Oireachtas Joint and Select Committees

Tuesday, 27 February 2024

Joint Oireachtas Committee on Foreign Affairs and Trade, and Defence

General Scheme of the Defence (Amendment) Bill 2023: Discussion (Resumed)

Photo of Cathal BerryCathal Berry (Kildare South, Independent) | Oireachtas source

I find this very positive and useful. I thank the witnesses for their input, which is great to get.

We have had external oversight of the Defence Forces before. There was an independent monitoring group that was inexplicably and unilaterally wound down about five years ago. It is a pity that happened. We probably would not be where we are now were that still in situ. Both representative associations, namely, PDFORRA and RACO, were an integral part of that process and were very effective. If the witnesses are visiting various barracks, I ask that they ensure that the reps from PDFORRA and RACO at local level are invited in, because they are the spokespersons. Much of the time, because of the way things are done, the representative associations are more vocal and people are more comfortable allowing them to speak on their behalf. I ask the witnesses to bear that in mind.

Doubling down on what the Chair said about freedom of speech, Professor MacCraith is a university professor and president. He knows the true value of freedom of speech. There have been a number of improvements in the Defence Forces in the past four years. These were chiefly the result of the representative associations coming here and airing their legitimate grievances. Solutions were found in the meantime.

I am also very concerned about the guiding clause. It is like a vow of silence to an enclosed order of nuns, basically. That is my interpretation. It has no place in primary legislation whatsoever. One could argue in some universities and workplaces there might be a code of conduct, which is way down the legal hierarchy. I will not say it is abusive process but it is approaching abusive process even to consider putting it primary legislation.

Regarding the Ombudsman for the Defence Forces, people should be aware that it is odf.ie and there is a portal there one can click on if one wishes to make a complaint. I raise the point that I presume the Defence Forces did not want to strain that operational space. The ombudsman is independent in their function. They do not want to be advertising the independent function of the ombudsman for fear of being accused of straying out of their lane. That would be one reason. Second, surely the ombudsman’s office is responsible for communicating to people as well. I am conscious to not lay the blame exclusively on the uniformed services at every opportunity. I am not saying that was done rather I am just raising that.

There is a perception that every complaint the Defence Forces receives relates to unacceptable behaviour, but my understanding is that 8% do. Obviously, all unacceptable behaviour is unacceptable. Some 92% of complaints have to do with lack of overseas, lack of promotion and lack of career course. That is an important message to get out there.

On the gender balance issue, 7% members of the Defence Forces are female. That is not good enough at all. It would not be unusual by international comparisons. I am trying to bring in some balance and relativity. Ms Sinnamon is a director of Cairn Homes. The gender balance of the Defence Forces is probably superior to that of a building site, for instance. Having worked in healthcare-----

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