Dáil Éireann Debate, Tuesday - 23 January 2024
68. Deputy Colm Burke asked the Tánaiste and Minister for Defence what progress has been made to date in respect of the establishment of an independent external complaints system for serving members in the Irish Defence Forces; and if he will make a statement on the matter. [2635/24]
View answerWith the publication of the IRG Report in March of last year, I have committed, in line with its recommendations, to introduce on an interim basis, an independent complaints system for its serving members while the process of transforming the existing systems gets underway.
My officials have undertaken extensive policy and legislative analysis to identify options for a system which will take the complaints process outside the immediate chain of command for the complainant.
Work has been ongoing to identify and assess all options with a particular focus on the unique status of Defence Force members where in addition to being subject to civil law they are also subject to military law, which has its own justice system.
Therefore it is not legally feasible to implement an external independent complaints system to address complaints of bullying, harassment and sexual harassment, as prescribed in the IRG Report which envisaged that such a process can be introduced by amendment to Administrative Instruction A7, Chapter 1.
Implementation of an external and independent complaint system, would require significant changes to primary legislation (The Defence Act). This is due to a number of factors, but primarily, that all conduct within the Defence Forces, including matters pertaining to military discipline, are enshrined in the Defence Act.
The Independent Review Group (IRG) recognised in its Report that the overhaul of the existing complaints system will involve legislative change and will take time.
My primary objective, therefore, is to provide Defence Force members’ with access to a robust interim professional complaints service that is fit for purpose and has the trust of those accessing it. The intention is that this process will remain available for as long as it takes to put a trusted internal system in place. With this in mind I am currently examining a range of options.
While I appreciate the urgency of putting a revised system in place it is imperative that any complaints system is viable from an operational and legal perspective.
