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Defence Forces

Dáil Éireann Debate, Thursday - 10 March 2022

Thursday, 10 March 2022

Questions (247, 248, 249)

Bernard Durkan

Question:

247. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which the authorities have investigated allegations of sexual misconduct in the armed forces; the action taken or pending; and if he will make a statement on the matter. [13757/22]

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Bernard Durkan

Question:

248. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which misconduct of a physical or sexual nature in the armed forces is being investigated to date; the action taken or proposed; and if he will make a statement on the matter. [13758/22]

View answer

Bernard Durkan

Question:

249. Deputy Bernard J. Durkan asked the Minister for Defence the number of allegations of physical or sexual misconduct or bullying in the Army, Naval Service and Air Corps that have been investigated and authenticated; the extent of action taken arising therefrom; and if he will make a statement on the matter. [13759/22]

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Written answers

I propose to take Questions Nos. 247, 248 and 249 together.

All members of the Defence Forces, 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. Where there are allegations of offences having been committed, investigations are 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, 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.

As the Deputy will be aware, the Chief of Staff, is tasked with the maintenance of good order and discipline within the Defence Forces and he provides me with a report on the number of complaints of inappropriate behaviour made under Defence Forces Administrative Instruction A7 Chapter 1 on a quarterly basis. The table below details the number of reported cases of alleged inappropriate behaviour in the Defence Forces in the past six years.

DFR A7 Chapter 1

2016

08

2017

13

2018

07

2019

09

2020

08

2021

05

Total

50

As prescribed in Defence Forces Administrative Instruction A7 Chapter 2, the Defence Forces are required to notify both myself and the Ombudsman of any complaint made under Chapter 2 of this Instruction. The table below is a breakdown of the number of Notification of Complaints under Chapter 2, concerning unacceptable behaviour only, submitted from 2016 to 2021. It is important to note each notification of complaint may contain a number of separate complaints.

DFR A7 Chapter 2

2016

9

2017

2

2018

6

2019

11

2020

4

2021

20

Total

52

It is important to note that no direct correlation can be made between the Chapter 1 figures and the Chapter 2 figures as these are separate processes and can relate to different types of unacceptable behaviour, not all of which relate to sexual abuse, harassment or discrimination. Similarly, the matters complained of under a Chapter 1 complaint may also give rise to a Chapter 2 complaint and, therefore, there may be duplication across some of the cases in both given figures.

On foot of engagements both I and my officials have had in recent months, with a number of stakeholders, including both serving and former members, I have publicly acknowledged that the systems, policies and pervading culture in the Defence Forces, have not, and are not serving all Defence Forces personnel well.  

As the Deputy will be aware, the recently established Independent Review Group, under the Chair of retired High Court Judge, Bronagh O’Hanlon, is examining issues relating to bullying, harassment, discrimination and sexual misconduct in the Defence Forces as well as the workplace culture. 

The Independent Review Group will, in particular:

- Advise on whether the current legislative frameworks, policies, procedures and practices for addressing incidents of unacceptable behaviour in the workplace are effective. 

- Independently assess whether the pervading culture in the workplace is fully aligned with the principles of dignity, equality, mutual respect, and duty of care for every member of the Defence Forces.

- Provide recommendations and guidance 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.

This Independent Review is seen as a critical and vital next step to ensure that serving members of the Defence Forces are able undertake their duties in a work place that is safe, and underpinned by core principles of dignity and equality and where there is zero tolerance of unacceptable behaviour. I have received an initial report from the Chair of the Review Group confirming that work within the agreed Terms of Reference is underway. As the Deputy will be aware, I have set an ambitious timetable for the Group and I have requested an interim report within 6 months with a final report within 12 months, which I intend to bring to Government.

Question No. 248 answered with Question No. 247.
Question No. 249 answered with Question No. 247.
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