Dáil Éireann Debate, Tuesday - 8 November 2022
478. Deputy Catherine Connolly asked the Minister for Defence the number of Defence Forces members who have been required to sign non-disclosure agreements as a result of a legal settlement in respect of actions for sexual harassment, discrimination or bullying in the past 20 years; and if he will make a statement on the matter. [54519/22]
View answerThe management of claims against the Minister for Defence in relation to personal injuries alleged to have occurred within Ireland has been delegated to the State Claims Agency (SCA) since 2001. The management of claims in respect of personal injuries alleged to have occurred overseas, claims of post-traumatic stress disorder, bullying and other harassment cases have been delegated to the SCA since 2011. Prior to 2011, these claims were management by the Chief State Solicitor’s Office.
The State Claims Agency (SCA) has advised that confidentiality agreements may be requested by the SCA or the Plaintiff. The SCA does not routinely request confidentiality agreements in relation to claims’ settlements but does so very occasionally when it deems it necessary and appropriate. Where it is requested by the Plaintiff, it is the SCA's practice to agree to enter into a confidentiality agreement.
The SCA has advised that the use of mediation to resolve claims has increased in recent years. The mediation process is entirely confidential between the parties. It is almost invariably the case in mediations that the mediator will ask the parties to sign an agreement attesting to the confidential nature of the mediation and it’s outcome.
The SCA further advises that the National Incident Management System (NIMS) does not capture/record data on confidentiality agreements and so it is not possible to provide statistics on non-disclosure agreements as a result of a legal settlement in respect of actions for sexual harassment, discrimination or bullying.
The CSSO has also been consulted on this matter and has advised that their reporting system is not in a position to readily identify those files where Defence Forces members were asked to sign a non-disclosure agreement.
The Deputy will appreciate that I am not in a position to discuss specific settlements or to comment on the nature of such settlements.
