Vol. 438 No. 6
5 Proinsias De Rossa asked the Minister for Defence if he has yet received the report he requested from the Defence Forces regarding inter-personal relationships; the terms of reference of the report; if it is intended to publish the report; the plans, if any, he has to amend the Defence Forces regulations in view of the report; and if he will make a statement on the matter.
In mid-1993 the military authorities established a study group to examine and make recommendations in regard to inter-personal relationships, taking into account the requirements of military life. I understand that the study group is expected to submit its report shortly.
Will the Minister indicate how the Defence Forces deal with the question of inter-personal relationships in the absence of a report from this group?
One of the first subjects I addressed in my new portfolio as Minister for Defence related to this area. This is a very sensitive area in military terms. It was suggested that maybe the answer to the problem was a code of conduct. Such a code of conduct is currently being prepared.
It is very important to remind the House that men and women joining the Army are not requested to give details of their sexual orientation. Regardless of whether one is of a homosexual or a heterosexual orientation, one would want to behave in a normal manner during the course of one's service. It would not be good for military discipline if individuals engaged in inter-personal relationships during Army time. This is entirely a matter for themselves outside Army time.
What criteria do the Army authorities apply in regard to what they would regard as a breach of Army discipline which arises from inter-personal relationships?
I thought the Deputy would have known the answer to that question, but I have no problem about answering it. It must be recognised that overt homosexual and heterosexual activity within a military unit or installation would have a seriously detrimental effect on discipline, morale and cohesion within the Defence Forces and could be regarded as an act prejudicial to good order and discipline and, therefore, an offence under military law. I think the same criteria would apply to Dáil Éireann. I think the Deputy will agree that if a person in Dáil Éireann went about the place expressing his or her sexual orientation with someone of a similar disposition discipline would break down and it would be unacceptable. Therefore, the criteria which apply in Leinster House would apply to the Defence Forces.
I suggest to the Minister that no Deputy can be court-martialled, for the kind of activity to which he referred.
I have no doubt that the Whips would have a say in the matter.
Does the Minister's reply indicate that a breach of what would be regarded as discipline in such a situation would result in a court-martial? Have any court-martials relating to matters of that kind taken place recently?
With regard to the second part of the question, to the best of my knowledge the answer is no. With regard to the first part of the question, the answer is that it would depend on the circumstances in each case. I cannot anticipate what the sexual behaviour or otherwise of an individual or individuals would be, but I imagine it would be measured against what is perceived to be the heinousness of the act and the location, nature and type of the act. I think an action has been taken in one case. I did not mean to mislead the House in regard to an allegation, but it would be inappropriate for me to comment on it. I might have misled the House in that regard.
In view of the fact that the case is ongoing, I have no wish to comment on it. However, I put it to the Minister that it would be best if incidents of this kind were dealt with openly as they would be in a civil court in order to avoid the imputation that wrong is being done to the person concerned.
Let us have regard to matters that are allegedly sub judice.
I am not referring to that case.
It is inappropriate for me to comment but I would be pleased to reply to the question on another occasion if the Deputy wishes to table one.
