Dáil Éireann Debate, Tuesday - 21 November 2023
62. Deputy Réada Cronin asked the Tánaiste and Minister for Defence if he will include the Safety, Health and Welfare at Work Act 2005 in the terms of reference of the tribunal of inquiry, specifically in the context of the sensitive, significant matters and working circumstances raised by a group (details supplied); and if he will make a statement on the matter. [50893/23]
View answerThe 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.
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.
I have met the Women of Honour and their legal representatives on a number of occasions, the most recent being on 27 September last. Many of the additional terms and edits sought by the Women of Honour and their legal team, including their request for a statutory public inquiry have been included in the terms of reference for the Tribunal of Inquiry.
I have explained at these meetings that 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. I have also outlined that certain terms sought for inclusion will in fact be examined in separate, non-statutory investigations, in line with the recommendations in the IRG report.
It is important to note that the Tribunal will have regard to any and all relevant legislative provisions, which includes the Safety, Health and Welfare at Work Act 2005, and this will be at the discretion of the Judge who will be appointed as Chair of the Tribunal.
The Health and Safety Authority (HSA) is the statutory body responsible for matters relating to occupational health and safety. A copy of the IRG Report was circulated to the HSA following publication earlier this year. I welcome the inspection of the Defence Forces which the HSA recently advised that they propose to undertake, arising from matters in the IRG Report.
Revised Terms of Reference for the Tribunal of Inquiry have been shared recently with individuals and groups who have been in contact with my Office.
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.
