Background
In July 2023, the Government approved the establishment of a Tribunal of Inquiry to investigate the effectiveness of the complaints processes within the Defence Forces, following a series of revelations surrounding allegations of discrimination, harassment, and misconduct. This Tribunal was established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, with its Terms of Reference ratified by the Dáil and Seanad in January 2024.
The Defence Forces Tribunal, chaired by a Sole Member: Ms. Justice Ann Power, has been tasked with conducting an inquiry into complaints of abuse and the systemic failings of the complaints processes currently in existence within the Defence Forces. The Tribunal’s mandate stems from recommendations made by the Independent Review Group (IRG), which was established to examine workplace issues relating to harassment and discrimination within the Defence Forces. The IRG’s report, published in March 2023, (available here) called for a formal inquiry into the handling of such complaints. The Tribunal’s first public sitting was held on 24 June 2024, marking the beginning of an extensive investigation into the complaints processes and culture within the Defence Forces. More information on the Tribunal can be accessed here.
Terms of reference
The Tribunal is examining a broad range of issues as outlined in its Terms of Reference, including:
- The adequacy of the complaints processes within the Defence Forces regarding Complaints of Abuse;
- Whether those processes were adhered to in relation to complaints made by Defence Forces personnel;
- The response and outcome of these complaints and the identification of any systemic failures;
- The investigation of whether a culture existed within the Defence Forces that deterred individuals from making complaints;
- Whether those who made complaints faced reprisals or intimidation;
- The role and performance of the Department of Defence in addressing these complaints; and
- The adequacy of the response to Complaints of Hazardous Chemicals in the Air Corps.
These issues are being scrutinised to assess whether the current and historic systems are fit for purpose and whether changes need to be made to protect personnel and ensure accountability.
Call for further information and statements
The Tribunal has extended the deadline to make submissions to the 16 December 2024. This means that it is imperative that we get any submissions in before close of business on that date. The Tribunal has called for individuals who possess knowledge, information, or material relevant to its Terms of Reference to come forward and provide comprehensive statements. These submissions are crucial, as they will aid the Tribunal in building a clear understanding of how complaints were handled within the Defence Forces, particularly regarding allegations of abuse, systemic failings, and retaliation against complainants. Statements received during the Tribunal’s investigative stage have been treated as confidential, though public hearings may follow where necessary, subject to the Tribunal’s discretion.
Ruling on representation
The Tribunal has ruled on applications for representation made by various representative bodies, including the Defence Forces, the Minister for Defence, and several interest groups such as PDFORRA, Women of Honour, Lariam Justice Group and the Air Corps Chemical Abuse Survivors. While limited representation was granted to many of these groups during the investigative stage, decisions regarding representation at the public hearings stage have been deferred. The Tribunal has emphasised that should further public hearings be necessary, parties granted limited representation during the investigative stage will have an opportunity to apply for full representation during the hearings. What is also clear is that individuals who fit the terms of reference and who are allowed to submit will also be allowed to apply for legal representation at an appropriate time.
Future Submissions
The deadline for submissions to the Defence Forces Tribunal has been extended until 16 December 2024. At Coleman Legal LLP, we understand the importance of having your voice heard, and we are here to assist you in making a comprehensive and detailed submission.
If you are a serving or former member of the Defence Forces, or if you believe you have relevant information related to the issues under investigation, we encourage you to reach out. Our team is prepared to provide you with the legal guidance and support needed to ensure your experiences are effectively presented within the extended timeline.
What you can do
If you have knowledge or information relevant to the Defence Forces Tribunal, we invite you to consider taking the following steps:
1. Prepare Your Statement
Gather any evidence or documentation related to your experience within the Defence Forces. Ensure your statement is as detailed as possible, considering the Tribunal’s focus on complaints processes, retaliation, and systemic failures.
2. Register your interest via the online portal below
Working with experienced solicitors can help ensure that your statement addresses the necessary aspects of the Tribunal and aligns with the Tribunal’s Terms of Reference. Register your details below, and we will have one of our Defence Forces Tribunal Team contact you to assist.
