I extend a warm welcome to our guests in the Gallery who are retired members of the Defence Forces and members of Women of Honour: Captain Kieron Rice, Captain Diane Byrne, Captain Amelia McKeown and Roslyn O'Callaghan. They are very welcome. I am sure they look forward to hearing what everybody has to say in today's debate.
Defence Forces Tribunal of Inquiry: Motion
I move:
That Seanad Éireann:
bearing in mind the serious allegations of discrimination, bullying, harassment, sexual harassment and sexual misconduct in the Defence Forces;
noting the decision of Government, in January 2022, to establish an Independent Review Group (IRG) to examine such issues and provide recommendations and guidance to the Minister for Defence on measures and strategies required to underpin a workplace based on dignity, equality, mutual respect, and duty of care for every member of the Defence Forces;
noting that, having completed the IRG review, it is the opinion of the Group, that the establishment of a statutory fact-finding process to identify systemic failures, if any, in the complaints processes in the Defence Forces, represents the only comprehensive method of inquiry to resolve outstanding issues of fundamental public importance;
mindful that the Minister for Defence has consulted with the Attorney General and the observations and comments from key stakeholders have been considered in the development of the terms of reference and the type of inquiry;
noting that:
- ‘Abuse’ means discrimination, bullying, harassment, physical torture, physical assault, psychological harm, sexual harassment and any form of sexual misconduct (including sexual assault, aggravated sexual assault and rape);
- ‘Complaints of Abuse’ means complaints made by:
- serving or former members of the Defence Forces to the Defence Forces/Minister for Defence;
- current or former civilian employees to the Defence Forces/Minister for Defence; and
- current or former Civil Servants to the Defence Forces/Minister for Defence,
in respect of Abuse suffered by the complainant in the course of his or her training, work and/or career with the Defence Forces, or in the case of Civil Servants and civilian employees, in respect of their interactions with the Defence Forces;
- ‘Complaints of Hazardous Chemicals’ means complaints made by:
- serving or former members of the Defence Forces to the Defence Forces/Minister for Defence;
- current or former civilian employees to the Defence Forces/Minister for Defence; and
- current or former Civil Servants to the Defence Forces/Minister for Defence,
in respect of the use of hazardous chemicals within Air Corps’ headquarters at Casement Aerodrome, Baldonnel; and
- ‘Complaints Processes’ includes, but is not limited to, processes covered by:
A. the Defence Forces Administrative Instruction A7 Chapter 1;
B. section 114 of the Defence Act 1954 (Redress of Wrongs procedure);
C. section 169 of the Defence Act 1954 (civil offences punishable by military law);
D. the Ombudsman (Defence Forces) Act 2004;
E. the Protected Disclosures Act 2014;
F. where applicable, the Protected Disclosures (Amendment) Act 2022; and
G. in so far as (vii) below is concerned, the Safety, Health and Welfare at Work Act 2005 (as amended) or where applicable, the Safety, Health and Welfare At Work Act 1989;
resolves that it is expedient a tribunal be established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, to be chaired by Ms. Justice Ann Power, to inquire into the following definite matters of urgent public importance to:
(i) establish whether the Complaints Processes in the Defence Forces in relation to Complaints of Abuse were appropriate and fit for purpose;
(ii) establish whether the Complaints Processes in the Defence Forces in relation to Complaints of Abuse were followed;
(iii) consider and report on the response and outcome of Complaints of Abuse, and to identify any systemic failures in the Complaints Processes in the Defence Forces;
(iv) investigate whether Complaints of Abuse were actively deterred or whether there was a culture that discouraged the making of the Complaints of Abuse;
(v) investigate whether there were:
(a) retaliation or reprisals against those who made a Complaint of Abuse;
(b) intimidation consequent on the making of a Complaint of Abuse; or
(c) the imposition of any penalty or burden upon a person who made a Complaint of Abuse;
(vi) investigate the nature and performance of the statutory role of the Minister for Defence/Department of Defence in the systems and procedures for dealing with Complaints of Abuse;
(vii) investigate the response to Complaints of Hazardous Chemicals and to consider the adequacy of the Complaints Processes in light of the responses to same;
further resolves that:
(I) the Tribunal of Inquiry:
(a) is requested to report on its investigation into the matters set out in this resolution and to make any appropriate recommendations arising out of this investigation;
(b) shall consider Complaints of Abuse and Complaints of Hazardous Chemicals advanced by serving and former members of the Defence Forces, to include members of the Army Nursing Service, Chaplains to the Defence Forces, civilian employees and Civil Servants working within the Defence Forces and Civil Servants working within the Department of Defence;
(c) shall have due regard to any criminal or military prosecution or civil proceedings, currently in train or pending, that may be affected by evidence adduced at the Tribunal of Inquiry;
(d) in the context of its investigation into Terms of Reference (i) to (v), may permit evidence of Abuse and the consequences of Abuse to be led, but the Tribunal is precluded from investigating into, or making findings of fact upon any matters that would, if established in a court of law, be criminal in nature;
(e) will require appropriate assurances from the Minister for Defence and the Chief of Staff of the Defence Forces that any serving member of the Defence Forces will not be penalised by reason of their disclosure of any Complaint, Complaint of Abuse, or Complaint of Hazardous Chemicals at the Tribunal;
(f) may request, in the exercise of its jurisdiction, information pertaining to matters relating to a confidentiality agreement; and in making such request, it is a matter for the Tribunal to determine what (if any) obligations may be imposed in relation to such disclosure;
(g) shall have due regard to the independence of any statutory body and/or statutory Office Holders in the performance of their functions;
(h) may engage with the interim supports put in place to date by the Minister for Defence, including Raiseaconcern - Confidential Contact Person (CCP), INSPIRE Counselling Service and the Dublin Rape Crisis Centre, as well as the already established Defence Forces Personnel Support Services (PSS), Defence Forces’ psychologist and psychiatrist and medical supports within the Defence Forces Medical Branch;
(i) is charged with investigating the matters provided for in its Terms of Reference from 1st January, 1983 to the date of its establishment;
(j) may examine Complaints of Abuse whether made in respect of matters occurring within the jurisdiction, while serving overseas or on board a State ship or aircraft; and
(k) shall endeavour to complete its work no later than three years from the date of its establishment; and in order to achieve this objective, the Tribunal shall be entitled to exercise a discretion in relation to the extent of the evidence that it hears and will be entitled to consider that a sample of evidence on particular issues is sufficient for it to make conclusions and report upon its findings; and the Minister for Defence may at any time request the Sole Member of the Tribunal of Inquiry to provide updates on the progress of the Tribunal;
(II) the Tribunal shall report to the Taoiseach and make such findings and recommendations as it sees fit in relation to these matters as expeditiously as possible;
(III) all costs incurred by reason of the failure of individuals to co-operate fully and expeditiously with the Tribunal should, as far as it is consistent with the interests of justice, be borne by those individuals;
(IV) any records made, received or held in the course of the Tribunal of Inquiry shall be subject to the terms of the National Archives Act 1986 and Part 15 of the Civil Law (Miscellaneous Provisions) Act 2011; and
(V) the Taoiseach shall, upon receipt of any Report from the Tribunal, either apply to the High Court for directions regarding publication of the Report or arrange to have it laid before both Houses of the Oireachtas.
I welcome the Tánaiste to the House. He has ten minutes to speak.
Gabhaim buíochas leis an gCathaoirleach agus le Baill an Tí as ucht an deis seo labhairt leo faoin ábhar ríthábhachtach seo. I thank the Cathaoirleach and Members for affording me the opportunity to bring this very important matter to the House. They will recall that last April we discussed the report of the independent review group established to examine dignity and equality issues in the Defence Forces. The contents of the report were shocking and stark. The group's analysis and assessment of the current culture in the Defence Forces show deep long-standing issues around unacceptable behaviours, including sexual misconduct, sexual harassment, bullying and harassment, a complaints handling system that is not fit for purpose, and legislative frameworks, policies, systems and procedures that are out of date and out of step with modern human resource practice.
The Government agreed to progress the recommendations in the report, and this included approval in principle of the establishment of a judge-led statutory inquiry to investigate whether there have been serious systemic failures in the complaints system in the Defence Forces with regard to interpersonal issues, including but not limited to sexual misconduct. The Government has now approved a motion to establish a tribunal of inquiry. It was passed by Dáil Éireann last week. I commend the motion for resolution by Seanad Éireann.
I pay tribute to Women of Honour, members of which are in the Visitors Gallery. At a time when it was not easy to do so, they stood up. The clarity and power of their account had a catalytic effect, setting in motion a journey that has brought us to this point. The personal courage, dignity and resilience shown by those who came forward and shared their horrific personal experiences have made a deep and lasting impression on me. I also pay tribute to Men and Women of Honour, whose members likewise shared their experience with us, PDFORRA, RACO and all the other groups and individuals in the Department I interacted with as part of this process.
The production of the independent review group report was a very important and valuable undertaking. It represented an essential scoping exercise to establish the extent to which the current legislative frameworks, policies, procedures and practices, as well as the workplace culture, were not aligned with the fundamental principles of dignity, equality, duty of care, and mutual respect. Following Government approval of the report, draft terms of reference for a statutory inquiry were initially prepared last May in consultation with the Attorney General and shared with a wide variety of groups and individuals. I consulted extensively on the establishment of the inquiry and the terms of reference. Reflecting on the range of views expressed, I determined that an open, independent and transparent appraisal of the issues raised by the various groups and independent review group is the best way to examine the issues. On that basis, last July I obtained the approval of the Government to establish a judge-led tribunal of inquiry pursuant to the provisions of the Tribunals of Inquiry (Evidence) Act 1921, as amended. When I met the various groups, particularly Women of Honour, they were adamant that the inquiry should be a public, sworn inquiry like the Charleton inquiry on the grounds that prior to that, all of the experience had been behind closed doors. Others might have argued for a more in camera commission of inquiry but, on balance, given the prioritisation of transparency and openness, we opted for the tribunal-of-inquiry model as opposed to the commission-of-inquiry model. The judge will of course have the capacity to hear particular submissions or cases in camera if that is the wish of the person concerned. It is a matter for the chair to decide upon and judge each individual case.
Since that decision, I have continued to engage with the stakeholder groups and individuals. I had quite a number of meetings with the Women of Honour group, in particular, in May, June, July, September, November and December. Working closely with the Attorney General, the terms of reference were amended on a continual basis and expanded on foot of feedback received. I assure the House that we considered carefully all the views and observations received during the consultation period. I will give an illustration. Some of the decisions on the terms of reference influenced by this process and by submissions made by Women of Honour, in particular, include the following: the statutory inquiry will be by way of a tribunal of inquiry; physical torture, physical assault and psychological harm will now be included within the definition of abuse; the Protected Disclosures Acts 2014 and 2022 will be included within the definitions of complaints processes; the investigation of whether complaints were actively deterred; whether there was a culture that discouraged the making of complaints; provision of safeguards for serving members who give evidence to the tribunal; provision for the waiver of non-disclosure agreements; that the tribunal may permit evidence of abuse and the consequences of abuse to be heard; provision for the investigation of the response to complaints regarding the use of hazardous chemicals within the Air Corps headquarters in Baldonnel; and to consider the adequacy of the complaints processes in light of the responses to these.
I have also clarified - and I reiterate today for the benefit of Senators, in order to remove any doubt - that those who did not make a formal complaint while working within the Defence Forces or subsequently, or who did not come forward to engage with the IRG process but have experiences similar to those that are now the subject matter of this tribunal, will be able to come forward and be heard by the tribunal. Let Senators have no doubt about that. It is in the terms of reference.
The terms of reference now represent a thorough and fair basis for a full examination of the issues raised and the problems identified. In framing the terms of reference, I have endeavoured to properly capture the feedback I received and make a judgment on what I believe to be the best, fairest, most thorough and most effective way forward. That is what these terms of reference represent. It is important for everyone involved to now establish the tribunal and allow it to commence its work without further delay, given the gravity of the issues before it.
When the IRG report was published, I stated it was a watershed moment and had to be a catalyst for change. As Tánaiste and Minister for Defence, I have proceeded on that basis. In the time since publication I have driven forward a number of changes. At my direction, all complaints of alleged sexual offences by members of the Defence Forces are passed directly to An Garda Síochána for investigation. In July 2023, the Government agreed a Bill that will ensure 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. I established an external oversight body, which will be a critical element in driving the necessary culture change throughout the Defence Forces and in increasing transparency and accountability. We approved its terms of reference last July. I recently sought and received Government approval for the drafting of the defence (amendment) Bill 2023, which will include provisions relating to the establishment of the external oversight body on a statutory basis.
I also look forward to bringing forward legislation to establish an independent external complaints system for members of the Defence Forces. With the assistance of an external legal firm, extensive work is under way to ensure Defence Forces policies and practices are compatible with the provisions of the relevant equality legislation. An associated but very relevant and important element of this work is in the area of maternity and protected leave policies.
The IRG report also called for the establishment of a complaints process for civilian employees and civil servants, whereby they can have access to redress in respect of complaints concerning grievances or dignity at work issues where the matters concerned relate to their interactions with members of the Defence Forces. In this regard, I recently appointed Mr. Kevin Duffy as the independent chair of a new working group to develop a complaints process for civilian employees and civil servants who work with the Defence Forces. Taken together, I hope this list of areas where progress is being made will reassure Members, and, more importantly, those women and men serving the country in our Defence Forces, of how seriously the Government takes the issues identified by Women of Honour and the various groups and the conclusions of the independent review group process.
Coming back to the immediate issue at hand, namely, the establishment of this tribunal, the Government has approved the appointment of Ms Justice Ann Power to chair the tribunal, and I thank her for agreeing to do so. Ms Justice Power brings a wealth of experience to the role having served as a Judge of the Court of Appeal since November 2019. She is also a judge of the World Bank Administrative Tribunal. Funding has been provided for this year and arrangements made for its future funding. A premises in Smithfield, Dublin has been provided by the Office of Public Works for the purposes of the tribunal.
The Defence Forces are a source of great pride throughout our country and represent one of the key institutions of our nation. The IRG report set out the path to their modernisation and was clear on what needed to be done to ensure a positive transformation into an organisation fully reflective of contemporary Irish society and fully respectful of all those who serve. This tribunal will play a critical role in this transformation and it is now time to press ahead. My hope is that it is timely, efficient and effective in the greatly important work it will do. We wish Ms Justice Power and her team the very best in getting under way as early as possible this year. I commend the motion to the House.
I welcome the Tánaiste to the House. The ladies and gentlemen in the Gallery, former members of the Defence Forces, are also very welcome.
I very much welcome the establishment of a tribunal of inquiry. The Government decision to establish it is the result of the tireless and courageous campaign mounted by the Women of Honour group.
Along with many others, such as the Defence Forces Justice Alliance and the Air Corps Chemical Abuse Survivors, the Women of Honour are to be congratulated for their determination and perseverance. "Perseverance" is the right word. This decision has been a long time coming. While it is known to some people here, I should declare that a member of my family is a member of the Defence Forces. I want to put that on record.
It has been almost two and a half years since Katie Hannon's October 2021 RTÉ radio documentary brought the harrowing stories of the Women of Honour to wider public attention. People were outraged by the tales of misogyny and sexual assault and allegations of rape in the Irish Defence Forces, our Óglaigh na hÉireann. As the Women of Honour later put it, that documentary opened the sluice gates of this crisis. In the weeks, months and, sadly, years following Katie Hannon's documentary, many other victims of abuse, both male and female, found the courage and resolve to come forward and tell their stories.
From the outset, back in early 2022, the Women of Honour and others have repeatedly stated that only a full statutory tribunal that can compel people and the production of records could begin the process of fully addressing these claims and allowing our Defence Forces to move forward. Responding to the public outcry following the documentary, the Government decided in January 2022 to establish an independent review group, IRG, "to examine behaviours in the Defence Forces and to make recommendations on the measures required to underpin a workplace based on dignity and respect." One of its terms of reference was "To advise whether further work is required to examine issues of an historical nature and to make any recommendations regarding how this might best be pursued."
The findings of that IRG report in March 2023, almost a year ago, were as shocking as they were stark. The IRG severely criticised the Defence Forces as "resistant to change", having out-of-date HR policies and procedures and being simply not fit for purpose in tackling unacceptable behaviour, bullying, discrimination, harassment and sexual harassment. The IRG recommended as a priority the establishment of a statutory inquiry to investigate whether there had been serious systemic failures in dealing with individual complaints, including complaints of sexual misconduct. In March 2023, 18 months after the radio documentary was first broadcast, the IRG fully agreed that establishing the statutory inquiry the Women of Honour had been requesting from the outset was the right thing to do. Many will blame our adversarial system of justice for these delays but I truly feel we need to seriously question any system that can expend so much time and resources in taking more than two years from the emergence of serious allegations to agreeing a process for their investigation.
It is worth reminding ourselves that, in passing this motion, we are only commencing the process of fact-finding. As my colleague, Deputy Jim O'Callaghan, highlighted in Dáil Éireann last week, the tribunal will investigate what happened and produce a report setting out the facts. The tribunal will not, in itself, deliver justice. No one will be held to account as a result of the tribunal. Its purpose is to establish the facts. I very much welcome that. This requires us to strike a balance in drawing up the terms of reference to ensure the maximum investigation within a reasonable timeframe. In arriving at the terms of reference before us, the Government has risked disappointing some groups and individuals. While there is not unanimity on the terms set out in this motion, I am reassured that they are sufficiently wide-ranging and robust to enable the tribunal to do its work within a reasonable timeframe.
If I seem obsessed with timelines and timeframes, it is because they are crucial. The Defence Forces are facing a grave and sustained crisis in recruitment and retention. We have known about this crisis for years, but, unfortunately, the numbers are still falling. When I entered this House in 2002, there were 10,500 men and women in our Defence Forces. We have seen that number plummet over the past ten years. The 2015 White Paper on Defence - unwisely in my opinion - reduced the establishment strength to 9,500, but we know that it has never reached this number in the intervening years. Accordingly, I would like to bring to the attention of the Minister the fact that the figures, which were published on 31 December 2023, stood at 7,550. Some 750 personnel were discharged in 2023 and 415 personnel were inducted. Those are the facts.
Two years after the Commission on the Defence Forces produced its highly detailed analysis and recommendations in February 2022, we are still losing more people than we are taking in. The commission gave the Government three level of ambition, LOA, options. The Government agreed to adopt the LOA 2 option of enhanced capacity, which meant a Defence Forces strength of 11,500 by the end of 2028. To reach that number, we will require an ambitious recruitment and training timetable. I accept that work in this regard is ongoing and that there are difficulties involved.
We need to show that a career in the Defence Forces is not just fulfilling, it is one that is built on a culture that is supportive and respectful. We know that the vast majority of those who join the Defence Forces have a positive experience. They see and experience the very best of our Defence Forces culture. They gain leadership skills and expert training, not to mention challenging overseas service that equips them well for rewarding careers in the outside world.
It is astonishing that anyone in the Defence Forces establishment, be it civil or military, might imagine that kicking the can of addressing dignity and respect issues further down the road could do anything other than discourage recruitment. We all have a vested interest in seeing this tribunal getting to work and allowing our Defence Forces to move forward.
I thank the Tánaiste for coming before the House today and making a comprehensive contribution. I wish the judge well in her endeavours with the tribunal.
I remind Members that there is a long list of speakers, which shows the importance of the issue. If Members want to share their time they may feel free to do so. This will allow us to ensure that we get everybody in. The debate has to conclude at 4.45 p.m. Our next speaker, on behalf the Independent Group, is Senator Craughwell.
With respect to time, my colleague, Senator Clonan, wants to speak. Must I share time with him or will the Acting Chairperson allocate time to him?
You do not have to share time. What I am saying is that for everybody who has indicated they want to speak to be able to speak, we will have to do so. We cannot guarantee that they will have time to speak.
Can I propose that we divide time? There is no guarantee that I will get to speak.
That is fair enough. I will share time with Senator Clonan.
I welcome the Tánaiste to the House for this important debate. I also welcome the veterans who are here. They clearly had to go through quite a lot of personal strife to get us to where we are today.
I welcome the appointment of Ms Justice Ann Power, who is a judge of international standing. I wish her well in the work she is about to undertake. I congratulate the Tánaiste on picking somebody of such standing to chair the tribunal.
I was going to ask the Tánaiste for a location for the tribunal, but he has jumped ahead of me on that. When will we see a website? When will email addresses be provided to allow witnesses to submit information?
In welcoming the debate today, I have to say I was deeply disappointed that the report carried out by the IRG and its untested evidence were published in the way they were. In effect, they branded the Defence Forces as a group of misogynistic rapists, sexual predators and bullies whereas, in truth, it is a minority of those who served who carried out that sort of thing. No one will disagree that there were, and perhaps still are, bad and disgusting people who perpetrate these crimes, and they need to be rooted out and brought to justice. With that in mind, I am happy to see that the Tánaiste has instructed that the Garda be informed of any misconduct.
The IRG was set up to scope the issues within the Defence Forces, not to become judge and jury. The report, in the way it was published, provided a platform for those seeking headlines, many of them in this House, to jump on the bandwagon and join the lynch mob. I believe we still have a democracy, and untested evidence should never be given the prominence the IRG report was given.
We have here today veterans who suffered at the hands of these thugs - for thugs is what they were. They discredited the uniform they wore, the units they belonged to, their colleagues and their country. They hid behind their rank in some cases and in other cases found locations where there were no seeing eyes to carry out the actions they carried out. Bullying and harassment usually takes place out of sight. The classic bully is the one who does it in his or her office and is loved by everybody outside the office. The women who are here today and their colleagues are entitled to their day of justice.
The tribunal must establish indisputable facts, name the guilty and bring them before justice. In saying that, I always believe that natural justice must be at the forefront of anything we do. Therefore, I ask the Tánaiste today to ensure that no commissioned officer, non-commissioned officer or enlisted person should have to appear before the tribunal without full access to legal representation, up to and including senior counsel level. There are suggestions that many suffering bullying or aggravated sexual harassment, up to and including rape, did not report those incidents because of fear of long-term impact on their careers. I spent 25 years of my life representing employees as a trade union representative right up to the level of president of the Teachers Union of Ireland. In my time I came across many workers who claimed they were afraid to make reports for fear of impact on their career. That is something we as a community and a society have to stamp out. I hope that, as the Defence Forces go through their paces, that is one of the things we will provide - a friendly, open, transparent atmosphere for those who have complaints.
I now turn to the State's most loyal servants. I am talking about our Defence Forces, who are the first to be called into action during any national crisis. Will the Tánaiste order a survey to establish why those with grievances who were satisfied at the end are not being enumerated? Many soldiers had grievances, went through the complaints process, came out the other side and went on to have fruitful and significant careers. I was at the retirement of a sergeant major and he advised all present that on a Wednesday he had been charged with an offence and on the Friday he was promoted. Some people can come through the system and do well.
Many thousand members of the Defence Forces have served with pride. I was one myself. I felt valued and so did many of my colleagues. There is a problem insofar as the IRG report has damaged the reputation of people who were honest, decent, hard-working serving soldiers at all ranks. We need to do something to give them back the pride to which they are entitled and with which they served. The Defence Forces, like any organisation, has its problems, but it would be wrong to characterise the entire organisation as dysfunctional or misogynistic. An unsafe place to work in? Not really. My experience is that it was not an unsafe place to work in. I hope the guilty can be found and I believe that the numbers will not be as large as some in this House suggested when the IRG report came out. I want to know that those who have been found by the tribunal as having a case to answer are immediately brought to justice and that the people sitting here in the Gallery who have carried the pain of the abuse they suffered get their day in court and get justice.
I will support the tribunal because it is about time that we got this out of the way. I pray, as a former member of the Defence Forces, that a blight is not brought on the entire organisation but that the thugs are identified and brought to heel.
I thank the Tánaiste for coming in to make his presentation and I thank Senator Craughwell for sharing his time with me.
I really welcome the establishment of this tribunal. As we heard in the debate in the Dáil last week, particularly in the contribution of Deputy Jim O'Callaghan, it is an extraordinary achievement to get a fully sworn public tribunal and that is the achievement of the Women of Honour and the members of the Defence Forces Justice Alliance who are here today. They came out in September 2021 and identified themselves. They and their families and everybody associated with them had to go through all of the trauma again and to be identified in such a public way. I also want to thank the Tánaiste for his commitment to this and for getting it over the line. In relation to the work I did 25 years ago, a former Fianna Fáil Minister for Defence, Michael Smith, one of the Tánaiste's predecessors, also showed that commitment to transparency by agreeing to my request back then for an independent Government inquiry into my research which was challenged by the military authorities at that time. It is all part of this journey.
The tribunal will really focus and hone in on the complaints procedures and whether people's complaints were properly investigated and dealt with. To that end, I want to give the House a couple of
quotations from serving officers in the Defence Forces.
When we complained we were punished. The company commander said that it reflected poorly on us as potential officers but we did it out of desperation. They had no respect for us. The guys in our class, they had no respect for us, but especially the officers. We looked up to them but as it turned out, they had no respect for us either.
That was from a group of young women who were sexually harassed in the workplace, as was the following: "...any complaints about sexual harassment, the Army tends to do damage limitation and to try and minimise the effect. Certainly, our complaints are not properly dealt with."
These are direct quotations from serving officers of the Defence Forces. Finally:
I was assaulted. I complained. I did not get equitable treatment. Women in the Defence Forces are not encouraged to complain about these issues. They are not encouraged to report on them. The Army is more concerned about how it looks than if a woman gets raped and if you do [complain] the court sits in hell and Satan is the judge. I would categorically state that if any woman in the Army is harassed, assaulted or raped, inform An Garda Síochána, not the military police. Otherwise you will not get justice.
Those interviews are from August, 1999, 25 years ago. Those interviews are on the public record for 25 years. Of the 60 women I interviewed, 58 expressed no confidence whatsoever in the reporting and complaints procedures and I am sure that the judicial inquiry will interrogate that very closely. In the context of that last quote, I want to thank the Tánaiste and the Government for changing the rules this year. Their reaction to the IRG report was swift in that any complaint of a sexual assault will be investigated by An Garda Síochána and not by the military authorities.
The Representative Association of Commissioned Officers, RACO, did a very interesting engagement survey last year which was published in the latest edition of its magazine Signal. One of the questions asked of respondents was: "Do you feel that the IRG report on March 23rd was a fair reflection of the conduct of commissioned officers?" A total 644 officers participated in the survey and 58% of them agreed that the IRG's comments do reflect the behaviour of some officers, while 3.6% said an outright "Yes". A total of 54.4% of serving officers agreed that the IRG's observations about the misogynistic and violent culture of the Defence Forces was a legitimate concern. Respondents were asked if they believe there is a culture of reprisal in the Defence Forces and 37% of officers, or 238, said "Yes". On the question of whether it is safe to speak up at town hall meetings, 50% of officers said that it was unsafe and 20% said they would be unsure about speaking out about wrongdoing.
That is a total of 464 serving officers in our Defence Forces. To anybody in this House or in the other House of the Oireachtas who says, "Well I didn't experience it and, therefore, it doesn't exist", that is gaslighting and you do a disservice to the service of our veterans and you do a disservice to those survivors of that abuse, because this is not about a few rotten apples. This is about a system that is rotten to the core and I hope the judge-led tribunal will not only deal with the symptom of it, which is the way in which complaints are handled, but will actually get to the core dynamic, which is abuse of power.
I commend the Tánaiste on setting up this tribunal. I particularly welcome his commitment to allow those who did not use the complaints process, because, as I said, many of them had no faith in it, to come forward. I hope, for all of the wonderful people who serve, that the judge can really get to the heart of this because we need Óglaigh na hÉireann. We need our Defence Forces and the State needs them.
A total of 83.3% of those officers surveyed in the RACO survey last year said that they did connect with the Defence Forces' values of respect, loyalty, selflessness, physical courage and moral courage. Therefore, I have faith in our wonderful sailors, soldiers and air crew to get through this and out the other side to have a better Defence Forces that is fit for the 21st century.
Thank you, Senator. I again ask people to stick to their time to allow everybody a chance to speak. The next person is Senator Joe O'Reilly. I welcome the Minister of State, Deputy Burke, to the House.
I acknowledge the Tánaiste's proactive response to the Women of Honour. Indeed, as we welcomed An Tánaiste earlier, I welcome my colleague and Minister of State, Deputy Burke, to the House.
It is important to state at the outset for context that the Defence Forces are of the highest calibre, they bring honour to our country and they provide an exceptional service to our country. Currently, members of our Defence Forces serve in Lebanon in very difficult conditions. Among them is the son of Senator Wilson, and I am sure his dad is very proud of him, and a number of others from my county whom I know and I know their families. We can be very proud of these people. It is because our Defence Forces are of such calibre, add lustre to our State and bring honour to themselves and our State that the minority, and I stress the word "minority", who sullied their name must be outed in every sense of the word.
I acknowledge the appointment of Ms Justice Ann Power to do this work. As was said earlier, she is a person of great eminence.
Before I go into more of the detail, as I saluted our Defence Forces in general and their personnel, I also salute the Women of Honour who, I gather, are among us today. They have shown great courage, persistence and resilience. They deserve great credit. It is very difficult to do what they did. It takes great strength to do what they did and they persisted with it, so I salute that. They do the Defence Forces, themselves, their families and the country a great service in that regard.
To go briefly through some the background, in January 2022, the Government approved the appointment of a judge-led independent review to examine dignity and equality issues in the Defence Forces. Although not a fact-finding issue, the report revealed a pattern of unacceptable behaviour, misogyny, discrimination, harassment and sexual misconduct within the Defence Forces, and that is a litany that should not be there.
The report of the independent review group, IRG, was published, following Government approval, in March 2023.
The Government then accepted the recommendation to establish a statutory inquiry and a tribunal. The draft terms of reference were prepared in consultation with the Attorney General and shared with a variety of interests in 2023. I am very happy that, in preparing for this tribunal, the Tánaiste held meetings with the stakeholders, including: the key group, namely, the Women of Honour; the Men and Women of Honour group; the Secretary General of the Department of Defence; and civil and civilian employee trade unions – the various representative bodies. That was important by way of setting the terms of reference. All groups and individuals who contacted the Tánaiste’s office were consulted and these views were considered.
In July 2023, the Government approved the establishment of a tribunal of inquiry pursuant to the provisions of the Tribunals of Inquiry (Evidence) Act 1921. On Tuesday, 16 January 2024, the Government approved the terms of reference for the tribunal being established to examine the effectiveness of the complaints processes in the Defence Forces concerning workplace issues relating to discrimination, bullying, harassment, sexual harassment, sexual misconduct and the use of hazardous chemicals. That is wide, and should be. It is important – this was referenced earlier - that new allegations, complaints and statements of evidence can come forward during the lifetime of the tribunal. It is also important that the Garda has and will be following up specific allegations. It is vital that no member of the Defence Forces should be exempt from the common law of the country. Nobody is suggesting the contrary and it is important that it should not be the case.
The Women of Honour who are represented here – we are delighted to see that – suggested the addition of physical torture, physical assault and psychological harm as a definition of abuse, the inclusion of the Protected Disclosures Act and the investigation of whether complaints were actually deterred. It is of crucial importance that when we arrive at the end of this, not only must we get justice for the individual women and not only must the perpetrators go through the rigours of our law and the necessary sentences thereafter but that we have systems in place within the Defence Forces that will respond immediately to any such allegations and that the very existence of such a system, such methodologies and such transparency in themselves will be a deterrent. In fact, if sufficient systems of inquiry, sufficient responses, a sufficient complaints procedure and proper protocols exist, that in itself will deter wrongdoing. However, of course, it will not completely remove wrongdoing and it is for that reason that it must exist. That must be an outcome from this.
I return, in that respect, to my fundamental, initial point that our Defence Forces are of such importance to us all, such a part of a national apparatus and we are so proud of them that there cannot be a system in place that will allow anyone to sully that. Those who have damaged that and brought dishonour to the Defence Forces should be outed in every sense of the word and become the subject of proper criminal investigation.
Thankfully, we have arrived and our society constantly evolves. Our State matures, our society evolves and new values appear.
Among the vast majority of people, there is a recognition that the treatment of women who were in non-traditional roles and what were not the stereotypical roles for them historically and the treatment of women in new roles to which they are perfectly suitable and properly entitled to hold left a lot to be desired in some instances. The women who came into the Defence Forces were pioneering, as were those who came into a lot of new bodies and new areas of work. They were trendsetters and adventurers because they were going into what were not traditionally or necessarily understood by the culture of the time to be female roles. These women took the lead and established a new situation. Because of their courage and the pioneering nature of what they did, there was naturally a reaction. Misogyny was a natural and unfortunate reaction in a small minority of people. That misogyny manifested itself in some ghastly ways. It needs to be stamped out. We have arrived at a situation in our country whereby there is no longer a tolerance for this type of behaviour. People no longer accept that this kind of thing can or should exist.
This is a good day's work. I welcome the tribunal. I hope it is speedy and efficient in doing its work, that it recommends new structures, systems and protocols for dealing with complaints and that there will be action and, subsequently, the necessary criminal proceedings against wrongdoers. I will leave it at that.
I welcome the Minister of State. On behalf of the Labour Party, I welcome the establishment of the tribunal of inquiry. There can be no doubt, as previous speakers indicated, that its establishment has taken a long time. It is important to acknowledge what we have before us. As Members have done in this House and in the Dáil previously, we pay tribute to the Women of Honour. I welcome them into our Visitors' Gallery. There can be no doubt that it were it not for the tireless work of this group we would not be discussing this motion.
Like so many others, I, too, was horrified on that Saturday in October 2021 when the documentary on the totally and utterly unacceptable experiences of the Women of Honour was aired by Katie Hannon on RTÉ. I will always remember where I was at that moment. I was driving in a Labour Party meeting in Dublin. What I heard coming across the airwaves on that Saturday in October 2021 was absolutely unbelievable. Since then, the group has campaigned tirelessly to have the statutory inquiry put in place. I acknowledge the Defence Forces justice alliance and all the other groups involved. I also acknowledge Senator Tom Clonan. When we debated the independent review group, Senator Clonan had already done some considerable work on these issues. As he said, most of that work has been in the public domain for 25 years in the public domain. We are only seemingly acting on it now.
With regard to the inquiry, in the debate in the Dáil, Deputy Howlin raised the issue of costs. He sought a commitment that the Women of Honour group and others who have legitimately presented their cases over the years be officially represented legally at the tribunal. It is important that they be formally represented by counsel from the beginning without fear of residual legal costs. The Tánaiste has indicated that the judge will deal with this matter through the inquiry. The Tánaiste had indicated this to such groups. It is important that the commitment given be restated in this House, particularly in view of the need to ensure that we hear the testimony of all those women without fear of any residual legal costs.
There has been much commentary and concern in this House, previously and again today, about those who may wish to come forward to highlight their experiences but who are concerned that they may be barred from doing so by the terms of reference that have been set out. We are discussing that matter now and it was also discussed in the Dáil. It is a concern that many of us have shared in recent weeks and months. From talking with many who served, we are aware that there are more cases we have not already heard about and that those involved are willing to come forward.
The Tánaiste put on the record in the Dáil and again in the Seanad today that those who did not make a formal complaint that any stage in their careers while working within the Defence Forces or subsequently, or who did not come forward to engage with the independent review group process, but have experiences similar to those that are now the subject matter of this tribunal, will be able to come forward and be heard by the tribunal. That is important to state once again. We all support that.
This tribunal is an opportunity to deal with the historic abuse in our Defence Forces. Nobody who has experiences similar to the many horrific experiences already discussed should be debarred from coming forward. Indeed it should be hoped that those who may not have come forward previously will now do so, secure in the knowledge that there will be a tribunal and secure in the knowledge of the bravery and courage of all those who have already made statements.
It is also important that the Minister and the Department continue to reach out, as the Tánaiste said before he left us today, with representative bodies such as PDFORRA, RACO and indeed ONE as we go towards the forthcoming inquiry. I know, from linking with them, that they have fielded a large number of inquiries in regard to the make up and terms of reference. Many will continue to seek updates from these representative bodies. It is a very important channel that is kept open. It is also important that we acknowledge the pride, as all Members who stood up here today have done, that we all have in our Defence Forces. The pride we all feel from the actions and representations of our Defence Forces both at home and abroad is unique and must at all times be protected. We are all aware of the challenges around recruitment and retention and the challenge those issues are causing to the numbers in our Defence Forces at this time. The challenge that faces the Defence Forces has been articulated by colleagues here. Indeed, the reports of the Commission on the Defence Forces outline figures that have to be achieved for the future of our Defence Forces. There is no doubt about that.
However, that is also why this inquiry is so important. It is a chance to highlight and change the culture that the Women of Honour and all other groups have so bravely highlighted; a chance for us to secure the future of our Defence Forces, free from those gross and utterly unacceptable practices of the past; a chance to ensure that the Defence Forces are a model workplace where the sorts of abuse and damage to people we have heard of never occur again. In saying that, it is also important that the Minister gives consideration to an interim report from the tribunal. This is something I would like the Tánaiste and Minister for Defence to consider. This is essential to ensure that all parties are informed of progress and timeframes as the inquiry progresses. It is also important that the Minister of State, Deputy Burke, brings this back to the Tánaiste and Minister for Defence, so that this, and such a report, and indeed updates, are discussed in both Houses. I look forward to the commencement of this inquiry and wish Justice Ann Power well in her role, in the hope of a full and transparent tribunal.
Once again I thank the Women of Honour group for its role in what we see before us today. To end, I will quote Captain Diane Byrne, who is with us in the Public Gallery. Captain Byrne, in a recent op-ed, stated that the Women of Honour believe that the tribunal, "even given its obvious flaws, is a momentous step forward" in their quest for truth, accountability and substantive change. However, they "still have a way to go" and state they "are most grateful for continued support, patience and understanding". On behalf of the Labour Party, and no doubt every Member of this House, I want to assure the Women of Honour of that in every way. We look forward to this inquiry and to co-operating with the Women of Honour and all those groups as the inquiry progresses.
I welcome the Minister of State to the House today. I acknowledge the courage, dignity and resolve of the campaigners and whistleblowers who brought this issue to light, the Women of Honour who are here today, the Defence Forces Justice Alliance and the Canary Movement. I am glad that Senator Clonan is in the Chamber to speak about this proposal. It is powerful to have someone who has shone a spotlight on this issue for so many years, at great personal cost, to be able to give his view as a parliamentarian. It is important to say that.
The Irish people owe much to these men and women for refusing to be cowed by a hostile, reactionary and abusive system. Many of them faced retaliation for speaking out, but they knew that the truth mattered and they refused to be silent. Their bravery and honesty should be the catalyst for a root-and-branch reform to ensure that the kind of abuse that marred their lives and careers is never experienced by any of the brave and committed people who seek to serve their country and communities by joining the Defence Forces in future. I am glad that a tribunal of inquiry is going to take place, even though I share the frustration of many of the survivors of the abuse that this step was not taken sooner.
Reading the report from the independent review group on the dignity and respect issues in the Defence Forces was one of the most harrowing and dispiriting things I have had to do in my time in the House. The stories of abuse and harassment were egregious. Rapes and sexual assaults were committed in Defence Forces facilities. Women soldiers serving abroad were told that they needed to put two locked doors in between their sleeping quarters and their supposed comrades to avoid being raped. Women had to physically barricade themselves inside their quarters to protect themselves against attack. All of it is shocking. People were submerged in vats of potentially toxic chemicals and decaying animal carcases in sadistic hazing rituals. I do not detail these events for cheap shock value. It is important that we not allow the legal and bureaucratic language associated with reports, investigations and parliamentary procedure to obscure the barbarism of what occurred. Some people entrusted with the job of defending our country saw the abuse of their colleagues as a form of sick entertainment. People were bullied, criminally assaulted and tortured by their work colleagues. Most of these people never received justice. Soldiers who participated in these acts of violence and degradation were protected, promoted and given positions of authority. That is horrifying, but we need to reckon with the extent of the dysfunction inside the Defence Forces. Major cultural reform is needed to restore public confidence and address the recruitment and retention crisis that the Defence Forces are experiencing.
I outline this horrible material to illustrate that my main problem with this tribunal of inquiry’s terms of reference is that they are focused on the function, or lack of function, of the complaints process in respect of the abuse. This is an important component of getting to the truth of what happened, but it is only part of the story. Insufficient emphasis is given to the abusive and criminal behaviour that is the root of all of this. I have no doubt that Ms Justice Ann Power is a capable and dedicated choice to lead the tribunal, but she can only work within the confines of the terms of reference. There is some scope for interpretive manoeuvring, but this definition seems excessive, narrow and focused on issues of process rather than substance. It is not a surprise that many campaigners are not happy with the terms of reference. They seem to have been drafted to limit the tribunal’s ability to explore the extent of the abuse and designed to contain a crisis rather than fully address the structural issues at play so that real transformative change can be made. Sunlight is the best disinfectant. The best way to make change in a dysfunctional organisation is to introduce truth, transparency and accountability without fear or favour. It saddens me that people who have already endured so much and have had to fight to get a tribunal of inquiry are now left unsatisfied by its terms of reference. That is devastating.
There is an unfortunate pattern in this country of Government negligence and sometimes complicity allowing systems of abuse and exploitation to operate in various institutions. When people victimised by these systems come forward, they are smeared, retaliated against and belittled. When the media gets involved and the political class can no longer avoid it, progress is made, but survivors are fought every step of the way by a State that seems more interested in keeping a lid on the situation and limiting its liability than on exposing the truth and achieving a just and fair outcome.
The processes that dealt with clerical sex abuse, mother and baby homes and other issues were so deeply flawed and it seems like successive Governments are not learning how to design processes that are victim-centred and fit for purpose.
In our submission to the consultative forum last summer, the Civil Engagement Group raised dignity and respect issues in the Defence Forces. In a political context where the Government is talking about massive capital expenditure on military hardware and an expanded role for Irish soldiers in global conflicts, the unresolved issues with the Defence Forces appear even more glaring. Unfortunately, I think this issue received little to no attention in the forum session and the resulting report. The hierarchy of the Defence Forces needs to get its own house in order instead of contemplating buying fighter jets or warships. The priority should be reforming the Defence Forces and ensuring the members, and this is really important, are paid a decent wage and are treated with the dignity and respect they deserve.
I call Senator Boylan.
Fáiltím roimh an Aire Stáit. I thank Senator Kyne for taking over the Chair to allow me the opportunity to contribute to this debate. It is welcome that we have established a tribunal of inquiry to investigate abuse in the Defence Forces, including exposure to hazardous chemicals, because this is long-awaited and overdue. I welcome our guests to the Chamber. It is regrettable, however, that it has taken so long for us to get to this point. We are a couple of years down the line now, but it is welcome that the Government is finally moving forward with the establishment of the tribunal, even though survivors view the proposed terms of reference, as others have said, as inadequate and potentially exclusionary.
There has been perceived poor communication and a perceived reluctance to address survivors' concerns in the process undertaken to get us to this point. This distrust has been exacerbated by the presentation of terms of reference to the Cabinet when negotiations were understood by the survivors to be still ongoing. Survivors' groups, such as the Women of Honour and the Defence Forces Justice Alliance, have played a crucial role in bringing these allegations to light. As others have said, they are to be commended on their bravery in putting themselves, and their families and friends, out into the public domain. That is no small task. It is unfortunate sometimes that people in this State must go public to get justice and to get the attention they deserve, such as in exposing the abuse suffered in our Defence Forces. Others have outlined that horrific abuse. It is a stain on our society that this was going on in our Defence Forces, and, as Senator Clonan said, has been going on for so long and with the knowledge existing that it has been going on. I also commend Katie Hannon on her very professional and sensitive reporting of this issue. All of us who listened to that RTÉ show were stopped in our tracks. She is to be commended as well on how she handled that report.
Sinn Féin tried to amend the terms of reference in the Dáil to better reflect survivors' concerns. Those amendments were rejected, which is again regrettable. Issues arise sometimes that are above politics, when the Opposition tries to work constructively with the Government to reflect on and ensure the process is victim-centred. We did that in good faith, and it is regrettable, therefore, that those amendments were not accepted. As I said, however, it is welcome that we are going to have this tribunal of inquiry. I ask the Minister of State that specific attention be paid as well to the Air Corps members who were exposed to hazardous chemicals, many of whom were children at the time. Their parents entrusted their care to the State and it failed them in that duty. The tribunal must thoroughly investigate the health impacts experienced by these survivors and their families. It must move beyond merely evaluating the adequacy of the complaints process. We need a statutory inquiry to examine the health impacts endured by these survivors and their families.
I will keep my comments brief because I am conscious other people wish to contribute to this debate and it is important that people have their say. I conclude by saying that addressing these issues is crucial for fostering a positive experience for the members of the Defence Forces.
It goes to the heart of the organisation's success. The tribunal, if it is conducted properly, can serve as a catalyst for the change we very much need in the institution. It is essential to listen to the concerns of survivors and ensure their meaningful participation in the inquiry process to achieve justice and accountability. It is not only in the interests of the people who have come forward so bravely but also in the public interest that we have full participation in the inquiry process and full investigation of everything that went on.
Listening to the debate today has brought me back to that Saturday when I was in my kitchen in Newbridge, County Kildare listening to Katie Hannon's documentary. I heard the revelations with shock and horror. I listened to the testimonials of the women involved, the Women of Honour, speaking about the sexual assaults, discrimination and many other injustices they suffered. Equally as harrowing as the outlining of the injustices the women suffered is the way they were treated when they went to raise these issues. It sent shockwaves throughout the military and defence community throughout the country, particularly in County Kildare where so many of the defence community resides. Not long after this I listened to Dr. Tom Clonan, now our colleague in the Seanad, speaking on Kfm about his research and the way he was treated when he became a whistleblower with regard to the horrific cultural practices of the time. I commend Senator Clonan on his work on this.
I particularly commend the Women of Honour on their tenacity, courage and bravery and on the honour they have shown. A career in the Defence Forces should be a very noble one. It is an important one and it should be a very worthy one. By virtue of what the Women of Honour are doing, they are trying to restore this worthiness and honour.
One of the most concerning aspects in my view is the alleged attempt by senior personnel to quash allegations of misconduct. It was clear then and it is clear now that the culture in the Defence Forces needs to be reformed. I thank the Minister of State for being here and I thank the Tánaiste for the work he has done and the changes he has implemented. I thank him for changing the terms of references to reflect what the Women of Honour in particular wanted to have. I also thank him for his many meetings with various stakeholders.
Our duty today is to welcome and support the motion on the terms of reference for the judge-led tribunal of inquiry. As we know, it was recommended by the independent review group on dignity and equality issues in the Defence Forces. This is another milestone on the journey we have taken. It is important that the tribunal will 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 should also have the power to investigate the response to complaints made regarding the use of hazardous chemicals at the Air Corps headquarters at Casement Aerodrome in Baldonnel. I met this group of people on two occasions.
It is important to stress that the terms of reference are very comprehensive and that they are being brought forward following very exhaustive consultation. The Tánaiste is absolutely committed to reforming the culture of our Defence Forces. This will be a very important public inquiry. It will be a watershed moment for the Defence Forces and a catalyst for change and transformation.
There will also be a complaints process for civilian employees and civil servants to ensure that they can access redress. That is going to be chaired by Mr. Kevin Duffy. I wish him well, as I do the chair of the tribunal, Ms Justice Power, who is a very esteemed individual and who comes to this with a lot of relevant experience. This can only be for the better. We are going to be in for tougher times when it comes to the tribunal and its findings, but that can only lead us to a better place and to better supports being put in place for the esteemed members of our Defence Forces.
I very much welcome the opportunity to speak. I also welcome the inquiry. It has been long sought after. It is a signal of hope to ensure that our armed forces are held to the highest standards of accountability, transparency and justice. We all believe that our Defence Forces represent the pinnacle of bravery, dedication and selflessness. We all look up to our soldiers and respect them. It is essential therefore that these exemplary individuals are treated with the utmost respect and integrity. It is our collective duty to ensure that any allegations of wrongdoing and misconduct are thoroughly investigated without compromise.
I thank the all of the Women of Honour and those who are here today. I cannot imagine the guts it took to come forward. I cannot imagine how it felt to have all that churning up inside and deciding that something that had to be done and to own it. They had a go because they were not heard. They had to put all their truth and their story in front of all of us on one Saturday afternoon. The nation stopped. We all heard what was said, but it was so wrong that we had to rely on broadcasters to give out and to give the Women of Honour an opportunity to be heard. It really is an indictment of our State and of how society still is.
We say we have moved on a lot. Women listening to the discussion that day and to all the discussions we have had since on how women are treated, how women in the Defence Forces were treated and the abuse that has happened in the Defence Forces were not surprised because we accept that we have all experienced some level of abuse in our lives. We all hear talk of laddish culture. We talk about the culture change we need in our society. That was amplified within our Defence Forces. It was petrifying, particularly as we hold our Defence Forces so highly and so dear.
The experiences I have heard about were absolutely horrendous. For what it is worth, I am incredibly sorry that the Women of Honour have had to do what they have done. I am sorry, first, that they had to go through those disgusting experiences and, second, that they were not listened to or believed. There was no way for them to get justice or for someone to say "Stop". As a result, the women had to hold what had happened with them. There was no place for healing or for them to take a breath and go and relieve some of the pain and torture they experienced. I hope that debates of this nature and the tribunal will bring the women to a point where there is some sort of healing.
Many Senators spoke about how time is precious. We need this time. We need the Women of Honour and the victims to be taken care of. We need the State to put an arm of support around them all. What we are doing with the inquiry and the tribunal is as much about the past as it is about our future, how we react and how we look after people in our country and within our Defence Forces.
It is about lifting our Defence Forces away from that shame we experience collectively. They wear our flag and represent us abroad and at home, and we want that respect and dignity to be brought through every rank, with people looked after. The actions of the Department of Defence in completing the recommendations of the IRG and establishing this tribunal are critical to allowing all of us to move on from this pain and torture that was committed.
I wish Ms Justice Power the very best of luck, and I wish the victims who come forward strength and courage. I want them to know they are believed and heard.
I thank all the Senators across the House for their contributions, all of which I identify with. It is important to hear everyone's views, with which I concur. I welcome the members of the brave and courageous Women of Honour to the Public Gallery and support them in what they have had to endure at a very stressful and emotional time in their lives, when the State has let them down. That is horrific to have gone through. As Senators said, we all remember where we were when we heard those contributions on Katie Hannon's excellent documentary.
The motion is clear that a tribunal should be established as expeditiously as possible. The Government is keen to establish the tribunal and allow it to commence its work without delay. The report of the independent review group was published in March of last year and the details therein were shocking and very concerning. There are many good people in the Defence Forces who serve with great honour. Unfortunately, however, there are others who have tarnished that good name. Our Defence Forces, in the overwhelming majority, comprise men and women who have taken the decision to pursue a career in the service and security of their country. They deserve a quality workplace that, at the very least, meets modern human resource standards.
The establishment of the tribunal is a further example of the Government's commitment to eradicating malpractices in the Defence Forces in respect of bullying and harassment, including serious sexual harassment. There was extensive engagement with the Attorney General on the preparation of the terms of reference for this tribunal of inquiry. We are all aware of tribunals of the past that went on for years at significant cost to the taxpayer but in the end achieved very little. It will be in nobody's interests in if we end up with a tribunal for which the terms of reference are so wide that the whole process becomes unmanageable and where, by the time it concludes, people will have forgotten why it was set up in the first instance.
It is for this reason that the terms of reference are such that the tribunal can endeavour to complete its work within the next three years. The terms of reference are clearly defined and manageable, while at the same time they afford the necessary discretion and flexibility to the chairperson. They are appropriate for the establishment of an inquiry that is capable of completing the task assigned to it in an efficient and effective manner. There was extensive engagement in the preparation of the terms of reference for the tribunal. The initial draft, circulated last May, has been amended and has expanded on the feedback received from a number of groups and individuals. I acknowledge the Attorney General and his staff for the considerable degree of advice and assistance they have provided throughout the process.
I wish the tribunal chairperson, Ms Justice Power, well in her role. She brings to it a wealth of experience and I have no doubt the tribunal will prove to be a success under her guidance and leadership. I ask the House to support the motion for the establishment of the tribunal of inquiry and for the terms of reference put before it.
Question put and agreed to.
Cuireadh an Seanad ar fionraí ar 4.35 p.m. agus cuireadh tús leis arís ar 5 p.m.
Sitting suspended at 4.35 p.m. and resumed at 5 p.m.