Dáil Éireann Debate, Tuesday - 9 April 2024
167. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Defence if it is the case that members of the Defence Forces cannot take cases to the WRC for the issue of being penalised for having made a protected disclosure about issues in the Defences Forces; if so, the reason this is the case; and if he will make a statement on the matter. [15277/24]
View answerI would like to thank the Deputy for his question; I am not at liberty to discuss or comment on any specific protected disclosure. However it may be useful to note that within the Protected Disclosures Act ‘worker’ and ‘employee’ are defined separately. An individual who is or was a member of the Permanent Defence Force is deemed to be a “worker”, therefore Defence Force members are not employees within the meaning of this Act.
Any Defence Forces member who alleges penalisation may and should, direct their complaints to the Ombudsman for the Defence Forces.
For your awareness Deputy, serving members of the Defence Forces are not employees as they do not have a contract of employment but rather are deemed to be persons holding office in the service of the State. This position is underpinned by Irish Case Law. Serving members are therefore precluded from bringing a complaint of penalisation to the WRC, under the terms of Section 12 of the Protected Disclosures Act.
