Dáil Éireann Debate, Tuesday - 14 November 2023
86. Deputy Holly Cairns asked the Tánaiste and Minister for Defence if his attention has been drawn to the fact that many women in the Defence Forces did not submit official complaints of abuse due to fears of repercussions; and whether, in light of this, the terms of reference for the inquiry into the Defence Forces could cover ‘incidents of abuse’ rather than being confined to ‘complaints of abuse’. [49922/23]
View answer87. Deputy Holly Cairns asked the Tánaiste and Minister for Defence whether the Safety, Health and Welfare at Work Act could be explicitly included in the terms of reference for the inquiry into the Defence Forces; and if he will make a statement on the matter. [49923/23]
View answerI propose to take Questions Nos. 86 and 87 together.
The report of the Independent Review Group established to examine dignity and equality issues in the Defence Forces was published on 28 March 2023. The Government agreed to progress the recommendations contained in the Report, which included the establishment of a Statutory Inquiry to identify systemic failures, if any, in the complaints system, in order to ensure accountability and transparency.
Draft Terms of Reference were prepared in consultation with the Attorney General and shared with a wide variety of interested parties. I accepted many of the additional terms and edits, in particular those sought by the Women of Honour and their legal team, including their request for a statutory public inquiry.
In July, I obtained the approval of the Government to establish a Judge-led Tribunal of Inquiry, pursuant to the provisions of the Tribunals of Inquiry (Evidence) Act, 1921 (as amended), to examine the effectiveness of the complaints processes in the Defence Forces and to address workplace issues relating to discrimination, bullying, harassment, sexual harassment and sexual misconduct. I have continued to engage with a range of stakeholders to this process, including the Women of Honour and their legal representatives.
I am committed to following all of the recommendations of the IRG report. Certain terms sought for inclusion are to be examined in separate, non-statutory investigations in line with the recommendations in the IRG report.
The Tribunal is being established to identify systemic failures, if any, in the complaints processes in the Defence Forces. The Terms of Reference must be clearly defined to ensure that the Tribunal is capable of completing the task assigned to it within a reasonable timeframe.
The Tribunal will have regard to any and all relevant legislative provisions. This will be at the discretion of the Judge who will be appointed as Chair of the Tribunal.
Revised Terms of Reference have been shared with individuals and groups who have been in contact with my Office and I intend to revert to Government in the coming weeks to seek approval for the Terms of Reference and for the appointment of a Judge to Chair the Tribunal.
