THE GOVERNMENT HAS cleared the way for a tribunal of inquiry into how allegations of abuse in the Irish Defence Forces were handled. 

The Tánaiste Micheál Martin, who is Minister for Defence, made the announcement this morning and said that a Judge will be appointed by the Autumn to lead it.

Terms of reference for a new oversight body has also been published. 

The confirmation of the tribunal comes after the publication of the Independent Review Group (IRG) which looked at alleged misconduct in the military and claims that complaints by serving and former members were mishandled. 

The IRG chaired by Ms Justice Bronagh O’Hanlon made a series of recommendations including an oversight body and removing management of complaints from military officers.

The report examined historical issues within the forces but also notes in its findings that there has been an increase in bullying and harassment in the Defence Forces in the last year.

The Independent Review Group was established by the Government in the wake of allegations of widespread sexual assault, bullying and harassment across the Irish military. 

This morning Tánaiste Micheál Martin said that work is underway on the terms of reference for the Tribunal of Inquiry.

He will seek Government approval for the terms of reference, along with the appointment of a Judge to chair the Tribunal, in the Autumn.

“I am very pleased to announce that Government has approved the establishment of a Tribunal of Inquiry, to investigate whether there have been serious systemic failures in the complaints system in the Defence Forces, in relation to a range of issues including sexual misconduct.

“Having engaged with a wide range of stakeholders, including the Women of Honour, I believe that an open, independent and transparent process is the best way to examine the issues raised,” he said. 

He also said that Government also approved the text of the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023, amending Defence Act 1954 in line with the IRG Report.

This amendment will ensure that An Garda Síochána will have sole responsibility to investigate alleged sexual offences committed by persons subject to military law. Any subsequent cases will be dealt with by the civil courts. 

The terms of reference of the External Oversight Body, which was created as per the recommendations of the IRG report, were also approved by Government this week.

“The establishment of the External Oversight Body, and now the publication of its Terms of Reference, is a further important step in the ongoing implementation of the recommendations of the IRG Report. The work of the Body is future focused and will be critical to driving the necessary culture change throughout the Defence Forces,” he added. 

A similar body, the Independent Monitoring Group, had previously examined how the military were handling complaints but this had not been continued.

Previous reporting by The Journal revealed how that was shelved by the Department of Defence despite pleas from military leadership. 

Cooperate

This morning The Chief of Staff of the Defence Forces, Lieutenant General Seán Clancy welcomed the announcement and said the Irish Defence Forces would fully cooperate with the inquiry. 

He said that his “first priority” was to introduce measures to change the culture of the Defence Forces.

“On joining Óglaigh na hÉireann, our members commit themselves to selflessly serve the State and its citizens. Our personnel are proud to serve in the Defence Forces and do their job to the highest standards at home and overseas.

“We are working tirelessly and making progress to ensure the Defence Forces is a workplace, where the pervading culture is underpinned by the principles of dignity, equality, mutual respect and duty of care.

“I am confident and determined that we can deliver the transformation required and build a better Defence Forces ready to meet the threats facing the State,” he said. 

There was also confirmation that cabinet agreed terms of reference for the non-statutory External Oversight Body.

This was one of the recommendations on the back of the IRG report.

This will be responsible for overseeing the implementation and operationalisation of cultural change.

The Chief of Staff said that he would be meeting with the chair of the body Professor Brian McCraith and would be working closely with the membership.

The statement said that in response to the IRG findings that the Defence Forces, and with input from the Department of Defence, are progressing the redesign of grievance procedures and HR policies.

Across the military they have commenced mandatory sexual ethics and respectful relationships workshops, unconscious bias training.

A key undertaking is that the Defence Forces now pass any alleged sexual offences to An Garda Síochána, in line with the relevant IRG recommendation.

Work will be needed at DOD level to progress an amendment of the Defence Act to facilitate smoother involvement of the gardaí in the cases.

lieutenant Colonel Conor King, General Secretary of Representative Association of Commissioned Officers, welcomed the external oversight body in a statement but criticised the fact that his association were excluded. 

“Worryingly DF representation (along with DF leadership) has been completely excluded from its membership, which is completely at variance with the design and intent of the previous Independent Monitoring Group Oversight Body, discontinued unilaterally by the Department of Defence in 2018,” he said. 

King said that it was “strange” for DOD to be represented on the body as “it was the actions of DOD that removed oversight from the Defence Organisation”.

“Both DF representative associations asked the Tánaiste in writing and in person to correct this particular ‘oversight’ and restore representation and employee voice to its former key role. Unfortunately these pleas were not heeded, which is concerning for crucial future buy in to the process,” he added.