Press release
Tánaiste progresses recommendations in the Independent Review Group Report
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Last updated on
The Tánaiste and Minister for Defence, Micheál Martin, today (12 July 2023) announced several significant actions to progress the recommendations made in the report of the Independent Review Group (IRG) on dignity and equality issues in the Defence Forces.
Government this week approved the important measures, including the establishment of a Tribunal of Inquiry to examine the effectiveness of the complaints processes in the Defence Forces and to address workplace issues relating to discrimination, bullying, harassment, sexual harassment and sexual misconduct.
Work is currently underway on the terms of reference for the Tribunal of Inquiry, with the Tánaiste currently considering feedback from a number of stakeholders. He will seek government approval for the terms of reference, along with the appointment of a Judge to chair the Tribunal, in the Autumn.
The Tánaiste said:
“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.”
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. The amendments will ensure that An Garda Síochána will have sole jurisdiction within the State 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 Tánaiste concluded:
“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.”
These important measures demonstrate Government’s commitment to transforming the culture within the Defence Forces and to ensuring it is a safe and positive place to work for all members.
In January 2022, the government approved the establishment of a judge-led Independent Review to examine dignity and equality issues in the Defence Forces. The report of the Independent Review Group (IRG) was published following government approval on 28 March 2023. The IRG report contained a number of recommendations, including:
Note: [Part 4 of the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 amends sections 169 and 192 of the Defence Act 1954, in line with a recommendation made by the IRG. Following the enactment of this Bill, An Garda Síochána will have sole jurisdiction within the State to investigate alleged sexual offence committed by persons subject to military law. Any subsequent cases will be dealt with by the civil courts. The Military Police will retain jurisdiction to investigate offences committed while a person subject to military law is despatched for service overseas. This is necessary as An Garda Síochána do not have jurisdiction to deal with such matters outside the State.
*setting up an External Oversight Body to increase transparency and accountability and to drive necessary culture change throughout the Defence Forces.
The External Oversight Body is now established and its seven members composition is in line with that recommended by the IRG and are: