Legal aid impasse likely to keep Women of Honour out of next Defence Forces Tribunal module

The Women of Honour group (left to right) Roslyn O'Callaghan, Yvonne O Rourke, Honor Murphy and Diane Byrne are challenging the decision to only fund the Minister for Defence and the Chief of Staff of the Defence Forces’ ongoing legal costs, and not those of victims of abuse. File picture: Damien Storan/PA

The Women of Honour group of veterans is unlikely to take part in the next public module of the Defence Forces Tribunal.

This is because of ongoing delays in High Court proceedings between the Department of Defence and the abuse survivors’ group.

They are challenging the department’s decision to only fund the Minister for Defence and the Chief of Staff of the Defence Forces’ ongoing legal costs, and not those of victims of abuse.

The two sides were in court last Thursday, but matters were adjourned after the department successfully applied for more time to respond to the Women of Honour.

The women are seeking leave to have a judicial review into the department’s decision not to fund anybody else’s ongoing legal fees.

Meanwhile, tribunal chairperson Ms Justice Ann Power is due to make an announcement shortly in relation to whether or not witnesses can have their legal costs for the first module paid before the tribunal finishes its work.

At present, the tribunal has made grants of limited legal representation to certain groups and individuals during the private investigative phase of the tribunal. Limited legal aid is also available for those who take part in the public hearings.

However, at present, none of this aid will be paid until the tribunal has finished its work and then only if the tribunal agrees witnesses seeking the legal aid “had not, knowingly, given false or misleading information to the tribunal”.

As a result of the legal aid impasse, the Women of Honour were not involved in the first public module. Unless legal issues are resolved, they look likely to now not be involved in the second public module.

Women of Honour spokesperson Diane Byrne told the Irish Examiner: “The department wants more time to review documents.

“How we proceed depends on several factors including the ongoing judicial review, the tribunal chair's determination on interim funding and any other relevant developments. We are considering all options but a question mark still remains over our ability to take part.

“Given that the tribunal was established following issues first raised publicly by Women of Honour, it seems deeply ironic that we, like other victims and survivors, continue to face uncertainty over our ability to participate.

“However, those under investigation in relation to the handling of complaints of abuse, deterrents against making complaints and the lack of appropriate action in dealing with issues — the Defence Forces and the Department of Defence — are fully resourced.” 

The department has said it sought an adjournment last Thursday because the Women of Honour’s legal team lodged “significant additional material” with the High Court but neither the minister nor the minister's legal representatives received this material in advance.

A spokesperson added: “The adjournment arose solely as a consequence of the late submission of material and was not the result of any action or inaction on the part of the minister or officials in the department."

The Women of Honour, however, dispute this, claiming: “The Department of Defence missed the set deadline by two weeks which resulted in a delay of the Women of Honour being in a position to respond.”