Dáil Éireann Debate, Tuesday - 28 June 2022
577. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which incidents of sexual abuse in the Defence Forces have been fully investigated and appropriate action taken; and if he will make a statement on the matter. [34446/22]
Amharc ar fhreagraI am fully committed to ensuring that every member of the Defence Forces has the right to undertake their duties in a safe environment underpinned by dignity and equality and by a culture of zero-tolerance for any kind of bullying, discrimination, harassment or sexual abuse.
As I have previously advised, the work of the Judge-led Independent Review Group (IRG), established on 25 January last, to examine issues relating to bullying, harassment, discrimination and sexual misconduct, as well as workplace culture, in the Defence Forces, is well underway.
In accordance with the Terms of Reference the Group will:
- Advise me 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 and thirdly;
- Will 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.
Over the last twenty years since the 2002 publication of the External Advisory Group on the Defence Forces and the three subsequent reports from the Independent Monitoring Group (IMG), a number of reforms have been implemented for addressing allegations of inappropriate behaviour, including harassment, sexual harassment and bullying, which are contained in policy documents and in Defence Force Regulation.
Defence Force Regulation A7, provides the regulatory framework for dealing with any allegations of inappropriate behaviour in the workplace for serving members, in both a formal and informal way through a trained Designated Contact Person (DCP) network.
Within this framework, Administrative Instruction A7, Chapter 1 sets out the Defence Forces policy and procedures regarding interpersonal relationships in the Defence Forces including bullying and harassment, in order to deter unacceptable behaviour and promote a service environment based on mutual respect, equality and professionalism. Chapter 2 of Administrative Instruction A7 provides another formal mechanism for members, 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 investigation and recommendation if appropriate. The Ombudsman, as the Deputy is aware, 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.
The Defence Forces Diversity and Inclusion Strategy Statement and Action Plan additionally aims to ensure that a transparent culture exists, that encourages personnel to report inappropriate behaviour, discrimination, bullying, harassment and sexual harassment.
Despite the reforms that have taken place in recent years however, it is clear from the experiences shared by both current and former members of the Defence Forces that the culture that is pervading, and the application of these policies, systems and procedures for dealing with unacceptable behaviour have not, and are not, serving all Defence Forces personnel well.
This Independent Review is therefore a necessary and critical step to fulfill my duty of care obligation to the men and women of the Defence Forces, to provide a safe work environment. The serving members of the Defence Forces, expect nothing less.
