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Thursday, 10 Mar 2022

Written Answers Nos. 245-255

Departmental Consultations

Ceisteanna (245)

Carol Nolan

Ceist:

245. Deputy Carol Nolan asked the Minister for Defence the number of external consultant's reports commissioned by his Department in each of the years 2019 to 2021 and to date in 2022; the cost of same; the company involved; the title and publication date of the report in tabular form; and if he will make a statement on the matter. [13557/22]

Amharc ar fhreagra

Freagraí scríofa

The detailed information sought by the Deputy is not readily available, but my Department is retrieving and collating the information requested. I will arrange to have it forwarded to the Deputy as soon as it is available.

Ukrainian War

Ceisteanna (246)

Carol Nolan

Ceist:

246. Deputy Carol Nolan asked the Minister for Defence the response of his Department to the Ukrainian war crisis; and if he will make a statement on the matter. [13719/22]

Amharc ar fhreagra

Freagraí scríofa

I want to make it very clear that my Department and the Defence Forces will play their part in the forthcoming national effort in assisting the people of Ukraine in their hour of need.

My Department is fully engaged in ongoing cross-Government considerations of how best we can respond, whether in the form of providing accommodation for displaced Ukrainian nationals arriving in Ireland or otherwise. We stand ready to assist in any way possible, including in the provision of logistical support by the Defence Forces to other Departments and/or State agencies.

While my Department has significant land holdings throughout the country, current levels of occupancy of Defence properties is generally well utilised.  That being said, I am sure that there is no reason why some of our land bank could not be used, for example for the provision of modular buildings. My Department is currently exploring the capacity available within the land portfolio and will engage with the Department of Children, Equality, Disability, Integration and Youth in relation to this matter. 

As the Deputy will be aware, Ireland is contributing to the European Peace Facility Assistance Measures  which were agreed recently. Ireland's contribution of approximately €10 million,  which will be provided by the Department of Foreign Affairs, will go exclusively towards the provision of non-lethal equipment.  The provision of this funding will allow the EU to quickly respond to the Ukrainian request and responds to a specific ask from the Ukrainian authorities.

We are continuing to provide strong political and practical support for Ukraine and my officials in both the Department of Defence and the Department of Foreign Affairs continue to engage in all discussions on the matter as required.

Defence Forces

Ceisteanna (247, 248, 249)

Bernard Durkan

Ceist:

247. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which the authorities have investigated allegations of sexual misconduct in the armed forces; the action taken or pending; and if he will make a statement on the matter. [13757/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

248. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which misconduct of a physical or sexual nature in the armed forces is being investigated to date; the action taken or proposed; and if he will make a statement on the matter. [13758/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

249. Deputy Bernard J. Durkan asked the Minister for Defence the number of allegations of physical or sexual misconduct or bullying in the Army, Naval Service and Air Corps that have been investigated and authenticated; the extent of action taken arising therefrom; and if he will make a statement on the matter. [13759/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 247, 248 and 249 together.

All members of the Defence Forces, have the right to be treated with respect, equality and dignity and to carry out their duties free from any form of sexual harassment, harassment or bullying. Where there are allegations of offences having been committed, investigations are initiated by the appropriate authorities.

The Defence Forces policies and procedures regarding interpersonal relationships and unacceptable behaviour are outlined in Defence Forces Administrative Instruction A7. Complaints of unacceptable or inappropriate behaviour are dealt with by the military chain of command either through the legal/disciplinary process or by administrative action.

Administrative instruction A7, Chapter 1, 'Interpersonal Relationships in the Defence Forces" is the Defence Forces' policy document which deals with sexual harassment, harassment and bullying. I am advised by the military authorities that these complaints are dealt with at different levels, either by way of an informal approach or formal process. Specially trained Designated Contact Persons (DCPs) are available to assist complainants. The formal procedure requires that a complaint is made in writing.

Chapter 2 of Administrative Instruction A7 provides another formal mechanism for individuals, under Section 114 (1) and 114 (2) of the Defence Act, 1954, to seek redress of wrongs or to make a complaint. Complaints may be submitted orally or in writing to the complainants Commanding Officer, or in the case where they feel themselves wronged by their Commanding Officer, may complain to the Chief of Staff. Notifications are sent to my office and the office of Ombudsman for the Defence Forces formally when any Chapter 2 complaint is submitted and of its subsequent outcome.

Under this mechanism there exists further recourse for the complaint to be referred to the Ombudsman for the Defence Forces for review and recommendation if appropriate. As the Deputy will be aware, the Ombudsman is entirely independent in carrying out his functions in line with the provisions of the Ombudsman for the Defence Forces Act, 2004, and his final report, which may include a recommendation on each complaint, is submitted to me for determination.

I am further advised that in the event that a complaint of a criminal nature is reported, the standard procedure is that the matter is investigated immediately by the Military Police. Where allegations of serious criminal incidents among serving members are brought to the attention of the Military Police, they are traditionally passed to An Garda Síochána for their consideration and investigation who have the lawful authority, skills and resources to investigate such matters.

As the Deputy will be aware, the Chief of Staff, is tasked with the maintenance of good order and discipline within the Defence Forces and he provides me with a report on the number of complaints of inappropriate behaviour made under Defence Forces Administrative Instruction A7 Chapter 1 on a quarterly basis. The table below details the number of reported cases of alleged inappropriate behaviour in the Defence Forces in the past six years.

DFR A7 Chapter 1

2016

08

2017

13

2018

07

2019

09

2020

08

2021

05

Total

50

As prescribed in Defence Forces Administrative Instruction A7 Chapter 2, the Defence Forces are required to notify both myself and the Ombudsman of any complaint made under Chapter 2 of this Instruction. The table below is a breakdown of the number of Notification of Complaints under Chapter 2, concerning unacceptable behaviour only, submitted from 2016 to 2021. It is important to note each notification of complaint may contain a number of separate complaints.

DFR A7 Chapter 2

2016

9

2017

2

2018

6

2019

11

2020

4

2021

20

Total

52

It is important to note that no direct correlation can be made between the Chapter 1 figures and the Chapter 2 figures as these are separate processes and can relate to different types of unacceptable behaviour, not all of which relate to sexual abuse, harassment or discrimination. Similarly, the matters complained of under a Chapter 1 complaint may also give rise to a Chapter 2 complaint and, therefore, there may be duplication across some of the cases in both given figures.

On foot of engagements both I and my officials have had in recent months, with a number of stakeholders, including both serving and former members, I have publicly acknowledged that the systems, policies and pervading culture in the Defence Forces, have not, and are not serving all Defence Forces personnel well.  

As the Deputy will be aware, the recently established Independent Review Group, under the Chair of retired High Court Judge, Bronagh O’Hanlon, is examining issues relating to bullying, harassment, discrimination and sexual misconduct in the Defence Forces as well as the workplace culture. 

The Independent Review Group will, in particular:

- Advise on whether the current legislative frameworks, policies, procedures and practices for addressing incidents of unacceptable behaviour in the workplace are effective. 

- Independently assess whether the pervading culture in the workplace is fully aligned with the principles of dignity, equality, mutual respect, and duty of care for every member of the Defence Forces.

- Provide recommendations and guidance on measures and strategies required to underpin a workplace based on dignity, equality, mutual respect, and duty of care for every member of the Defence Forces.

This Independent Review is seen as a critical and vital next step to ensure that serving members of the Defence Forces are able undertake their duties in a work place that is safe, and underpinned by core principles of dignity and equality and where there is zero tolerance of unacceptable behaviour. I have received an initial report from the Chair of the Review Group confirming that work within the agreed Terms of Reference is underway. As the Deputy will be aware, I have set an ambitious timetable for the Group and I have requested an interim report within 6 months with a final report within 12 months, which I intend to bring to Government.

Question No. 248 answered with Question No. 247.
Question No. 249 answered with Question No. 247.

Defence Forces

Ceisteanna (250)

Bernard Durkan

Ceist:

250. Deputy Bernard J. Durkan asked the Minister for Defence the reason that the strength of the military was allowed to decline given the numerous questions submitted over the past ten years, the reply to which was to the effect that the strength of the forces would be maintained at 9,500; and if he will make a statement on the matter. [13760/22]

Amharc ar fhreagra

Freagraí scríofa

The strength of the Permanent Defence Force, as at 31st January 2022, was 8,467 personnel.  I am very aware that there continues to be a shortfall between the current strength figures and those of the establishment and have previously acknowledged the ongoing challenges in relation to recruitment and retention in the Defence Forces.  I have also previously emphasised the Governments ongoing commitment to returning to the agreed strength.

It is for this reason, to counter these current staffing challenges and play a role in restoring and retaining capacity, that various initiatives are being implemented including,

- Commitment schemes in the Air Corps and Naval Service

- A special tax credit for seagoing Naval Service personnel

- A re-entry scheme for former personnel

- Ongoing recruitment, including direct entry competitions

- The ongoing review of the scope,  and terms and conditions, of direct entry competitions to improve intakes

- Significant progress on pay within the Defence Forces arising from the Public Service Pay Commission recommendations and increases from recent pay agreements

In addition, in light of the particular challenges faced by the Defence Sector, the Government tasked the Public Service Pay Commission (PSPC) to undertake a comprehensive review and analysis of underlying difficulties in recruitment and retention in the Defence Forces. The recommendations of this report were subsequently progressed through a series of specific projects. 

Furthermore, the work of the Commission on the Defence Forces included, inter alia, consideration of staffing and recruitment and retentions matters.  The commission’s report was published on 9 February 2022. The next stage in the process will involve careful consideration of the recommendations and in-depth discussion and inter-departmental consultation. Once all recommendations have been carefully considered and an approach discussed, I intend to bring a proposed response to the report’s recommendations and a high-level action plan to the government for consideration.

My focus remains on restoring all branches of the Defence Forces to their full capacity and in that context, as outlined above, there has been significant work undertaken to date. 

Defence Forces

Ceisteanna (251, 252, 258)

Bernard Durkan

Ceist:

251. Deputy Bernard J. Durkan asked the Minister for Defence the steps that have been taken in the Army, Naval Service and Air Corps to ensure that the forces are upgraded in line with their European counterparts; and if he will make a statement on the matter. [13761/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

252. Deputy Bernard J. Durkan asked the Minister for Defence the way and when it is proposed to upgrade the military hardware in the Army, Naval Service and Air Corps; and if he will make a statement on the matter. [13762/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

258. Deputy Bernard J. Durkan asked the Minister for Defence when it is expected that the Air Corps will be upgraded in line with international requirements and standards; and if he will make a statement on the matter. [13768/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 251, 252 and 258 together.

My priority as Minister for Defence is to ensure that the operational capability of the Army, Air Corps and Naval Service is maintained and developed. This is to enable the Defence Forces to carry out the roles assigned by Government, as set out in the White Paper on Defence.  Equipment priorities for the Army, Air Corps and Naval Service are being considered in the context of the lifetime of the White Paper on Defence as part of the capability development and Equipment Development Planning (EDP) process. Further additions to the Equipment Development Plan are currently under consideration.

The Department of Defence has received a capital allocation under the National Development Plan of €566m over the 2022-2025 timeframe. Within that capital allocation the Defence annual capital budget for 2022 is €141m. Over recent years the capital budget has also been augmented through the reallocation of pay savings.

There are a number of defensive equipment acquisition and upgrade projects for which there will be capital expenditure in the coming years. These include the midlife upgrade of the Army's fleet of 80 Mowag Piranha III armoured personnel carrier vehicles which is well underway as well as the completion of the delivery of an additional 30 Armoured Utility Vehicles. The Army's softskin fleet continues to be updated also with over 220 vehicles due for delivery in 2022.

 In relation to air-based capability, the programme for the supply of two C295 Maritime Patrol Aircraft is well underway with delivery of the aircraft expected in 2023. Alongside the recently acquired PC-12 aircraft some €276 million, including VAT, has been committed to the acquisition of all of these enhanced capabilities.

With regard to the Naval Service, the programme of works for the midlife reft and upgrade of the LÉ Róisín has been completed, while works have commenced on LÉ Niamh. The replacement of the flagship LÉ Eithne with a multi-role vessel, MRV, is an important element of the EDP. Marine Advisors have been appointed to support the procurement of the MRV. The replacement of other vessels is also under consideration.

An independent Commission on the Defence Forces was established in December 2020. The work of the Commission encompassed the consideration of appropriate military equipment capabilities, structures and staffing, and their report is currently being considered.

Question No. 252 answered with Question No. 251.
Question No. 253 answered with Question No. 35.

Defence Forces

Ceisteanna (254, 257, 263)

Bernard Durkan

Ceist:

254. Deputy Bernard J. Durkan asked the Minister for Defence if it is recognised that Ireland has a vulnerable coastline that requires constant supervision by the Naval Service and Air Corps; if efforts are being made to fully upgrade both forces in line with their obligations; and if he will make a statement on the matter. [13764/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

257. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which the capability of the Naval Service is under examination given the need to ensure its operational ability in the event of natural or other disasters; and if he will make a statement on the matter. [13767/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

263. Deputy Bernard J. Durkan asked the Minister for Defence if all aircraft under the control of the Air Corps are fully operational; the extent to which this applies to the rescue equipment and coastal surveillance equipment; and if he will make a statement on the matter. [13773/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 254, 257 and 263 together.

My priority as Minister for Defence is to ensure that the operational capability of the Defence Forces is maintained to the greatest extent possible to enable the Army, Air Corps and Naval Service to carry out their roles as assigned by Government.

The Air Corps operate a fleet of fixed and rotary wing aircraft which provide military support to the Army and Naval Service, together with support for non-military air services such as Garda Air Support, air ambulance, fisheries protection and the Ministerial Air Transport Service. In conjunction with this, the Naval Service has nine ships. Two ships, LÉ Orla and LÉ Eithne, are currently in operational reserve but can be called upon for surge operations in times of national emergency, as was the case when LÉ Eithne was deployed to Cork City in 2020 in support of Operation Fortitude and the national response to the Covid-19 pandemic. In addition one ship is in the process of a mid-life re-fit which is expected to last a total of 18 - 24 months.

At any one time the Naval Service can have a number of ships that are on active operations around the Irish EEZ whilst a number of others are undergoing routine resupply, maintenance and down time for ships companies. While the main day to day tasking of the Naval Service is to provide a fishery protection service in accordance with the State's obligations as a member of the European Union, it also carries out a number of other non-fishery related tasks in tandem with maritime surveillance, and as such any Naval Service patrol should be viewed as a multi-faceted activity. Naval Operations Command operate a rotating patrol schedule to maintain a constant presence in the Irish EEZ. This is supported by the Air Corps Maritime Patrol Squadron which carries out aerial surveillance of the Irish Exclusive Economic Zone (EEZ) using the two CASA CN 235 maritime patrol aircraft. These aircraft are equipped with state-of-the-art surveillance and communication equipment which offers aerial assistance to the Naval Service in patrolling the Irish EEZ.

The Air Corps and Naval Service provide assistance and support to maritime search and rescue missions on an as available basis, however, the lead agency for search and rescue (SAR) in Ireland's maritime SAR domain is the Irish Coast Guard.

Priorities for the Defence Forces are considered in the context of the White Paper on Defence as part of the capability development, infrastructure and equipment planning processes and are also now being considered in the context of the recently published Commission on the Defence Forces report.

The White Paper sets out an ambitious programme of capital investment in the Air Corps and Naval Service, which includes the mid-life refit and upgrade of the P50 class of vessels, and the replacement of the flagship LÉ Eithne with a multi-role vessel (MRV), along with the purchase of PC-12 aircraft and supply of two C295 Maritime Patrol Aircraft.

The Commission on the Defence Forces recently published their report on the 9th February 2022. The Commission have undertaken a significant body of work encompassing wide-ranging terms of reference. The report contains 69 main recommendations and together with sub recommendations, there are 130 recommendations. The Commission's terms of reference included the consideration of appropriate capabilities, structures and staffing for the Army, the Air Corps and the Naval Service.

It is anticipated that this process will take at least four to five months in order to bring a considered and comprehensive proposal back to Government to address the fundamental issues that the Commission have set out.

Naval Service

Ceisteanna (255)

Bernard Durkan

Ceist:

255. Deputy Bernard J. Durkan asked the Minister for Defence when all seagoing vessels of the Naval Service will be fully staffed and operational; and if he will make a statement on the matter. [13765/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Government has acknowledged the recruitment and retention issues being experienced by the Naval Service. The current shortfall is especially marked in specialist areas, where small numbers are more vulnerable to gaps. Without giving rise to any compromise on safety, the impact of these shortfalls has resulted in greater pressure on individual members and units. There has also been an impact on the operational availability of the Naval Service, and an impact on the overall number of operational ships, which is a situation that has to be managed carefully.

The Naval Service has nine ships. Two ships, LÉ Orla and LÉ Eithne, are currently in operational reserve but can be called upon for surge operations in times of national emergency, as was the case when LÉ Eithne was deployed to Cork City in 2020 in support of Operation Fortitude and the national response to the Covid-19 pandemic. LÉ Eithne acted as a forward logistics base and training platform in support of the HSE. Of the remaining seven ships, one is in the process of a mid-life re-fit which is expected to last 18 - 24 months. There are six ships currently available for operations at present.

At any one time the Naval Service can have a number of ships that are on active operations around the Irish EEZ whilst a number of others are undergoing routine resupply, maintenance and down time for ships companies. I am advised that the fleet is managed to ensure maximum availability to meet operational requirements. Therefore, notwithstanding some mechanical and staffing issues being experienced, the Naval Service continues to carry out the roles assigned by Government, including fishery protection and maritime security operations.

I welcomed the publication of the report of the Commission on the Defence Forces which was launched on the 9th February 2022. The Commission have undertaken a significant body of work encompassing wide-ranging terms of reference. The report contains 69 main recommendations and together with sub recommendations, there are 130 recommendations. There are a number of recommendations included in the report which provide for the upgrade of the Naval Service fleet and an increase in staffing levels within the Naval Service.

Clearly, there are matters that will require careful consideration and in some critical aspects inter-departmental discussion and agreement. This includes the level of resourcing that may be allocated to Defence and the governance framework that will be required to underpin any changes the Government approve on foot of the Commission's report. It is anticipated that this process will take at least four to five months in order to bring a considered and comprehensive proposal back to Government to address the fundamental issues that the Commission have set out.

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