Cormac Devlin (Dún Laoghaire, Fianna Fail)
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104. To ask the Taoiseach and Minister for Defence the action he is taking to drive cultural change in the Defence Forces; and if he will make a statement on the matter. [28148/24]

Micheál Martin (Cork South Central, Fianna Fail)
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Since becoming Minister for Defence, I have been absolutely clear on the need for urgent transformation of the culture in the Defence Forces. My Department has and continues to work tirelessly with Defence Forces’ colleagues to take the steps required to bring about the culture change that is so urgently required. This 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.

A key driver of the transformation programme is 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 following publication 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.

In relation to recent events and their connection to the culture within the Defence Forces, 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. As such, 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.