THE WOMEN OF Honour group has warned that problems in the Defence Forces will “continue to linger and fester” for decades unless the terms of reference for an inquiry into abuses in the military are significantly broadened.

The support group for former and current female Defence Force members who allege they were abused within the military has published its own proposed terms of reference for the planned statutory probe into the claims.

The group met with Taoiseach Leo Varadkar and Tánaiste Micheál Martin this evening to present the terms of reference to them.

The group said the issues within the Defence Forces were much broader than allegations of sex assault and that the tribunal should examine other claims of abuse, including physical torture, discrimination and career obstruction.

The Government has committed to a full statutory inquiry into allegations of sexual misconduct, bullying and discrimination in the Defence Forces following the recommendations of a report by an independent review group (IRG).

However, Women of Honour has criticised the Government’s draft terms of reference, claiming they are too narrow, and has drawn up its own proposals in a submission to the Tánaiste.

Spokeswoman Diane Byrne, a retired army captain, said the group was open to compromise but there was a need for the terms of reference to be broadened from the current Government proposals.

Speaking before a meeting with the Taoiseach and Tánaiste, Byrne said: “To do this and to do this right, we need to have a terms of reference that are sufficiently broad to deal with all the issues and the ones that been put forward to us by Government just don’t do that, at this point.”

She called for an independent full public statutory investigation in the format of a tribunal of inquiry.

“There’s been far too much secrecy. That’s the commonality with all of the victims.

“We need something that has that full public transparency and clearness, so that there is no doubt and that there is complete faith in what’s happening here.”

Defence Forces ‘on its knees’

She said a statutory inquiry “behind closed doors” would continue the culture of secrecy.

Byrne said the group did not feel like it is being listened to.

At this point the Defence Forces is on its knees. There is a huge number of people leaving.

“The morale is very, very low. If they want to salvage and revise the Defence Forces without the toxicity, they need to look at every single problem that’s there and all of the abuses that have happened and fix them. If we only look at a small portion of it, this is never going to change.”

Speaking prior to the meeting, Martin said a decision on the nature of the statutory investigation has not been made.

“We’re not ruling anything out.”

He said the approach will be determined by whatever is in the best interests of victims and people who want to come forward.

Martin said it was important for the inquiry to be timely and have the widest possible participation.

“And that can enable people to come forward, but also then enable a cultural transformation within the Defence Forces,” he said.

However, Women of Honour believes the terms of reference drawn up by the Government “will only look at a very small part of the problems we have all experienced”.

It said the Department of Defence needs to be investigated by a tribunal of inquiry and has no place deciding on the terms of reference.

The group said the definition of abuse for the purposes of the tribunal should include emotional abuse; discrimination; nepotism/favouritism/career obstruction/passive aggression; bullying; harassment; gender-related conduct; physical torture; sexual harassment; sexual misconduct, including sexual assault, aggravated sexual assault and rape; physical assault; acts of indignity; acts of inequality; and intimidation.

Terms of reference

Its proposed terms of reference include an investigation on the extent of abuse with the Defence Forces and the knowledge of that within the Department of Defence.

It says the probe should examine whether allegations of abuse were inappropriately relied upon to reduce the standing of Defence Forces personnel within the military.

It proposes that the inquiry should explore whether senior officers subject to abuse allegations used their position to limit the promotion prospect of those making claims or whether disciplinary processes were used as a form of “retaliation” against alleged victims.

The proposed inquiry would also investigate any role the Garda, Department of Defence and Defence Force Ombudsman had in relation to investigating complaints of abuse.

The terms of reference also include examination of the response of various chiefs of staff, senior military personnel, the Department of Defence and ministers to the abuse complaints.

Also included in Women of Honour’s proposed inquiry would be an investigation into any breaches of health and safety within the Defence Forces, included air accidents and hazardous chemicals.

It would also investigate the extent of any potential miscategorisation of Defence Force personnel deaths, including where allegations of abuse may apply.

The terms further include investigating the potential use of the military medical assessment process as a “control mechanism” and “method of inappropriate control” relating to abuse allegations, and whether there were any breaches of confidentiality related to medical records.

The inquiry would also investigate any failure by the Defence Forces to appropriately address allegations of abuse made against members of the military by civilians.

The group said the tribunal should also be able to examine complaints of abuse related to incidents overseas.

The inquiry should also secure an undertaking from the Minister for Defence and the Chief of Staff of the Defence Forces that anyone coming forward to the tribunal will not be adversely affected by their participation.

Resolutions for victims recommended by the inquiry could include counselling, support and recompense, according to the proposed terms of reference.

‘Open and constructive’

It said the inquiry report should be published not more than two years after the establishment of the tribunal.

The Tánaiste is understood to have described this evening’s meeting as “open and constructive”. 

A Government spokesperson said both Varadkar and Martin “listened carefully to the concerns raised” by the Women of Honour and thanked the group for taking the time to meet with them.

They said that submissions from a number of stakeholders will be considered, in consultation with the Attorney General.

“In finalising the terms of reference for a statutory inquiry the Government wants to ensure that that it is timely and serves the best interests of survivors of abuse.

“And that, together with the implementation of the other recommendations in the Report, there is a fundamental transformation of culture within the Defence Forces.”