Dáil Éireann Debate, Thursday - 8 September 2022
795. Deputy Michael Lowry asked the Minister for Defence if he will address issues which were raised by a person (details supplied) in County Tipperary who is a retired member of the Army Defence Forces and is trying to obtain his Army disability pension; the assistance that can be offered to this person to address their concerns; and if he will make a statement on the matter. [43728/22]
View answerI wish to assure you that the matters raised by the person in question (details supplied) have been examined and have been referenced in a number of responses which have issued by my office.
Concerning an entitlement to a Disability Pension, the Army Pensions Acts provide that a disability pension may, following retirement, be granted to a former member of the Permanent Defence Force (PDF) in respect of permanent disablement due to a wound or injury attributable to military service (whether at home or abroad) or to a disease attributable to or aggravated by overseas service with a United Nations Force. The Acts also provide that a disability pension may be granted in respect of permanent disablement due to a disease secondary to an injury (whether at home or abroad).
The person in question applied for a Disability Pension in 1996. The application was in respect of a condition which is classified for the purposes of the Army Pensions Acts as a disease. Under the Army Pensions Acts, overseas service with the United Nations is required as part of the criteria for awarding a pension for disease. Unfortunately the person in question had no overseas service and, therefore, the application could not be accepted as it did not meet the criteria as specified in Section 5 of the Army Pensions (No.2) Act, 1960. This legislative provision remains in place and the Department of Defence has no discretion to waive the criteria, as they are governed by statute.
As you will be aware, I obtained government approval on 25 January last for a judge led Independent Review Group, to examine the current policies, systems and procedures for dealing with matters relating to dignity, discrimination, bullying, harassment, sexual harassment and sexual misconduct in the Defence Forces.
I wish to reiterate in the strongest possible terms, that bullying, harassment, and any form of unacceptable behaviour will not be tolerated in the Defence Forces. I am absolutely committed as a priority to ensuring that all members of the Defence Forces have the right to undertake their duties in an environment underpinned by dignity and equality.
The Independent Review, which is well underway, provides that both former and serving members of the Defence Forces may make contact with the Group and share their experiences including those of a historical nature.
I would strongly encouraging all stakeholders, including both former and serving members of the Permanent Defence Force, to engage with the Independent Review Group. The sharing of such views and experiences by interviewees will be treated in absolute confidence. These submissions will also form an important input to the Group’s final review report. Details of how to make a submission are available on the website of the Independent Review Group www.gov.ie/irgdf.
Finally, I wish to clarify that the Report of the Ombudsman for the Defence Forces (ODF) into matters referenced by the named individual, has indicated that the ODF does not have jurisdiction to investigate the complaints submitted and in addition, advised that he had not made any determination in relation to the matters raised.
As I have confirmed previously, the Independent Review is seen as a critical first step in ensuring that there is zero tolerance of unacceptable behaviour within the Defence Forces.
