Written answers

Tuesday, 8 November 2022

Photo of Duncan SmithDuncan Smith (Dublin Fingal, Labour)
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472. To ask the Taoiseach and Minister for Defence the amount of funding and investment provided for and spent in the Curragh training camp in County Kildare in each of the past three years; and if he will make a statement on the matter. [54247/22]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I am assuming that the Deputy's question relates to major capital building investment at the DFTC, Curragh Camp for the past three years, 2019-2021 inclusive. The table below sets out the information sought.

2019 2020 2021
Refurbishment of Block 7 Plunkett Refurbishment of Block 7 Plunkett Refurbishment of Block 7 Plunkett
Ammunition Depot Building Ammunition Depot Building Ammunition Depot Building
Upgrade of Shower Rooms 1, 2 & 3, Cadet’s Mess Upgrade of Shower Rooms 1, 2 & 3, Cadet’s Mess Provision of Rifle Range & Associated Works
Provision of Rifle Range & Associated Works CCTV Installation Upgrade
Pearse Barracks Refurbishment Refurb Of Hospital Wards 2 And 8
Re-Roofing Of Disaster Store Fire Proofing Upgrade, Cadet’s Mess
CCTV Installation Upgrade
Refurbishment of Hospital Wards 2 And 8
€2.955m €2.587m €2.143m

The Deputy may also wish to note the following major capital projects in respect of the DFTC which are included in the 5 Year infrastructure development programme and are either on site already or at an advanced stage of design delivery:

- Provision of a new Cadet school- main works are now underway and expected to be completed in 2023;

- Provision of a new CIS workshop- design team planning stage;

- Provision of a new ARW Headquarters- design team planning stage;

Photo of Sorca ClarkeSorca Clarke (Longford-Westmeath, Sinn Fein)
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473. To ask the Taoiseach and Minister for Defence if any study has been conducted or report prepared as to the suitability of Columb Barracks, Mullingar, as a location for the erection of portacabins to provide accommodation to those fleeing the war in Ukraine, given that many of the community groups operating from Columb Barracks have no access to water or sewage services. [54350/22]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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As part of the whole of Government response to provide assistance to those fleeing the conflict in Ukraine, I can confirm that my Department has identified the former Mullingar Barracks as a site which could be used to accommodate such persons. It is primarily a matter for the Department of Children, Equality, Disability, Integration and Youth to satisfy itself that the premises are adequate for their requirements. I am advised that my officials have recently received confirmation that it is that Department's intention to use the premises for same.

Photo of Sorca ClarkeSorca Clarke (Longford-Westmeath, Sinn Fein)
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474. To ask the Taoiseach and Minister for Defence if any study has been conducted or report prepared as to the suitability of Connolly Barracks, Longford, as a location for the provision of temporary accommodation to those fleeing the war in Ukraine; and if he will make a statement on the matter. [54351/22]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I am advised that the property referred to by the Deputy is no longer in the ownership of my Department and as such my Department has no role in this matter.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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475. To ask the Taoiseach and Minister for Defence the number of protected disclosures and internal complaints made by members of the Defence Forces in the past ten years; the number that remain open; and if he will make a statement on the matter. [54516/22]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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476. To ask the Taoiseach and Minister for Defence the number of protected disclosures or internal complaints made by members of the Defence Forces in which his Department found against the complainant and which were subsequently upheld in the WRC, by year since 2010, in tabular form; and if he will make a statement on the matter. [54517/22]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 475 and 476 together.

The current legislation pertaining to protected disclosures was enacted in 2014 and hence the detail relating to protected disclosures provided herein commences from that time.

The purpose of the Protected Disclosures Act 2014 (the Act) is to provide a mechanism whereby workers can provide information in confidence to employers relating to relevant wrongdoings as set out in the Act. It also protects persons from the taking of action against them in respect of the making of certain disclosures in the public interest. In the case of members of the Defence Forces, the Ombudsman for the Defence Forces is empowered to investigate their claims of penalisation.

The Act does not set out a process by which information provided by way of a protected disclosure should be investigated. The process adopted, broadly speaking, is one of assessing whether the information provided meets the criteria of the Act and then assessing the best method to investigate the alleged wrong doing using either internal or external methods. A Discloser is not seen as a Complainant and the protected disclosure process does not involve investigating the Discloser or making findings against the Discloser.

The following table details the number of protected disclosures received in the years 2014 to date.

Year Number of Disclosures
2014 2
2015 3
2016 2
2017 11
2018 4
2019 4
2020 12
2021 10
2022 (end of October) 1

Of the total number received since 2014, fifteen remain open. Protected Disclosures can be classified as remaining open for a variety of reasons such as trying to establish whether the Discloser is a worker or information provided may also be linked to separate processes.

Section 16 of the Act provides that subject to exceptions, a person to whom a protected disclosure is made, and any person to whom a protected disclosure is referred in the performance of that person’s duties, shall not disclose to another person any information that might identify the person by whom the protected disclosure was made. On this basis, it would be inappropriate for me to give specific detail that may identify a Discloser.

The Deputy may be aware that with regard to internal complaints, there is a statutory process in place for redress of wrongs for serving members of the Defence Forces, which is enshrined in the Defence Act. I have no statutory role in the process for investigating complaints submitted under the process. I should also underline that this process is separate and distinct to the protected disclosures mechanism.

I am fully committed to compliance with the requirements of the Protected Disclosures Act, 2014 and to the protections contained in that Act.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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477. To ask the Taoiseach and Minister for Defence the number of reviews of training procedures and gender discrimination in the Defence Forces that have been undertaken; the number ongoing; and if he will make a statement on the matter. [54518/22]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I would like confirm to the Deputy that the Workplace Relations Commission recommendations on anti-discrimination law arising from a decision in December 2020 are currently being implemented by the Military Authorities with a view to ensuring that all of the training programmes, materials and associated documents for Defence Forces personnel are fully aligned, and compatible with the provisions of the relevant equality legislation.

A report of a Defence Forces Working Group, comprising membership from the Defence Forces HR, Legal and Training & Education HQ Branches as well as representatives from the Defence Forces Formations, is currently being taken forward, in collaboration with my officials, to ensure the directions of the WRC Adjudication, are implemented.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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478. To ask the Taoiseach and Minister for Defence the number of Defence Forces members who have been required to sign non-disclosure agreements as a result of a legal settlement in respect of actions for sexual harassment, discrimination or bullying in the past 20 years; and if he will make a statement on the matter. [54519/22]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The management of claims against the Minister for Defence in relation to personal injuries alleged to have occurred within Ireland has been delegated to the State Claims Agency (SCA) since 2001. The management of claims in respect of personal injuries alleged to have occurred overseas, claims of post-traumatic stress disorder, bullying and other harassment cases have been delegated to the SCA since 2011. Prior to 2011, these claims were management by the Chief State Solicitor’s Office.

The State Claims Agency (SCA) has advised that confidentiality agreements may be requested by the SCA or the Plaintiff. The SCA does not routinely request confidentiality agreements in relation to claims’ settlements but does so very occasionally when it deems it necessary and appropriate. Where it is requested by the Plaintiff, it is the SCA's practice to agree to enter into a confidentiality agreement.

The SCA has advised that the use of mediation to resolve claims has increased in recent years. The mediation process is entirely confidential between the parties. It is almost invariably the case in mediations that the mediator will ask the parties to sign an agreement attesting to the confidential nature of the mediation and it’s outcome.

The SCA further advises that the National Incident Management System (NIMS) does not capture/record data on confidentiality agreements and so it is not possible to provide statistics on non-disclosure agreements as a result of a legal settlement in respect of actions for sexual harassment, discrimination or bullying.

The CSSO has also been consulted on this matter and has advised that their reporting system is not in a position to readily identify those files where Defence Forces members were asked to sign a non-disclosure agreement.

The Deputy will appreciate that I am not in a position to discuss specific settlements or to comment on the nature of such settlements.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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479. To ask the Taoiseach and Minister for Defence the reason that the 'Women of Honour' have not been briefed on the progress of the review into abuse of personnel in the Defence Forces; and if he will make a statement on the matter. [54520/22]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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480. To ask the Taoiseach and Minister for Defence his plans for a statutory procedure to examine past and ongoing abuse of personnel in the Defence Forces; and if he will make a statement on the matter. [54521/22]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 479 and 480 together.

As the Deputy will be aware, I am committed to ensuring that every member of the Defence Forces can carry out their duties in a workplace underpinned by dignity and equality.

The Judge-led Independent Review Group, established last January by me, following Government approval, is examining the systems, policies and procedures for dealing with issues relating to bullying, discrimination, harassment, sexual harassment and sexual misconduct as well as workplace culture in the Defence Forces.

This Review is well underway and is a necessary and critical first step to address the need for a safe work environment for serving members with zero-tolerance for such unacceptable behaviour. The serving members of the Defence Forces expect nothing less.

There was extensive engagement with the Women of Honour Group and other stakeholders including serving members, in advance of the establishment of the Independent Review to examine issues relating to unacceptable behaviour in the Defence Forces. Without question, the engagements raised very serious concerns and I wish to pay tribute to all parties, including Women of Honour, for the courage they displayed in sharing their experiences.

As the Deputy will be aware, the Terms of Reference provide that it is open to the Review Group to conduct its business through oral and/or written engagement on a group basis and/or individual basis. The Review will include the receipt of the views and experiences from both current and former Defence Forces personnel of workplace incidents of unacceptable behaviour. I wish to underline that the sharing of such views and experiences by interviewees is entirely voluntary and treated in confidence.

I wish to add that the work of the Independent Review Group is entirely independent in keeping with the Terms of Reference. The Group have full independence and autonomy to undertake its body of work, under its Chair, Ms Justice Bronagh O’Hanlon. The Deputy will appreciate that I must allow the Group to undertake its body of work with full respect for their independence and autonomy.

I have received eight updates from the Independent Review Group including when they asked for a 4th member to assist in completing their work. This request was approved. In line also with the Terms of the Review, I have also been briefed via an Interim Report and at the request of the Group, this will not be published, as its work is not complete.

The Deputy will be aware that the Terms of Reference for the Review are wide-ranging and provide that Government may consider further work on receipt of the Independent Review findings. These assurances have been relayed to all stakeholders, including the Women of Honour Group.

As the Deputy will appreciate, I’m eager to have this work concluded. The final report which is to be presented to me at the end of the year, will be brought to Government, before being published.

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