Thursday, 6 Oct 2022

Written Answers Nos. 81-100

Defence Forces

Questions (81)

Sorca Clarke

Question:

81. Deputy Sorca Clarke asked the Minister for Defence if his attention has been drawn to the complaint made to the European Committee of Social Rights registered on 9 August 2022 by the European Organisation of Military Associations and Trade Unions against Ireland to seek just conditions of work and to achieve adequate compensation for members of the Defence Forces who work on public holidays and to secure overtime payments for additional hours worked; his views on this complaint; and the actions he and his Department plan to take to rectify this situation. [49009/22]

Written answers

Minister for Defence

I am aware that a complaint has been made by EUROMIL to the European Committee on Social Rights. The procedure in general in a case like this, is the Committee registers the complaint and then seeks written observations from the Country concerned as to the admissibility of the complaint. I am advised by my officials that to date there has been no official correspondence received from the European Committee of Socials Rights on this matter.

I cannot comment further at this stage pending notification of the case from the European Committee on Social Rights.

Question No. 82 answered with Question No. 77.

Defence Forces

Questions (83)

Brendan Smith

Question:

83. Deputy Brendan Smith asked the Minister for Defence the number of progression and personal development courses available for Private 3-Star members of the Defence Forces on a yearly basis since 2018; the number who applied for these courses and the numbers offered courses on a yearly basis; and if he will make a statement on the matter. [48937/22]

Written answers

Minister for Defence

I am advised by the military authorities that the number of courses and schemes offered is not maintained centrally. These details are maintained at a local unit/formation/branch level in a manner that does not readily lend itself to speedy collation permitting detailed analysis. Consequently, it has not been possible to compile the specific yearly figures requested in the time available.

The primary function of training in the Defence Forces is to develop and maintain the capabilities necessary to enable personnel to fulfil the roles laid down by Government. The Defence Forces conduct training under four broad categories, namely; Leadership, Skills, Career, and Collective. The scheduling of training is underpinned by an analysis of training required to meet operational output and capability development requirements.

Training and education in the Defence Forces is conducted in line with national and international best practice. On average, the Defence Forces conduct between 1,200 and 1,400 courses of training and education each year.

I am informed that, since 2018, 412 Defence Forces personnel have completed a Potential Non-Commissioned Officer (NCO) Course. This course is designed to develop the qualities of leadership and to provide the knowledge, skills, and instructional ability necessary to qualify a Private soldier to hold the rank of Corporal and to command a section across the spectrum of military operations.Currently, there are 110 3-Star Privates and Aircrew undergoing these courses which are taking place in 2 Brigade and the Defence Forces Training Centre.

In addition to the Potential NCO Course, the Trainee Technician Scheme is another significant personal development opportunity available to Privates. The purpose of the Trainee Technician Scheme is to provide military tradespersons for Corps/Branches to enable and support the services in their delivery of capability. The scheme offers successful candidates the opportunity to transition from line service to become qualified and experienced in the trade for which he or she is selected. The training comprises alternating phases of academic and practical training modules over 4 years.

There are also a wide range of personal development opportunities available on a full or part-time basis including accredited second and third level courses through, in some cases, partnerships with institutes of technology.

I remain committed to ensuring that all personnel of the Defence Forces continue to be trained to appropriate standards and have opportunities for progression throughout the course of their careers.

Defence Forces

Questions (84)

Cathal Berry

Question:

84. Deputy Cathal Berry asked the Minister for Defence the way in which he will implement the European Union Work Time Directive in the Defence Forces; when he expects the Defence Forces to be in compliance with same; and if he will make a statement on the matter. [49047/22]

Written answers

Minister for Defence

As the Deputy will be aware, the Defence Forces are currently excluded from the provisions of the Organisation of Working Time Act 1997, which transposed the EU Working Time Directive into Irish Law. The Government, however, has committed to amending this Act and bringing both the Defence Forces and An Garda Síochana within the scope of its provisions, where appropriate.

The Working Time Directive, recognises the specific nature of certain military activities and allows for derogations or exemptions of such activities. Extensive work undertaken by civil and military management has determined that a high percentage of the normal everyday work of the Defence Forces is already in compliance with the Working Time Directive. However, it has also been determined that there are some activities which may qualify for an exemption or a derogation due to their very specific nature.

There have been extensive and ongoing deliberations by civilian and military management on the wider implementation of Working Time Directive within the Defence Forces with a view to formulating a proposed management position for my consideration and approval.

Those deliberations have being informed by the interpretation of recent European Case Law on military service, as well as the fundamental requirement to ensure that rights are afforded to serving members, while ensuring that the Defence Forces can continue to fulfill their essential state functions. As the Deputy will appreciate, these are complex matters.

I’m pleased to note that consultation on the proposed management position with the Representative Associations through the mechanism of the Working Time Directive Conciliation and Arbitration Sub-Committee, has recently commenced and that dialogue is continuing. In this context, I understand that a number of matters have been raised by the Representative Associations and these are being actively examined by civilian-military management.

As I'm sure the Deputy will appreciate, I need to let the Sub-Committee do its work and for this reason, I will not be commenting further on the matters under consideration or pre-empting the outcome of this consultative process.

Upon conclusion of engagement with the Representative Associations, the final management position on the implementation of the Working Time Directive within the Defence Forces, will be submitted to me for my consideration and approval.

My officials will thereafter be engaging with the Department of Enterprise Trade and Employment, who , as the Deputy will be aware, are responsible for bringing forward the necessary amendments to primary legislation.

I can assure the Deputy that the health and safety of personnel in the Defence Forces remains a priority for myself and the Chief of Staff and we remain fully committed to ensuring that the provisions of the Working Time Directive are applied appropriately throughout the Defence Forces.

Defence Forces

Questions (85, 91, 103)

Richard Bruton

Question:

85. Deputy Richard Bruton asked the Minister for Defence the way that Budget 2023 will commence the implementation of recommendations made by The Commission on the Defence Forces. [48931/22]

Colm Burke

Question:

91. Deputy Colm Burke asked the Minister for Defence the amount of funding that will be allocated to pay and allowance enhancements for serving members of the Defence Forces following the announcement in Budget 2023; the timeline for when these increases will come into effect; and if he will make a statement on the matter. [48631/22]

James Lawless

Question:

103. Deputy James Lawless asked the Minister for Defence the impact that the increase in expenditure announced in Budget 2023 will have on serving members of the Defence Forces; and if he will make a statement on the matter. [48887/22]

Written answers

Minister for Defence

I propose to take Questions Nos. 85, 91 and 103 together.

For 2023, the total allocation for Vote 36 – Defence is €893 million, which is an overall increase of €57 million on 2022, doubling the increase for Defence from last year and comprising of an increase of €35 million in the capital allocation and €22 million in the current allocation.

The Defence capital allocation has increased to €176 million, a 25% increase on 2022. This will allow significant capital investment in defensive equipment programmes, including force protection. It will also allow a significant number of building projects to advance under the Defence Forces built infrastructure programme, thereby modernising and upgrading facilities. This capital investment will enhance the equipment and facilities for all serving members of the Defence Forces.

An allocation of some €498 million has been provided for the pay & allowances for members of the PDF for 2023. This includes the costs associated with the existing Building Momentum pay deal and also provides for a number of measures recommended by the Commission on the Defence Forces, that will impact pay and allowances, should sanction be received to progress these measures by the Department of Public Expenditure and Reform:

- Extension of Military Service Allowance to all PDF personnel;

- Removal of the requirement for 3* Privates to ‘Mark Time’

- Extension of the Sea-Going Commitment Scheme;

- Commence further evaluation of the introduction of Long Service Increments to the pay scales of all ranks of enlisted personnel and

- Commence further evaluation of the creation of a new enlisted rank of Lance Corporal in the Army and the Air Corps.

The implementation of these enhancements will be advanced as soon as agreement is reached with all the relevant stakeholders, and the appropriate administrative arrangements put in place. Funding is also provided for the recruitment of the Head of Transformation and Strategic HR roles in the Defence Forces, as outlined in the High Level Action Plan.

In addition to pay commitments, the increased current expenditure allocation will also provide for rising Defence Forces standing and operational costs anticipated in 2023, across a broad range of areas, including IT, training, catering and maintenance.

The funding allocated in Budget 2023 will enable the Defence Forces to deliver effectively on all its key domestic and international responsibilities, to enhance our national and international security capability, and to facilitate progression on the structural and cultural transformation of the Defence Forces as recommended by the Commission.

Question No. 86 answered with Question No. 80.

Defence Forces

Questions (87)

Cathal Berry

Question:

87. Deputy Cathal Berry asked the Minister for Defence when the pay improvements outlined in the High-Level Action Plan will be paid to military personnel; and if he will make a statement on the matter. [49049/22]

Written answers

Minister for Defence

The Deputy will be aware that the Commission on the Defence Forces High Level Action Plan (HLAP) identifies a number of pay-related recommendations for progression, including the intention to progress implementation of the following:

- Removing the requirement for a 3 Star Private/Able Seaman to ‘mark time’ for the first three years at that rank,

- Ensuring that all personnel of Private 3 Star/Able Seaman rank are paid the full rate of MSA applicable to the rank, and

- Providing immediate access to the Sea-going Service Commitment Scheme to direct entry personnel in the Navy;

I am pleased to announce that following consultation with my colleague the Minister for Public Expenditure and Reform, my Department can now proceed to implement the first two early actions, the removal of Marked Time and the payment of the full rate of MSA. This will result in the pay rates for Private 3 Star/Able Seaman in their first three years of service rising to €34,798 in Year 1, €36,128 in Year 2, and €37,353 in Year 3.

A number of other remunerative elements have been prioritised in the HLAP, including a commitment to commence further evaluation of:

- Replacing the existing sea-going allowances with less complex sea-going duty measures,

- Introducing Long Service Increments to the pay scales of all ranks of enlisted personnel,

- On the basis that all personnel should, in the first instance, be paid the full rate of MSA applicable to their rank, MSA should be abolished and the full applicable rate integrated into core pay.

In addition, the HLAP states a commitment to commence examination of options in relation to a mechanism for review of existing specialist pay rates and allowances.

The HLAP also set out proposed implementation and oversight structures, and the Implementation Oversight Group met for the first time on 3rd October. A civil/military Implementation Management Office has been established to support the implementation of the overall transformation programme required to implement recommendations from the report of the Commission. The initial focus of the IMO is the implementation of the 38 early actions as set out in the High Level Action Plan and the development of a detailed Implementation Plan. Reporting mechanisms have been established to facilitate regular progress reports on the early actions to the IMO and the civil/military Strategic Management Committee. The Implementation Management Office will monitor and report on actions against set timeframes for the early actions and the detailed implementation plan. The measures set out above will be progressed as part of that Plan.

Question No. 88 answered with Question No. 73.

Defence Forces

Questions (89)

Cathal Crowe

Question:

89. Deputy Cathal Crowe asked the Minister for Defence the locations in which he proposes to install military radar systems in Ireland; and if he will make a statement on the matter. [48805/22]

Written answers

Minister for Defence

Commencing planning for military radar capabilities, including primary radar, is one of a number of early actions identified in the High Level Action Plan that sets out the Government’s response to the report of the Commission on the Defence Forces. While I can confirm that work is currently underway on this early action, and funding for this was prioritised in last week's budget, the question of where such radar systems may be located is premature at this early stage of the process.

Question No. 90 answered with Question No. 74.

Question No. 91 answered with Question No. 85.

Defence Forces

Questions (92)

John Brady

Question:

92. Deputy John Brady asked the Minister for Defence if a decision been made to withdraw Irish troops from Mali; and if he will make a statement on the matter. [49018/22]

Written answers

Minister for Defence

Irish Defence Forces personnel are currently deployed in the European Union Training Mission Mali (EUTM Mali) and no decision has been taken to end Defence Force participation in this mission.

Ireland has participated in EUTM Mali since its launch in 2013. Government has approved the mandate for the deployment of up to twenty (20) members of the Permanent Defence Force for service with EUTM Mali up to 23 March 2023. Ireland’s current contribution to the mission stands at fourteen (14) personnel.

EU Member States decided in April 2022 to temporarily suspend the provision of operational training to formed units of the Malian armed forces and National Guard, as a reversible measure in order to prevent any reputational risk due to Malian defence and security forces trained by the EU falling under the control or engaging along with Russia-affiliated forces. As a consequence, the number of Defence Force personnel serving with the mission was reduced during the year in line with reduced training requirements in the mission.

The EUTM Mali mission is an integral part of the EU’s comprehensive approach to the situation in Mali and Africa’s Sahel region. EUTM Mali complements other EU projects and activities carried out in the context of the EU Strategy for Security and Development in the Sahel.

Irelands participation in the United Nations Multidimensional Integrated Stabilization Mission (MINUSMA) concluded in September 2022. From September 2019 to September 2022 Defence Forces personnel served as part of a joint deployment with the German Armed Forces at Camp Castor in GAO and at MINUSMA HQ in Bamako, where they carried out assigned tasks in accordance with the mission mandate. Following an original two-year commitment, we subsequently agreed to extend our commitment for a third year.

The deployment of Defence Forces personnel to overseas missions is subject to ongoing review, particularly in relation to the safety and security of Irish personnel.

Defence Forces

Questions (93)

Bernard Durkan

Question:

93. Deputy Bernard J. Durkan asked the Minister for Defence the timeframe for the implementation of the recent budgetary announcement in respect of the Defence Forces; and if he will make a statement on the matter. [48881/22]

Written answers

Minister for Defence

For 2023, the total allocation for the Defence Vote Group is €1.174 billion, comprising €893 million for Vote 36 - Defence, and €281 million for Vote 35 - Army Pensions, which is an overall increase of €67 million on 2022.

The increase of €67 million is made up of an additional €35 million in respect of capital expenditure for the Defence Vote, €22 million in respect of current expenditure for the Defence Vote and €10 million for the Army Pensions Vote.

The Defence capital allocation has increased by €35 million, to €176 million, a 25% increase on 2022. This funding will be used for investment in defensive equipment programmes and on upgrading and modernising the Defence Forces built infrastructure. These projects will be advanced and developed throughout 2023 in line with internal capital planning frameworks.

The allocation for current expenditure in the Defence Vote has increased by €22 million to €717 million, made of up €175 million to meet standing and operational costs and €542 million for the ongoing pay and allowances of the Defence Forces, civilian employees and departmental civil servants, including the costs associated with the existing Building Momentum pay deal.

This allocation also includes funding to facilitate implementation of a number of key recommendations of the commission, such as specific enhancements to pay and allowances and the recruitment of the Head of Transformation and Strategic HR roles in the Defence Forces, as outlined in the high-level action plan. The implementation of these recommendations will be advanced as soon as agreement is reached with all the relevant stakeholders and the appropriate administrative arrangements put in place.

The allocation for Vote 35 - Army Pensions - has increased by €10 million to €281 million and will meet the pensions costs for more than 13,000 ex-members of the Defence Forces and their dependants.

The funding allocated in budget 2023 will enable the Defence Forces to deliver effectively on all its key domestic and international responsibilities, to enhance our national and international security capability, and to facilitate progression on the structural and cultural transformation as recommended by the Commission on the Defence Forces.

Naval Service

Questions (94)

John Brady

Question:

94. Deputy John Brady asked the Minister for Defence if he will outline the nature of the operation that the Naval Service is involved in off the coast of Libya; and if he will make a statement on the matter. [49021/22]

Written answers

Minister for Defence

EUNAVFOR MED Operation IRINI, the UN mandated EU Naval mission in the eastern Mediterranean, was launched on the 31st of March 2020 with a mandate in place until the 31st of March 2023.

The Operation’s core task is the implementation of the UN arms embargo on Libya through the use of aerial, satellite and maritime assets. In particular and in accordance with United Nations Security Council Resolution 2292 (2016), the mission is mandated to carry out inspections on the high seas off the coast of Libya of vessels suspected to be carrying arms or related material to and from Libya, in addition to monitoring violations perpetrated via aerial and land routes.

As secondary tasks, EUNAVFOR MED IRINI also:

- monitors and gathers information on illicit exports from Libya of petroleum, crude oil and refined petroleum products;

- contributes to the capacity building and training of the Libyan Coast Guard and Navy;

- contributes to the disruption of the business model of human smuggling and trafficking networks through information gathering and patrolling by planes.

As of 1 September 2022, Ireland has three members of the Naval Service deployed to Operation IRINI. These personnel are deployed to the Operational Headquarters (OHQ) in Rome in staff officer posts.

Defence Forces

Questions (95, 96, 102, 114)

Mick Barry

Question:

95. Deputy Mick Barry asked the Minister for Defence the reports that he has received from the Independent Review Group into allegations of sexual harassment in the Defence Forces; his views on whether the group should have the power to compel witnesses; and if he will make a statement on the matter. [48966/22]

Thomas Gould

Question:

96. Deputy Thomas Gould asked the Minister for Defence the last time he met with a group (details supplied). [48905/22]

Catherine Connolly

Question:

102. Deputy Catherine Connolly asked the Minister for Defence the status of the draft review report pursuant to the terms the independent review to examine the effectiveness of the policies, systems and procedures in place for dealing with bullying, harassment, discrimination, sexual harassment and sexual assault in the Defence Forces, which was to be provided to him within six months; his plans to publish the draft review report; and if he will make a statement on the matter. [48951/22]

Mick Barry

Question:

114. Deputy Mick Barry asked the Minister for Defence if he has received the interim report from the Independent Review Group into allegations of sexual harassment in the Defence Forces; and if he will make a statement on the matter. [48967/22]

Written answers

Minister for Defence

I propose to take Questions Nos. 95, 96, 102 and 114 together.

As the Deputy will be aware, I am committed to ensuring that every member of the Defence Forces can carry out their duties in a workplace underpinned by dignity and equality. The Judge-led Independent Review Group, established last January by me, following Government approval, is examining the systems, policies and procedures for dealing with issues relating to bullying, discrimination, harassment, sexual harassment and sexual misconduct in the Defence Forces.

This Review is well underway and is a necessary and critical first step to address the need for a safe work environment for serving members with zero-tolerance for such unacceptable behaviour. The serving members of the Defence Forces expect nothing less.

I wish to add that the work of the Independent Review Group is entirely independent in keeping with the Terms of Reference. The Group have full independence and autonomy to undertake its body of work, under its Chair, Ms Justice Bronagh O’Hanlon.

As the Deputy will be aware, the Terms of Reference provide that it is open to the Review Group to conduct its business through oral and/or written engagement on a group basis and/or individual basis. The Review will include the receipt of the views and experiences from both current and former Defence Forces personnel of workplace incidents of unacceptable behaviour. I wish to underline that the sharing of such views and experiences by interviewees is entirely voluntary and treated in confidence.

I have received six updates from the Independent Review Group including when they asked for a 4th member to assist in completing their work. This request was approved. In line also with the Terms of the Review, I have also been briefed via an Interim Report and at the request of the Group, this will not be published, as its work is not complete.

I wish to add that the Terms of Reference for the Review are wide-ranging and provide that Government may consider further work on receipt of the Independent Review findings. I’m eager to have this work concluded. The final report which is to be presented to me at the end of the year, will be brought to Government, before being published.

Question No. 96 answered with Question No. 95.

Defence Forces

Questions (97)

Cathal Berry

Question:

97. Deputy Cathal Berry asked the Minister for Defence when a mechanism will be agreed with the Department of Public Expenditure and Reform to create the additional military appointments necessary to implement the High-Level Action Plan; and if he will make a statement on the matter. [49051/22]

Written answers

Minister for Defence

In July Government approval was given for a move to ‘Level of Ambition 2’ (LOA2), as set out in the capability framework devised by the Commission on the Defence Forces. This will result in the Defence budget rising from €1.1 billion to €1.5 billion, in 2022 prices, by 2028, the largest increase in Defence funding in the history of the State. This will allow for the required substantial transformation and investment in recruitment and equipment that were identified by the Commission. The recent Budget for 2023 included an increase of €67m over the 2022 budget for Defence. This includes an almost 25% increase in Capital funding and demonstrates the Government’s strong commitment to support the transformation of the Defence Forces into a modern, agile military force, capable of responding to increasingly complex security threats.

The move to LOA2 will require an additional 2,000 personnel (civil and military) over and above the current establishment of 9,500. Work has already commenced on this with the recently announced recruitment campaign, ‘BE MORE’.

The establishment of an Office of Reserve Affairs with the priority objective of developing a regeneration plan for the Reserve Defence Force is included in the High Level Action Plan (HLAP) which was also approved by Government.

As a first step, in order to provide momentum and credibility to the HR and cultural change process, my officials and military management are progressing, as a matter of priority, an open recruitment process to fill a number of new positions including two civilian posts of Head of Transformation and Head of Strategic HR to drive the transformation and cultural change that is urgently required within the Defence Forces. Work on this is currently underway and sanction for these two posts has recently been received from the Department of Public Expenditure and Reform. This will be followed by further engagement on the actions outlined in the HLAP.

Ukraine War

Questions (98)

Catherine Connolly

Question:

98. Deputy Catherine Connolly asked the Minister for Defence the number and dates of all meetings of the Ukraine Defence Contact Group that were held in 2022 at which Ireland was represented; the details of the next meeting of the group; if Ireland will be represented at that meeting; and if he will make a statement on the matter. [48952/22]

Written answers

Minister for Defence

Following a conference at the Ramstein Air Base in Germany on 26 April, organised by the United States to discuss the Russian invasion of Ukraine, particularly Ukrainian defence capabilities, as well as pledge and coordinate further support to Ukraine, Ireland was invited to join the newly-formed Ukraine Defence Contact Group.

Meetings of the Group have taken place on 23 May, 15 June, 20 July and 8 September. In each case, Ireland was represented at senior official level from the Department of Defence and at senior military level by the Defence Forces. These meetings have alternated between video conferences and in-person meetings.

This Group provides a forum to discuss the response of the international community to the Russian invasion of Ukraine. Ireland has provided military equipment in the form of body armour and ready-to-eat meals to the Ukrainian Armed Forces and has committed to contribute a further €55 million through the European Peace Facility.

The contact group has grown to more than 50 participating members, including almost all NATO and EU Member States as well as a number of African and Asian countries.

It is considered useful for Ireland to avail of all appropriate opportunities for high-level and diplomatic engagement on issues relating to Ukraine, particularly as regards the long-term perspectives for the conflict, the potential scenarios ahead, including any eventual pathway to a negotiated solution, as well as the wider transformation of the European security landscape.

The next meeting of the Ukraine Defence Contact Group will take place in Brussels on 12 October and it is expected that Ireland will be represented once again at senior official and Defence Force level.

Question No. 99 answered with Question No. 80.

Departmental Data

Questions (100)

Brendan Griffin

Question:

100. Deputy Brendan Griffin asked the Minister for Defence if any incursions into Irish territorial waters have taken place in the past eight months; and if he will make a statement on the matter. [48904/22]

Written answers

Minister for Defence

Neither my Department nor the Defence Forces have any record of any incursions into Irish Territorial Waters during the past eight months.

The Naval Service and Air Corps carry out ongoing Maritime Defence and Security Operations within Irish territorial waters and the Irish Exclusive Economic Zone. The United Nations Convention on the Law of the Sea (UNCLOS) allows for all vessels, including military vessels, to transit through the territorial waters of coastal states when conducting innocent passage (as defined by art. 19 of UNCLOS). Furthermore, naval vessels are permitted to conduct exercises outside of territorial waters in a country’s Exclusive Economic Zone so long as this does not unduly interfere with the Coastal State. Any vessels transiting Irish waters must do so in compliance with international law and may be subject to sighting and observation by the Naval Service and Air Corps without their innocent passage being infringed.

Infringement of these obligations under international law would be a serious matter and would be addressed by the Government accordingly.