Dáil Éireann Debate, Tuesday - 23 January 2024
51. Deputy Réada Cronin asked the Tánaiste and Minister for Defence when negotiations with stakeholders regarding the terms of reference for the tribunal of inquiry into abuse allegations within the Defence Forces concluded; and if he secured full support and endorsement for his proposed terms of reference from stakeholder groups which brought the abuse allegations to light prior to bringing them to Cabinet. [2990/24]
View answerI ask the Minister for Defence when the negotiations with stakeholders regarding the terms of reference for the tribunal of inquiry into abuse allegations within the Defence Forces concluded; and if he secured full support and endorsement for his proposed terms of reference from stakeholder groups which brought the abuse allegations to light prior to bringing them to Cabinet.
The report of the independent review group, which was 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.
The 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.
I considered all views and observations received from a wide range of interested parties. There were a variety of views expressed at the stage of the formative tribunal. For instance, some people expressed the view that they would be reluctant to share their experiences in public. Other individuals and groups sought a statutory public inquiry and that is what we have done. While recognising and acknowledging publicly the very important role of the Women of Honour in bringing very serious allegations to public attention, I also had to consider the views of other interested parties, including my obligation to current serving members of the Defence Forces.
The draft terms of reference initially prepared and circulated last May were amended and expanded arising from the feedback received from the Women of Honour and other groups and following further discussions with the Attorney General.
The terms of reference provide that the tribunal of inquiry will examine the effectiveness of the complaints processes in the Defence Forces concerning workplace issues relating to discrimination, bullying, harassment, sexual harassment and sexual misconduct and to investigate the response to complaints made regarding the use of hazardous chemicals within Air Corps headquarters at Casement Aerodrome, Baldonnel.
The Government approved on Tuesday last the terms of reference for the tribunal. The Government also approved the appointment of Ms Justice Ann Power to chair the tribunal. I will be bringing a motion for resolution to establish the tribunal of inquiry before this House tomorrow.
Gabhaim buíochas leis an Tánaiste for his reply on this extremely sensitive issue. The Women of Honour were clear when I spoke to them that when they, in turn, spoke to the Tánaiste around the terms of reference on 14 December, he said he would reflect on the matters they raised with him. It seems there is a clear breakdown in communication between his Department and the Women of Honour because they were certainly under the impression that he would be returning to them after a period of reflection and they fully expected to hear back from him. There is such a critical difference with regard to the Tánaiste's Department and the Women of Honour and it is not a good sign of things to come. It worries me that this shows a lack of respect and the old cultural view and the "we know better" way of doing things over people's heads. The Women of Honour were especially concerned around the proposed use of the wording "complaints of abuse" as opposed to what they saw as being "instances of abuse". They were certainly under the impression that negotiations with the Tánaiste had not concluded, so I will ask again whether he felt that negotiations had concluded.
I am surprised with what the Deputy said and I do not think it is fair. There has been full respect on my side and there has been ongoing engagement. We actually met in January but the Deputy seems to suggest the last meeting was in December. We met again, we reflected, we changed and we made further inclusions, particularly in respect of the hazardous chemicals issue in Baldonnel. We changed on the instances issue. We dealt with that. People will be able to come forward and discuss what happened to them within the context of how the complaints system worked. We also included the issue of whether people were deterred or intimidated from making complaints. There was the question of reprisals, if they happened. All that is in the terms of reference.
The only outstanding issue when we concluded was that the Women of Honour's view on the random selection was that the judge had the authority, if she wished to exercise it. It is clear to me that the judge will hear all cases, but, for instance, if there are thousands of cases coming in, one has to make a provision for the judge to take a selection and to say that she can make conclusions in respect of what she has heard. The judge is very clear that she wants to hear all the people who come forward. That was the only issue. The idea of a random selection came from the legal representative of the Women of Honour in the first instance and we thought it was a good idea because it was trying to broaden out some aspects of the terms of reference.
Speaking of the Women of Honour and all the other stakeholders in this, we depend on our Defence Forces. The Tánaiste is so proud of them, as we all are, and we all want this tribunal of inquiry to work. It must work because it is an important tribunal and it has been long-awaited. The Tánaiste knows as well as anybody that if one makes a complaint in the Defence Forces, and this was reiterated earlier this afternoon in the audiovisual room, that it essentially puts an end to one's career, removes any kind of peace of mind in the workplace, and puts a target on one's back. It is all well and good saying that it is up to the judge to decide on complaints and on instances of abuse but the Woman of Honour were very specific with the Tánaiste when they met him before Christmas that they very much wanted to have instances of abuse rather than complaints of abuse in the terms of reference. I know that we will be discussing this tomorrow also and we have amendments which will be brought forward but I very much think the Tánaiste should look very favourably at our amendments tomorrow.
The Women of Honour made very significant submissions in respect of this and during the various meetings we had. I believe we have had eight or nine meetings. In December we agreed to include "psychological harm" in the definition of abuse and that the tribunal may permit evidence of abuse and the consequences of abuse to be heard. We reflected that in the terms of reference and these have now been included in the finalised terms of reference.
In determining the format, we agreed there would be a statutory public inquiry, which was a request of the Women of Honour. I can give the Deputy a list: the statutory inquiry will be by way of tribunal of inquiry with the addition of "physical torture, physical assault, [and] psychological harm" in the definition of abuse; the inclusion of the Protected Disclosures Acts 2014 and 2022 in the definition of complaint processes; the investigation of whether complaints were actively deterred; whether there was a culture which discouraged the making of complaints; provision for safeguards for serving members who gave evidence to the tribunal; provision for the waiver of non-disclosure agreements; the tribunal may permit evidence of abuse and the consequences of abuse to be heard; provision for investigation of the response to complaints regarding the use of hazardous chemicals within the Air Corps headquarters in Baldonnel; and consider the adequacy of the complaints processes in light of what responses were received. These are all the provisions the Women of Honour sought and amendments which are in the terms of reference and were agreed. There are other areas on the suicide issue and the medical board, which will be decided by separate approaches.
