As the Deputy will be aware, I am committed to ensuring that every member of the Defence Forces is able to 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, as well as the prevailing workplace culture.
In accordance with the Terms of Reference the Group will:
- Advise me 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 and thirdly;
- Will 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.
As I'm sure the Deputy will appreciate, this Review 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 have received nine 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 been briefed via an Interim Report and at the request of the Group, this is not being been published, as its work is not complete.
The Deputy will additionally be aware that the Terms provide that Government may consider further work on receipt of the Independent Review findings.
I wish to assure the Deputy also that the work of the Group is on target and it is expected that the Final Report will be submitted to me before the end of the year in line with the Terms of Reference.
As I have stated already, I am very eager for this work to conclude and would add that the Final Report will be brought to Government, before being published.
I wish to emphasise that the work of the Independent Review Group is entirely independent and the Group have full independence and autonomy to undertake its body of work, under its Chair, Ms Justice Bronagh O’Hanlon. The Terms of Reference, as agreed by Government are wide-ranging and underpin the body of work the Group is undertaking. I am very satisfied that those Terms have provided the Group with the leverage required, to carry out a full and comprehensive assessment of the systems, policies and procedures for dealing with unacceptable behaviour, as well as workplace culture, and make appropriate recommendations.
Separately, for the Deputy's awareness, 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.
