Dáil Éireann Debate, Tuesday - 14 February 2023
304. Deputy Sorca Clarke asked the Tánaiste and Minister for Defence the total number of complaints made against serving members of the Defence Forces, per rank, by other members in 2021 and 2022, in tabular form. [7094/23]
Amharc ar fhreagraAny complaint or allegation of unacceptable behaviour in the Defence Forces is subject to administrative investigative procedures. Unacceptable behaviour as outlined in Defence Forces Administrative Instruction A7 and includes, but is not limited to, allegations of sexual harassment, harassment, discrimination and/or bullying.
Administrative Instruction A7 Chapter 1 is the Defence Forces policy which deals with the conduct of Interpersonal Relationships within the military work environment and the procedures for making informal and formal complaints on alleged cases of unacceptable behaviour. I am advised by the military authorities that these complaints can be 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.
Administrative Instruction A7 Chapter 2 details the formal Redress of Wrongs process available to members of the Defence Forces.
The Chief of Staff of the Defence Forces has, since 2015 on direction of former Minister with responsibility for Defence, provided a report on the number of complaints of unacceptable behaviour made under Defence Forces Administrative Instruction A7 Chapter 1 to the Office of the Minister for Defence. These quarterly reports detail ongoing investigations into reported cases of alleged unacceptable behaviour in the Defence Forces.
The following table details the number of complaints made under Administrative Instruction A7, Chapter 1. Data for complaints managed under the informal process is not captured and is therefore not included.
|
Administrative Instruction A7 Chapter 1 |
|||
|
Year |
Enlisted |
Officer |
Sub-Total |
|
2021 |
3 |
2 |
5 |
|
2022 |
4 |
0 |
4 |
|
Total |
7 |
2 |
9 |
*Please note that the Rank information requested has not been included, as in some cases this could lead to the identification of an individual or individuals, and could constitute a breach of privacy.
As prescribed in Defence Forces Administrative Instruction A7 Chapter 2, the Defence Forces are required to notify the Minister for Defence 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. It is important to note each notification of complaint may contain a number of separate complaints.
|
Administrative Instruction A7 Chapter 2 |
|||
|
Year |
Enlisted |
Officer |
Sub-Total |
|
2021 |
79 |
32 |
111 |
|
2022 |
48 |
5 |
53 |
|
Total |
127 |
37 |
164 |
*Please note that the Rank information requested has not been included, as in some cases this could lead to the identification of an individual or individuals, and could constitute a breach of privacy.
It is important also 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 misconduct, 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.
I am further advised that in the event that a complaint of a potentially criminal nature is reported, the standard procedure is that the matter is investigated immediately by the Military Police. Where allegations of criminal incidents of a sexual nature among serving members are brought to the attention of the Military Police, they are passed to An Garda Síochána for their consideration and investigation, who have the lawful authority, skills and resources to investigate such matters. In the period in question a total of 7 complaints (3 in 2021 and 4 in 2022) relating to sexual assault or rape were reported to the Military Police.
The figures contained in both tables above relate to complaints made within the administrative processes set out in Administrative Instruction A7 Chapter 1 and 2. Accordingly, the figures mentioned here in relation to sexual assault and rape are not included as they would not be dealt with in these administrative processes, as it appropriate.
