Public Sector Equality and Human Rights Duty

Public Sector Equality and Human Rights Duty in the Department of Defence

Section 42 of the Irish Human Rights and Equality Commission Act 2014 imposes a legal obligation on public bodies to have regard to the need to eliminate discrimination, promote equality of opportunity and protect the human rights of those to whom they provide services and staff when carrying out their daily work. It puts equality and human rights in the mainstream of how public bodies execute their functions.

Given the nature of the Department’s role, it does not normally provide services directly to the general public. Nonetheless, the Public Sector Duty obligations impact on the Department’s functions in many ways.

Underpinning the approach to supporting its employees, the Department’s People Strategy has at its core a commitment to equality of opportunity. Department employees are supported in working in a safe, inclusive environment through a Dignity at Work policy and through a range of learning and development opportunities, including unconscious bias training and its wellbeing programme Live Well Work Well, together with other policies including a menopause policy, blended working policy and right to disconnect policy.

The Department of Defence continues to operate in a non-discriminatory environment in accordance with the Equality Acts and aims to ensure that the principles of employment equality are implemented in recruitment, promotion, training and work experience. The Department’s policy is that all personnel be accorded equality of opportunity and treatment and includes a commitment to the implementation of the Government target that one-third of posts in the grade of Assistant Principal are filled by women. In 2024, 55.6% of posts in the grades from Assistant Principal upwards were filled by women.

In compliance with Part 5 of the Disability Act 2005, the Department of Defence undertakes, where practicable, to promote and support the employment of people with disabilities. There are also additional supports available through the Civil Service Employee Assistance Service and the Department’s Disability Liaison Officer.

Under Section 2(1) of the Irish Human Rights and Equality Commission Act 2014, a public body is defined as "a Department of State (other than, in relation to the Department of Defence, the Defence Forces) for which a Minister of the Government is responsible". The Defence Forces, therefore, are not a public body for the purposes of the Act.

However, the Department of Defence plays a key role in the formulation of policy in relation to the Defence Forces, and in monitoring its implementation.

The approach to human rights and equality issues is being pursued through a number of programmes. In relation to equality, the Defence Forces’ Diversity and Inclusion strategy statement and action plan; the Defence Forces’ Equality policy; the Defence Forces’ Values in Action Programme and the Defence Forces’ Action Plan on Women, Peace and Security, all facilitate a focus on equality, diversity and inclusion within the Defence Forces. A significant body of work has been undertaken to revise the existing Defence Forces policy relating to maternity and other forms of protected leave. This has involved an extensive and lengthy cross-civilian and military branch engagement, and consultation with an external legal firm.

In January 2022 a Judge-led Independent Review Group was established to examine dignity and equality issues in the Defence Forces. The report of the IRG was published on 28 March 2023.

Government agreed to progress the report’s 13 recommendations. Amongst the priority actions to be implemented is the provision of an independent complaints system; the establishment of an External Oversight Body (EOB); and a cultural transformation programme; and providing a legislative basis for allegations of sexual assault to be directed to An Garda Síochána.