Brendan Smith (Cavan-Monaghan, Fianna Fail)
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83. To ask the Taoiseach and Minister for Defence the progress to date in advancing the recommendation of the Commission on the Defence Forces, with particular reference to the locations of Defence Forces formations; and if he will make a statement on the matter. [28210/24]

Micheál Martin (Cork South Central, Fianna Fail)
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As Minister, I am deeply committed to the transformation of the Defence Forces into a modern fit for purpose organisation to defend the State and meet the challenges of today and the future.

The Commission on the Defence Forces was established on foot of a commitment in the Programme for Government, and its report was published on the 9th of February 2022. There were 69 main recommendations and with sub recommendations there were 130 recommendations in total. The Commission undertook a significant body of work, encompassing wide-ranging terms of reference. It recommended significant changes for the Defence Forces and Defence provision in Ireland. It covered high-level Defence Forces structures, defence capabilities, organisation, culture and human resources, the Reserve Defence Force and funding.

Much progress has been achieved since the Commission’s report was published, with 21 recommendations completed and work ongoing across many others. Government noted that, in light of the Commission’s report, there is an urgent need for HR and cultural transformation in the Defence Forces and this will be prioritised. While we are still in the early stages of the transformation process, a number of recommendations that have been implemented to-date have had a significant impact on members of the Defence Forces.

A great deal of work still needs to be done and it will need concerted effort by all involved.

The Detailed Implementation Plan sets out the significant progress that is expected in 2024. By the end of this year it is anticipated that 54 of the Commission's recommendations will be fully implemented, with many more being progressed over the course of the year.

There are a number of Government approved, Commission recommendations contained in the report which may impact on the structure of the Defence Forces including that the structure of the Army be reviewed, and in that context, the disposition of Units across the Defence Forces may be considered.

The recommendation, that the structure of the Army be reviewed, was identified as an Early Action in the High Level Action Plan. However, no decisions on the future disposition or locations of Defence Forces formations, installations and personnel have been made at this time. In keeping with the recommendations of the Commission on the Defence Forces, military authorities have established an office of Army Force Design which will undertake the significant work required to give effect to this recommendation.

Transformation efforts of the magnitude recommend by the Commission take time, and can only be successful if they are built on solid foundations. I have confidence that the structures that have been put in place and progress to date will ensure the successful delivery of the transformation effort.

Pauline Tully (Cavan-Monaghan, Sinn Fein)
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84. To ask the Taoiseach and Minister for Defence if his Department's tendering process for the supply of equipment for the Defence Forces takes into consideration if a company has had business deals with repressive regimes or has been convicted of bribery; and if he will make a statement on the matter. [28236/24]

Micheál Martin (Cork South Central, Fianna Fail)
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The principle of competitive tendering for Government contracts is used by the Department of Defence for the acquisition of defensive equipment for the Defence Forces. Central to those procurement procedures are EU law requirements that have to be complied with. This is to ensure fair competition, transparency and equal treatment between suppliers through the advertising of the tender competition on the e-Tenders or the Official Journal of the European Union (OJEU) tender platforms.

The Department of Defence carries out its procurement functions in accordance with legislation and is obliged to follow the procurement regulations in the selection of economic operators with regard to the award of contracts. Public procurement regulations require applicants to meet certain standards when applying for public contracts. The criteria upon which contracting authorities may exclude applicants from the award procedure of public contracts in the fields of defence and security are set out in Regulation 42 of S.I. No. 62 of 2012 European Union (Award of Contracts relating to Defence and Security) Regulations 2012.

These regulations set out that the Department as the contracting authority shall exclude from consideration any person who, to the knowledge of the Department, has been convicted of an offence involving participation in a prescribed criminal organisation, corruption, fraud, terrorist offences or offences linked to terrorist activities, or money laundering.

Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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87. To ask the Taoiseach and Minister for Defence how it is proposed to strengthen the Reserve Defence Forces; and if he will make a statement on the matter. [28120/24]

Micheál Martin (Cork South Central, Fianna Fail)
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The Government remains committed to bolstering the numbers in the Reserve Defence Force (RDF). One such measure in support of this commitment has been the increase in upper recruitment and mandatory retirement ages for the RDF to match comparable increases for the Permanent Defence Force (PDF), which were brought into effect in March of this year.

The structure and strength of the RDF is a key focus of the Defence Forces Office of Reserve Affairs (ORA) which was established in line with a recommendation from the Commission on the Defence Forces Report (CoDF). The immediate focus of this Office has been on the development of a Regeneration Plan, in addition to focusing on general recruitment into the RDF.

Since the launch of the most recent RDF recruitment campaign last October, which remains open, there are currently 771 live RDF applications proceeding through the system, with over 505 interviews concluded; 473 fitness tests and 314 part 1 medicals completed; 239 follow-on part 2 medicals completed; and 149 applicants already attested this year. This already far exceeds the total number of 66 inductions for 2023 as a whole and points to the positive gains being made following the establishment of the (ORA).

I am advised that a broad spectrum of initiatives are currently under development, to enable the RDF to develop and deliver enhanced military capabilities where and when required in support of the PDF.

These initiatives, will be outlined in the Reserve Defence Force Regeneration and Development Plan which is currently being finalised by the ORA and is due to be submitted to me in the near future.

I am advised that this plan, which addresses one of the recommendations in the Report from the Commission on the Defence Forces, will contain a number of actions concerning the recruitment, resourcing and bolstering of the RDF, as well as a number of other recommendations set out in that Report, pertaining to the RDF.

I am pleased to note also that there continues also to be very constructive and collaborative engagement with my officials and the military authorities on these matters, which is further complemented by informal bi-monthly discussions with RDFRA, the Association representing the Reserve.

The ultimate goal for me as Minister for Defence, is the development of a Reserve Force that can seamlessly train, operate and deploy on a voluntary basis, with the Permanent Defence Force, both on-island and overseas.

Patrick Costello (Dublin South Central, Green Party)
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89. To ask the Taoiseach and Minister for Defence for an update on the implementation of the Defence Forces Independent Review Group (IRG) recommendations; and if he will make a statement on the matter. [28228/24]

Micheál Martin (Cork South Central, Fianna Fail)
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The report of the Independent Review Group (IRG) established to examine dignity and equality issues in the Defence Forces was published following Government approval on 28 March 2023. The Government agreed to progress the 13 recommendations contained in the Report. Some actions have already been completed while others will take further time due to the requirement for legislative change.

One of the first actions taken following publication of the IRG report was the establishment of an External Oversight Body (EOB), initially on a non-statutory basis. The EOB is a critical element in driving the necessary culture change throughout the Defence Forces and increasing transparency and accountability. Professor Brian MacCraith is Chair of the Body and last July the Government approved its Terms of Reference. To date, the External Oversight Body has met on 28 occasions and I recently received its second written report. I have also met with the Chair on a number of occasions including as recently as last Friday, 28 June.

The Defence Amendment Bill 2024, which is currently progressing through the Oireachtas and is scheduled for Committee Stage debate in the Seanad tomorrow, includes provision for the establishment of the External Oversight Body on a statutory basis.

In a further significant development, in January of this year motions to establish a Tribunal of Inquiry were approved by both Dáil Éireann and Seanad Éireann. The Terms of Reference for this judge-led Inquiry provide that it is to examine the effectiveness of the complaints processes in the Defence Forces concerning workplace issues relating to discrimination, bullying, harassment, sexual harassment and sexual misconduct. It will also have the power to investigate the response to complaints made regarding the use of hazardous chemicals within Air Corps’ headquarters at Casement Aerodrome, Baldonnel. I recently signed a Statutory Instrument to give effect to the formal establishment of the Tribunal. The Tribunal Chair is Ms. Justice Ann Power and she delivered the Tribunal's Opening Statement at its first public sitting on Monday 24 June last.

In addition, following publication of the IRG Report, I committed, in line with its recommendations, to introduce, on an interim basis, an independent complaints system to deal with complaints of an inter-personal nature, such as complaints of inappropriate behaviour, bullying, harassment and sexual harassment. Following extensive policy and legislative analysis, and consultation with the External Oversight Body, I recently approved, in principle, an interim solution which accords with the current legislation but which will take the complaints process outside of the immediate chain of command for the complainant. This is now the subject of a consultation process with various stakeholders, including the Defence Forces’ Representative Associations and meetings in this regard are to take place shortly.

In addition to this work, the Defence Forces have carried out a review of its internal Redress of Wrongs procedure. A report has been submitted to me in this regard and, having considered the report, I have now written to the Chief of Staff with a view to progressing next steps.

Furthermore, last December I appointed Mr Kevin Duffy, former Chair of the Labour Court, as the Independent Chair of a Working Group established to develop a complaints process for civilian employees and civil servants working with the Defence Forces. This Working Group has met on five occasions and is making good progress on framing a proposal for my consideration.

A complete overhaul of the existing complaints system will, however, most likely involve numerous changes to primary legislation and therefore full implementation of all of the IRG's recommendations will take time. In the meantime, both my Department and separately the EOB, have met with Mr Justice Alan Mahon, the Ombudsman for the Defence Forces, to ensure that his office is fully resourced to deal with all complaints received, including complaints that are of an inter-personal nature.

In addition to what I have outlined, there are a wide range of further initiatives that have taken place since the publication of the IRG report.

One of the key actions taken was in July 2023 when the Government approved the text of the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023. Part 4 of the Bill amends sections 169 and 192 of the Defence Act 1954 in line with a recommendation in the IRG Report. These amendments will ensure that An Garda Síochána will have sole jurisdiction within the State to investigate alleged sexual offences committed by persons subject to military law. Any subsequent cases will be dealt with by the civil courts. The Bill has passed all stages in Dáil Éireann and is currently at Report Stage in Seanad Éireann.

Following discussions with officials in my Department, the Garda Commissioner established a helpline for victims of sexual assault to historic or current report cases. The Commissioner has also established a targeted operation to examine cases of alleged sexual assault in the Defence Forces.

With the assistance of an external legal firm, extensive work is underway to ensure that the Defence Forces are compatible with the provisions of the relevant equality legislation, while the Defence Forces has also developed and rolled out Sexual Ethics and Responsible Relationship (SERR) workshops in cooperation with UCC. These workshops commenced in September 2023 and are mandatory for all personnel to attend. This important programme has been delivered by Professor Louise Crowley of the UCC School of Law and I took the opportunity to meet personally with Professor Crowley to discuss the importance of the work she is carrying out.

I want to be absolutely clear. The Government has zero tolerance for domestic and gender-based violence and I do not believe that any such behaviour can in any way be tolerated in our Defence Forces. I have been absolutely clear since becoming Minister for Defence on the need for urgent transformation of the culture in the Defence Forces and I am adamant that the Defence Forces must be a place where no one convicted of serious physical assaults, sexual offences or domestic or gender-based violence can continue to be engaged in active service.

My Department is working tirelessly with Defence Forces’ colleagues to take the steps required to bring about the culture change that is so urgently required. This work this is being overseen by the External Oversight Body and represents a significant programme of reform and culture change that is being prioritised to ensure that the Defence Forces is an equal opportunities employer, is reflective of contemporary Irish society and provides a safe workplace.