The Government has published terms of reference for a Tribunal of Inquiry into the effectiveness of complaints processes in the Defence Forces. Chaired by Ms Justice Ann Power, it will examine how complaints of discrimination, bullying, harassment, sexual harassment, sexual misconduct, and the use of hazard chemicals were dealt with by the Defence Forces since January 1983.
The decision follows a campaign by a group of former Defence Forces personnel, the Women of Honour, who revealed sexual attacks and other abuse in the military in a documentary on RTÉ in 2021. The then minister for defence Simon Coveney established an independent review group which reported last March. It heard accounts of rape and sexual assault and the subsequent mishandling of complaints. The group recommended a statutory inquiry, but it stopped short of a recommending a full tribunal .
The Women of Honour made it clear they would accept nothing less than a wide-ranging tribunal. The current Tánaiste and Minister for Defence, Micheál Martin and his officials have spent the the intervening period trying to find a middle ground. On the one hand there needs to be an inquiry that is sufficiently wide enough to establish what happened and satisfy the Women of Honour and other victims. On the other hand, there is a need to minimise the operational impact on the increasingly stretched Defence Forces. The outcome was a tribunal focused on the complaints processes over the last 40 years.
It remains to be seen whether the Tánaiste has successfully squared the circle. The initial response from the Women of Honour is mixed. They welcomed the tribunal but also expressed concern that it is weighted towards the complaints process which they see as merely part of a bigger problem of the abuse of power in the Defence Forces.
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The Government has has little interest in revisiting the terms of the reference. If other tribunals are any guide, a lot will now hinge on how the chair interprets the terms of reference.