveney (Cork South Central, Fine Gael)
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The Department of Public Expenditure & Reform (DPER) is responsible for managing the process for the appointment by Government of an Adjudicator for all such schemes operating across the public service including in respect of the C&A Scheme for members of the Permanent Defence Forces.

As the Deputy will be aware the term of the previous Adjudicator ended on 30 June 2021.  I am informed that consultation is underway by the Department of Public Expenditure and Reform regarding the appointment of a new Adjudicator and that officials from that Department are actively working to progress the appointment of an Adjudicator for all of the C&A Schemes concerned.

This work includes the Civil Service and Teachers in addition to the Permanent Defence Forces, and for which a single appointment to all these C&A schemes is now required. As part of this appointment process the Defence Force Representative Associations, along with all other relevant stakeholders, will be consulted as the process to appoint a new adjudicator progresses.

It goes without saying that the appointment of a new Adjudicator is required to be progressed as soon as possible and in that regard my Officials have been in regular contact with the Department of Public Expenditure and Reform, including at the highest levels, in seeking to expedite this important matter.

My Department will continue to actively liaise with that Department on the matter of the appointment and my Department and I remain fully committed to seeking to ensure the ongoing effective and efficient functioning of the C&A Scheme for the Permanent Defence Forces, which has served all parties to the scheme well throughout the years.  

It is also the case that the Arbitration Board for the C&A Scheme for members of the Permanent Defence Force remains in situ to hear disputes that might become the subject of formal disagreement and that normal engagement through Council and regular correspondence also continues to fully function in order to address matters appropriate to the Scheme.

John Lahart (Dublin South West, Fianna Fail)
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109. To ask the Taoiseach and Minister for Defence if he will report on the implementation of the Strengthening our Defence Forces - high-level implementation plan. [47148/21]

Cormac Devlin (Dún Laoghaire, Fianna Fail)
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133. To ask the Taoiseach and Minister for Defence the status of the implementation of the Public Pay Commission's report on the Defence Forces; and if he will make a statement on the matter. [47145/21]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 109 and 133 together.

The Report of the Public Service Pay Commission (PSPC) on Recruitment and Retention in the Defence Forces was published on the 4th of July 2019. The Report was accepted in full by the Government at that time and an extensive High Level Plan titled "Strengthening our Defence Forces – Phase One” was also agreed and published on the same date.

A total of 15 projects were undertaken.  At this point in time, most of these projects have been completed.

4 of them, relating to immediate pay have provided immediate benefits to PDF members totalling some €10m, as well as initiatives that will lead to further improvements. Also completed are projects on enhanced professional military education; bespoke leadership training, development of a mental health and wellbeing strategy, non-pay retention measures, consideration of the provision of additional specialist posts in certain areas and a review of technical pay groups.

For the project Review of Technical Pay Groups 2 – 6, sanction has been received from the Department of Public Expenditure and Reform to proceed with the recommendations in the report. This is now being progressed through the Department’s Conciliation and Arbitration Process.

The Review of Pay Structures project was intended to examine pay structures in the Defence Forces and to fall under the new public service pay agreement “Building on Momentum”. However, in the intervening period, the Commission on the Defence Forces was tasked with examining pay structures.

The recommendations of a further project dealing with incentivised long service arrangements for NCOs and other ranks, will also be considered in the context of the sectoral bargaining element of “Building on Momentum”.

The project examining Barriers to Extended Participation in the PDF was split into two phases. Phase 1 focussed on reviewing mandatory retirement ages for Officers and is nearing completion pending clarification from the Department of Public Expenditure and Reform on a matter relating to pension rules. Phase 2 is examining the contracts of service for enlisted personnel and has recently been submitted to me. There will be consultation with the Department of Public Expenditure and Reform prior to discussions with PDFORRA on the recommendations arising from the Report.

A review of recruitment in the PDF has been completed and the final report has also recently been submitted to me for approval. The Workforce Planning Project is being progressed through the joint civil/military Strategic Human Resources Group.

Additionally, the recommendations of the ongoing independent Commission of the Defence Forces, relating to recruitment and retention, will be considered and implemented as appropriate.

Michael McNamara (Clare, Independent)
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110. To ask the Taoiseach and Minister for Defence if he will provide an update on the Defence Forces' process of implementing recommendations on anti-discrimination law; and if he will make a statement on the matter. [47130/21]

Sorca Clarke (Longford-Westmeath, Sinn Fein)
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139. To ask the Taoiseach and Minister for Defence the progress that has been made on the Workplace Relations Commission recommendations following the successful case brought by a person (details supplied). [46797/21]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 110 and 139 together.

The Deputy will be aware that WRC rulings are in the public domain and will be also aware that the Adjudicator in his December 2020 ruling on two complaints brought by an individual, upheld one complaint on the grounds of gender discrimination in relation to promotion, owing to the treatment of absences in terms of access to promotion contrary to S.8 (1) of the Employment Equality Acts 1998-2015.  The Adjudicator found that the Minister did not discriminate against the Complainant, and did not victimise her, within the meaning of S.2, S. 6(1) and S. 74 (2) of the Employment Equality Acts 1998-2015 as alleged in the individual's second complaint.

The directions of the ruling are currently being implemented by the military authorities with a view to ensuring that all of the training programmes and materials for Defence Forces personnel are fully aligned, and compatible with, the provisions of the relevant equality legislation and that follow-on actions will be progressed. A Defence Forces Working Group is established comprising membership from the Defence Forces HR, Legal and Training & Education HQ Branches as well as representatives from the Defence Forces Formations.  The Working Group has had 12 plenary meetings to date in addition to meetings of sub-groups. Progress is continuing in line with the timelines set out in the ruling which will be fully complied with.