Dáil Éireann Debate, Thursday - 30 September 2021
250. Deputy Bernard J. Durkan asked the Minister for Defence the structures within the Defence Forces for dealing with complaints such as bullying or sexual harassment; the extent to which he is satisfied that such structures are working satisfactorily; and if he will make a statement on the matter. [47429/21]
View answerAll members of the Defence Forces, both male and female, have the right to be treated with respect, equality and dignity and to carry out their duties free from any form of sexual harassment, harassment or bullying. Unacceptable forms of behaviour are not tolerated in the Defence Forces and where there are allegations of offences having been committed, investigations will be initiated by the appropriate authorities.
The Defence Forces policies and procedures regarding interpersonal relationships and unacceptable behaviour are outlined in Defence Forces Administrative Instruction A7. Complaints of unacceptable or inappropriate behaviour are dealt with by the military chain of command either through the legal/disciplinary process or by administrative action. Administrative instruction A7, Chapter 1, 'Interpersonal Relationships in the Defence Forces" is the Defence Forces' policy document which deals with sexual harassment, harassment and bullying. I am advised by the military authorities that these complaints are dealt with at different levels, either by way of an informal approach or formal process. Specially trained Designated Contact Persons (DCPs) are available to assist complainants. The formal procedure requires that a complaint is made in writing.
Chapter 2 of Administrative Instruction A7 provides another formal mechanism for individuals, under Section 114 (1) and 114 (2) of the Defence Act, 1954, to seek redress of wrongs or to make a complaint. Complaints may be submitted orally or in writing to the complainants Commanding Officer, or in the case where they feel themselves wronged by their Commanding Officer, may complain to the Chief of Staff. Notifications are sent to my office and the office of Ombudsman for the Defence Forces formally when any Chapter 2 complaint is submitted and of its subsequent outcome.
Under this mechanism there exists further recourse for the complaint to be referred to the Ombudsman for the Defence Forces for review and recommendation if appropriate. As the Deputy will be aware, the Ombudsman is entirely independent in carrying out his functions in line with the provisions of the Ombudsman for the Defence Forces Act, 2004, and his final report, which may include a recommendation on each complaint, is submitted to me for determination.
I am further advised that in the event that a complaint of a criminal nature is reported, I understand that the standard procedure is that the matter is investigated immediately by the Military Police. Where allegations of serious criminal incidents among serving members are brought to the attention of the Military Police, they are traditionally passed to An Garda Síochána for their consideration and investigation who have the lawful authority, skills and resources to investigate such matters.
The Deputy will be aware that earlier this week I met with participants from the Women of Honour group and with a group of serving female members of the Defence Forces, where I had the opportunity to listen carefully to their experiences, in what were very informative meetings. It is clear that there are very strong views that the culture that is pervading, and the application of the current policies, systems and procedures in place for dealing with bullying, harassment, discrimination, sexual harassment and sexual assault have not, and are not, serving all Defence Forces personnel well. I have given my commitment that the serious issues they have raised, will be addressed.
You will also be aware of the actions being taken to establish an Independent Review, which will be undertaken by external, independent and unbiased experts. The Review will examine the effectiveness of current policies and procedures dealing with workplace issues, such as dignity, bullying, harassment, sexual harassment and discrimination. The terms of the Review, which are in the process of being finalised, are being reviewed in light of recent meetings with the Women of Honour group and with serving female personnel. Further engagement with the Women of Honour Group on the Terms of the Review is proposed. In addition engagement with other stakeholders, including with the Representative Associations, is also scheduled, and will additionally inform the terms.
I can assure the Deputy that I, as Minister, working closely with the Chief of Staff, and the Secretary General, am committed to providing a safe place of work for all employees in the Defence Organisation, both male and female. All individuals have a right to be treated with respect, equality and dignity in the workplace, and to carry out their duties free from any form of bullying, gender discrimination, or any form of harassment and to reach their full potential.
