Robert Troy (Longford-Westmeath, Fianna Fail)
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64. To ask the Taoiseach and Minister for Defence the disciplinary procedures that are in place for serving members of the Defence Forces who are charged with and convicted of criminal offences; and if he will make a statement on the matter. [28124/24]

Thomas Gould (Cork North Central, Sinn Fein)
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65. To ask the Taoiseach and Minister for Defence if he has been made aware of any serving Defence Force members with convictions for sexual, gender or domestic-based violence. [28189/24]

Aindrias Moynihan (Cork North West, Fianna Fail)
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71. To ask the Taoiseach and Minister for Defence the processes in place within the Defence Forces for members convicted under the civilian criminal justice system for gender-based offences; and if he will make a statement on the matter. [28185/24]

Paul Murphy (Dublin South West, RISE)
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90. To ask the Taoiseach and Minister for Defence the steps he is taking to ensure no one who has admitted or has been convicted of gender-based violence is employed in the Defence Forces; and if he will make a statement on the matter. [28187/24]

Aindrias Moynihan (Cork North West, Fianna Fail)
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Will the Tánaiste outline the processes in place in circumstances where members of the Defence Forces are convicted under civil law for gender-based offences? What kinds of sanctions will they face?

Micheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 64, 65, 71 and 90 together.

I thank the Deputies for their questions. As they are aware, the Defence Forces is a disciplined service with an extensive suite of regulations that govern all aspects of military life. The regulations have been used effectively to discharge personnel in cases where such personnel have received a conviction. Subject to the provisions of DFR A.10, paragraph 58(m), an enlisted person of the Permanent Defence Force may be discharged as a result of conviction by the civil power. This regulation refers to all convictions by a civil court of law. In a similar vein, there are provisions in the Defence Act and DFR A.15 to dismiss or retire an officer in these circumstances.

While there is no specific mechanism for suspension in the Defence Forces regulations, the Defence Forces have in the past used and continue to use other mechanisms including specific local leave arrangements which reflect the aim of suspension. Local leave is provided for in DFR A.11. It is essential that this provision is applied uniformly across the organisation. To that end, as already stated, with immediate effect, any serving member who has been convicted of sexual assault or rape and is awaiting discharge or trial is to be placed on local leave on a without-prejudice basis. This approach is in line with existing regulations.

I have appointed Peter Ward senior counsel to undertake a high-level analysis of the application of military law in circumstances where personnel have been convicted of serious offences in the civil courts. Mr. Ward will be asked to come back with an outcome of this high-level analysis along with any recommendations and any enhanced powers that may be necessary to improve processes, regulations, legislation and reporting arrangements. The terms of reference are almost finalised.

Aindrias Moynihan (Cork North West, Fianna Fail)
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I thank the Tánaiste. I want to focus on people who have convictions and who still appear to be serving in the military. Is there an indication of how many such people are involved? Did they have their convictions before they came into the military? Did the military hire convicted people or are they individuals who were convicted while serving? It is very important that due process would be afforded to people. It is very important that a conviction does not happen overnight and that there is a process involved. When a decision eventually arrives and somebody is convicted, the goalposts are moved. I want to make sure that when that time comes, the military authorities move on it and deal with the situation. If somebody is already convicted but the DPP is appealing, for example, the severity of a conviction, does that defer the option of a court martial?

Micheál Martin (Cork South Central, Fianna Fail)
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I immediately asked for report on the situation after the court sentence was announced in the case of the appalling attack by Crotty on Natasha O'Brien. As the matter is under appeal, I cannot comment any further on it other than to say that I have received a report from the Chief of Staff identifying 68 cases where there have been some convictions, where some are still before the courts and where some are under appeal. I also asked for a separate report on the situation in the Naval Service in respect of one individual. There is a process under way in respect of that individual internally within the Defence Forces. Again, I have been warned by the Attorney General that I cannot comment until that process concludes. Based on both reports, I think it is fair to say that there was a lack of proactive management in some cases in terms of the how the regulations enable the military authorities to progress a discharge. The regulations allow for discharge.

Enlisted personnel in the Defence Forces can be discharged for any one of the 26 reasons identified in Defence Forces regulation, DFR A10. There have been gaps in some of the cases, and that is not satisfactory.

Aindrias Moynihan (Cork North West, Fianna Fail)
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I thank the Minister for his clarification on the 68 who are continuing to serve despite-----

Micheál Martin (Cork South Central, Fianna Fail)
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Some are not.

Aindrias Moynihan (Cork North West, Fianna Fail)
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Some of them are-----

Micheál Martin (Cork South Central, Fianna Fail)
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Discharged.

Aindrias Moynihan (Cork North West, Fianna Fail)
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-----discharged at this point.

Micheál Martin (Cork South Central, Fianna Fail)
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The ones on sexual assault are on leave locally so they are not in service.

Aindrias Moynihan (Cork North West, Fianna Fail)
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They are not all in service. Is there an indication of how many people have been completely discharged and removed from the military as a result of different convictions, and what kinds of convictions they were removed for? Was it gender based? What kinds of thresholds were there? Were they discharged for particular offences or is there any information on the types of sentences? The Minister may not have it to hand, but perhaps he might give an indication afterwards of the kinds of thresholds for people to eventually be discharged. How quickly was that brought about following their conviction?

Thomas Gould (Cork North Central, Sinn Fein)
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I have listened to the Tánaiste's comments about questions and I understand the point he is making that he is limited in what he can say because some of these cases are in front of the courts and others are probably being looked at by senior people in the Defence Forces. I understand he is in a particular situation in that regard. I also listened to his comments about trying to change the whole culture within the Defence Forces. It is a huge job of work. I have been a Member of the House more than four years and I remember the first time I met the people involved with the Women of Honour and how they fought and are still fighting for justice, fairness, transparency and the change of culture they believe needs to happen. We can disagree on politics and we have different opinions, but the Tánaiste has a huge job of work to change the whole culture in the Defence Forces.

Micheál Martin (Cork South Central, Fianna Fail)
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I again clarify for Deputy Moynihan that enlisted personnel can be discharged for any one of 26 reasons outlined and identified in Defence Forces regulations. Of the 68, somewhere in the mid-40s are still before the courts. We have to allow due process to take its course. I take a view, which I have made clear to the Chief of Staff, that where someone is guilty, particularly of a section 3 assault, which is a very serious offence - an attack on a woman or a male, or rape or sexual assault, there is no place for that. There cannot be a place for that within the Defence Forces. That is the bottom line. The regulations facilitate discharge but after the appeal process is concluded. In the context, I have asserted, certainly in terms of sexual assault and rape, that notwithstanding regulations, there are other mechanisms such as the regulation of local leave that should be deployed and used immediately in respect of sexual assault and rape. That is just for being charged, as happens in other areas in the public service.