Catherine Connolly (Galway West, Independent)
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332. To ask the Taoiseach and Minister for Defence if he is satisfied at the way in which the protected disclosure section of the Department operates; if he is satisfied with the way in which protected disclosures are dealt with; and if he will make a statement on the matter. [62284/22]

Simon Coveney (Cork South Central, Fine Gael)
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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 disclosures. 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. Each disclosure is dealt with on its merits and the time to consider matters can be influenced by the complexity and multiplicity of events outlined. 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.

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.

Members of the Defence Forces may also avail of the statutory processes in place for redress of wrongs. 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. The Deputy may wish to note that the provisions of the Protected Disclosures (Amendment) Act 2022 will commence on the 1st January 2023.

Catherine Connolly (Galway West, Independent)
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333. To ask the Taoiseach and Minister for Defence the status of a protected disclosure (details supplied); and if he will make a statement on the matter. [62285/22]

Catherine Connolly (Galway West, Independent)
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334. To ask the Taoiseach and Minister for Defence the status of a protected disclosure (details supplied); and if he will make a statement on the matter. [62286/22]

Catherine Connolly (Galway West, Independent)
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335. To ask the Taoiseach and Minister for Defence the status of a protected disclosure (details supplied); and if he will make a statement on the matter. [62287/22]

Catherine Connolly (Galway West, Independent)
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336. To ask the Taoiseach and Minister for Defence the status of a protected disclosure (details supplied); and if he will make a statement on the matter. [62288/22]

Catherine Connolly (Galway West, Independent)
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337. To ask the Taoiseach and Minister for Defence the status of a protected disclosure (details supplied); and if he will make a statement on the matter. [62289/22]

Simon Coveney (Cork South Central, Fine Gael)
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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 disclosures.

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 of any disclosure that may identify a Discloser.

I am fully committed to compliance with the requirements of the Protected Disclosures Act, 2014 and to the protections contained in that Act. The Deputy may wish to note that the provisions of the Protected Disclosures (Amendment) Act 2022 will commence on the 1st January 2023.

Catherine Connolly (Galway West, Independent)
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338. To ask the Taoiseach and Minister for Defence the position of the person who makes determinations in respect of internal complaints submitted by members of the Defence Forces; and if he will make a statement on the matter. [62290/22]

Simon Coveney (Cork South Central, Fine Gael)
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I wish to advise the Deputy that the Chief of Staff has overall responsibility for discipline and order within the Defence Forces. The provisions provided in the Defence Act, therefore, with regard to military discipline, operate independently of myself, as the Minister.

A serving member of the Defence Forces may avail of a number of processes to pursue any complaint in relation to their treatment or experiences within the Defence Forces. Defence Forces Regulations A7, in the first instance, provides the regulatory framework for dealing with such matters for serving members of the Defence Forces.

Within this framework, Administrative Instruction A7, Chapter 1 sets out the Defence Forces policy and procedures regarding interpersonal relationships in the Defence Forces including bullying and harassment, in order to deter unacceptable behaviour and promote a service environment based on mutual respect, equality and professionalism. The framework provides for complaints of this nature to be dealt with in both a formal and informal way through a trained Designated Contact Person (DCP) network.

Under this process the individual’s Unit Commander issues a “Commander’s Decision” on the matter following an investigation of a formal complaint.

Chapter 2 of Administrative Instruction A7 provides another formal mechanism for members, under Section 114 (1) and 114 (2) of the Defence Act, 1954, to seek redress of wrongs or to make a complaint. The objective of the process is to resolve grievances at the earliest possible point within the military structure. Complaints may be submitted orally or in writing to the complainants Commanding Officer, or in the case where they feel themselves wronged by their Commanding Officer, may complain to the Chief of Staff. If a complaint cannot be resolved at Formation level, it is forwarded to the Chief of Staff for his considered ruling on the matter. Notifications are sent to my office and the office of Ombudsman for the Defence Forces formally when any Chapter 2 complaint is submitted and of its subsequent outcome.

Under this mechanism there exists also recourse for the complaint to be referred to the Ombudsman for the Defence Forces (ODF) for investigation and recommendation if appropriate. The Ombudsman, as your will be aware, is entirely independent in carrying out his functions in line with the provisions of the Ombudsman for the Defence Forces Act, 2004, and his final report, which may include a recommendation on each complaint, is submitted to me for determination.

A serving member may also, in line with Section 6 of the Ombudsman (Defence Forces) Act 2004, submit a complaint directly to the Ombudsman, without having first initiated a complaint under the Redress of Wrongs process within timelines set down in that Act. Former members of the Defence Forces may also make their complaint directly to the ODF also within given timelines.

In the event that a complaint of a potentially criminal nature is reported, the standard procedure is that the matter is investigated immediately by the Military Police. Where allegations of criminal incidents among serving member are brought to the attention of the Military Police, they are traditionally passed to An Gárda Síochána for their consideration and investigation, who have the lawful authority, skills and resources to investigate such matters.