Bernard Durkan (Kildare North, Fine Gael)
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269. To ask the Taoiseach and Minister for Defence the extent to which various grievances arising from issues in the Defence Forces including pay and conditions, have been met or are in the course thereof; and if he will make a statement on the matter. [5493/23]

Micheál Martin (Cork South Central, Fianna Fail)
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The Deputy will be aware that, with its approval of the Report of the Commission on the Defence Forces, that the Government committed to a range of actions to address pay and recruitment issues in the Defence Forces. These include a number of projects undertaken to bolster the attractiveness of a career in the Defence Forces, covering a range of measures which will improve pay and conditions.

In 2022, the Department of Defence implemented two of the pay-related recommendations of the Report; namely, that all personnel of Private 3 Star/Able Seaman rank were paid the full rate of Military Service Allowance (MSA) applicable to the rank, while at the same time, the requirement for that cohort to ‘mark time’ for the first three years at that rank was removed.

These measures resulted in the pay rates (incl. MSA) for Private 3 Star/Able Seamen, in their first three years of service, starting at €36,419 in Year 1, rising to €37,788 in Year 2, and €39,050 in Year 3. These compare very well to starting rates of pay across the public service.

Access to the Sea-going Service Commitment Scheme for personnel with one year’s service in the Naval Service was also delivered on (reduced from three years), as were extensions of the Naval Service Sea Going Commitment Scheme and the Naval Service Tax Credit, as well as extending service limits for Privates, Corporals and Sergeants.

Also, and specifically in terms of pay, the Deputy will be aware that the Defence Forces are paid increases in pay and allowances in line with Public Service pay agreements.

The most recent of these, the extension to the ‘Building Momentum’ pay agreement, ratified by the Defence sector Representative Associations last autumn, provided for increases in pay and allowances to all public servants, including members of the Defence Forces. This agreement provided for a 6.5 % increase over 2022 and 2023, including: 

- 3%, backdated to 2nd Feb 2022

- 2 % on 1st March 2023

- 1.5% or €750, whichever is the greater, on 1st October 2023

Pensionable allowances in the nature of pay will also benefit.

The 3% increase back-dated to February 2022 was paid to all serving members of the Defence Forces members by 30 November 2022 last. Preparations are underway to pay the next tranche of 2%, due on 1st March 2023. Furthermore, the 1% increase backdated to 1 October 2022 (agreed under the original Building Momentum agreement) was also paid by 30 November 2022.

In addition to this,  the implementation of the Sectoral Bargaining Fund element of the original Building Momentum Pay Agreement, in 2022, resulted in additional payments totalling €373,000 extra per annum - payments which will primarily benefit over 470 of the Defence Force’s lower paid members.

The implementation of the findings of the Technical Pay Groups 2-6 review, also in 2022, resulted in almost €1 million in additional technical pay to those covered by the Review by the year's end.

In addition to the general round increases arising out of ongoing national pay agreement, that I have referred to already, members of the Defence Forces have also benefitted from the implementation of increases in allowances, as recommended by the Public Service Pay Commission in 2019.

It is important also to note that for those Defence Forces personnel who have specialist appointments, based on training or qualifications, there are a range of additional allowances available to them.

Bernard Durkan (Kildare North, Fine Gael)
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270. To ask the Taoiseach and Minister for Defence the degree to which gender balance is being achieved in the Defence Forces at all levels; and if he will make a statement on the matter. [5494/23]

Micheál Martin (Cork South Central, Fianna Fail)
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The Government remains committed to a policy of equal opportunity for men and women throughout the Defence Forces and to the full participation by women in all aspects of Defence Forces activities. It is also Government policy to increase female participation rates at all levels of the Defence Forces in order to increase capability and to better reflect the society from which the Defence Forces are drawn and serve.

As of 31 December 2022, the strength of the Permanent Defence Force (PDF) stood at 7,987 Whole Time Equivalent (WTE) personnel. Of this some 564 personnel or 7% were female, broken down as follows:

- Army: 456 Female Personnel

- Air Corps: 43 Female Personnel

- Naval Service: 65 Female Personnel 

In the three general service recruitment campaigns conducted in 2022, approximately 11% of the Applicants were female while the figure for cadet Applicants was approximately 14%. I have been advised that the Defence Forces have engaged a Marketing and Media partner to assist with recruitment advertising to ensure engagement with the recruitment demographic across social media and other media platforms. A number of initiatives are already in place with a view to increasing the level of female participation. For example: Special consideration is paid to women as a target group for recruitment within the general recruitment framework, including a Female Recruitment Standing Committee reporting on initiatives for 2022, with dedicated female recruitment teams proposed. The Defence Forces actively engage with schools to conduct career talks and regularly attend events aimed at future career choices for schools. Each of these events is attended by both male and females serving members. A Gender Equality and Diversity Officer has been in place for a number of years to promote gender equality policies and training within the Defence Forces. Gender Advisors are available to all Brigades and Services and trained Gender Focal Points are deployed with all overseas units and ships in order to promote a gender perspective in operations. A Defence Forces Women's Network was established with the aim of increasing the participation of female personnel at all levels of the organisation. The High Level Action Plan agreed by Government on the Commission on the Defence Forces contains a range of recommendations designed to assist in increasing female participation in the Defence Forces. A number of these recommendations have been identified as early actions, including the appointment of a senior Gender Advisor at Colonel level, options for female participation at General Staff level, review of fitness standards, and the development of gender, diversity and unconscious bias training. These are important recommendations which will underpin the commitment to moving to a strong representation by women across the ranks. A a key element of any successful organisation, of course,  is that its members can undertake their work in an environment underpinned by dignity, equality and respect. From the extensive engagements with both serving and former members of the Defence Forces, it is all too clear that despite the reforms that have taken place over the past 20 years in the Defence Forces, the systems, policies and procedures for dealing with unacceptable behaviour have not, and are not serving all Defence Forces personnel well. The Judge-led Independent Review Group, established on 25 January 2022  has been examining those very  systems, policies and procedures for dealing with issues relating to bullying, discrimination, harassment, sexual harassment and sexual misconduct in the Defence Forces as well as the prevailing workplace culture.

Separately, I am aware that the Military Authorities have undertaken a number of initiatives. In November 2021, the Defence Forces Chief of Staff, Lieutenant General Seán Clancy convened the Organisational Culture Standing Committee (OCSC) to drive and coordinate the process of cultural change within the Defence Forces. The OCSC will provide appropriate military support to the Independent Review and establish a cultural change programme, framed around the Chief of Staff’s Planning Guidance, and coordinate its implementation.  The programme includes but is not limited to:

- Measures of Performance (MOPs) and Measures of Effectiveness (MOEs).

- The requirement for Cultural Audits.

- Appropriate reporting, measurement and oversight mechanisms.

- The OCSC is engaging with leaders at all levels across the Defence Forces, and has the authority to engage with any Defence Forces member it deems appropriate throughout the consultation process.

As I have already mentioned, the Independent Review Group are nearing the conclusion of the report and it’s expected to be submitted to me later this week.  I am eager to receive this Report and will consider it in full, in consultation with the Attorney General before bringing it to Government and its publication.

Bernard Durkan (Kildare North, Fine Gael)
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271. To ask the Taoiseach and Minister for Defence the extent to which efforts are being made to ensure that serving members of the Defence Forces, who on retirement through injury and or claim, find that on receipt of pension, any award received by them is deducted from their pension; if urgent efforts can be made to address the issue in early date, notwithstanding that provision has been made previously for such a situation; and if he will make a statement on the matter. [5495/23]

Micheál Martin (Cork South Central, Fianna Fail)
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I take it that the Deputy is referring to the process under Section 13(2) of the Army Pensions Act, 1923 that applies to the award of disability pensions and gratuities under the Army Pensions Acts, and the notification of this process to individual applicants.

The Army Pensions Acts provide for the grant of pensions and gratuities to former members of the Permanent Defence Force in respect of permanent disablement due to a wound or injury attributable to military service (whether at home or abroad) or due to disease attributable to or aggravated by overseas service with the United Nations.  

Section 13(2) of the Army Pensions Act, 1923, as amended, provides that “Any compensation which may be received from or on behalf of the person alleged to be responsible for the act which caused the wounding ... may be taken into consideration in fixing the amount of any pension, allowance or gratuity which might be awarded under this Act to or in respect of such person and if such compensation is received after the award of any such pension or allowance the Minister may review the award and, having regard to the amount of such compensation, either terminate or reduce the amount thereof.” 

The underlying objective of Section 13(2) is to prevent double compensation in respect of the same disablement.  Compensation of the kind in question would usually result from a civil action for damages against the Department of Defence, but compensation received from any other source is not excluded. 

The provisions do not apply to disability pension cases related solely to disablement due to disease attributable to or aggravated by overseas service with the United Nations.  They apply only to wound pension cases involving wound or injury, or to disease cases where the disease is secondary to a wound or injury.

There have been a number of key cases both at Supreme and High Court levels involving Section 13(2), and the procedures in place in relation to individual cases take account of these judgements. The Courts, in various judgements, have upheld the Minister’s statutory right to take into consideration that part of the damages which can properly be regarded as general damages or that part which can properly be regarded as referable to loss of earnings, as he considers proper. 

The reduction of these pensions is provided for under legislation and is done on foot of a bona fide decision by the Minister after careful consideration of the specific circumstances of the individual case.   The person or his/her solicitor is advised of the statutory provisions and of the potential implications of his/her application. Representations are invited regarding, in particular, the person's circumstances; details of the compensation actually received; and whether there are any special or extenuating circumstances involved. On receipt of representations, cases are submitted to the Minister for decision, setting out the relevant facts of the case, including details of the representations made and an actuarial assessment (in pension cases). The actuarial assessment, which is carried out by an actuary based in the Department of Public Expenditure and Reform, translates the compensation into an annuity value based upon various assumptions, including the date the money was received and the life expectancy of the individual. Full account is then taken of the representations made and of the actuarial assessment before a final decision is made personally by the Minister.

When an applicant makes an enquiry about a disability pension they are sent documentation which alerts them to the possibility of a Section 13(2) reduction in cases where compensation has been received for the same wound/injury.  Upon receipt of an application, where the applicant has declared they have received, or are in the process of applying for, compensation for a wound/injury in respect of which they are now making a disability pension application, the applicant’s attention is again drawn to the possibility of a reduction under Section 13(2).  Checks for any claims for compensation are carried out within my Department at various stages throughout the application process and if any claims are discovered which have not been declared by the applicant, the applicant’s attention is drawn to these.

I am satisfied that at all stages of the disability application process applicants are kept fully informed about the possibility of a Section 13(2) reduction to any potential award of pension or gratuity. 

The application of this Section 13(2) process is a statutory provision and there are no plans to discontinue or review the application of it.