Defence Forces Tribunal to hear complaints of intimidation and retaliation from October

Irish Army Defence Forces generic image from Flickr used with permission Soldier taking aim

The second round of public Defence Forces Tribunal hearings is due to begin at the end of October.

In a statement on its website, tribunal officials said the second module of hearings will focus on terms of reference one to five, which relate to the complaints processes in the Defence Forces.

They specifically cover whether the complaints process is fit for purpose and the identification of systemic failures in the process.

The module will also examine the extent to which complaints were “actively deterred and whether there was a culture that discouraged the making of complaints of abuse”.

The module will hear testimony from those who allege they suffered “intimidation, retaliation or reprisals” for raising complaints of abuse.

Other terms of reference

Yet to be dealt with are terms of reference six and seven.

Term six concerns how the Minister for Defence handled complaints of abuse, while term seven examines how the complaints process dealt with allegations around the exposure of Air Corps personnel to toxic chemicals.

In the brief statement, the tribunal said proceedings will begin on October 28 with an opening statement by senior counsel to the tribunal.

“This will be followed by the testimony of witnesses, the running order of which will be published on the Tribunal’s website in advance of the commencement of hearings,” the statement concluded.

The tribunal is a three-year inquiry into how complaints were handled in the Defence Forces from 1983 until 2024.

Its establishment in June 2024 was a recommendation of the Independent Review Group (IRG) Defence Forces Report, which detailed allegations including the rape of both male and female soldiers.

Those abused include the Women of Honour, a group of serving and former members whose allegations featured in an RTÉ documentary by reporter Katie Hannon in 2021, which prompted the review that led to the tribunal.

They also include members of the Army Apprentice School in Devoy Barracks, Naas, Co Kildare, and Air Corps personnel exposed to toxic chemicals without being provided with adequate PPE.

It is still not clear if the Women of Honour will attend this forthcoming public hearing.

As the Irish Examiner reported last month, the group is unlikely to take part because of ongoing delays in High Court proceedings between them and the Department of Defence.

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 women, whose legal team is due in the High Court next month, are seeking leave to bring a judicial review of the department’s decision not to fund anybody else’s ongoing legal fees.

Legal costs and witness support

Meanwhile, tribunal chairperson Ms Justice Ann Power is due to make an announcement shortly on whether witnesses can have their legal costs for the first module paid before the tribunal finishes its work.

While legal costs are a major bone of contention, another issue that witnesses and potential witnesses are concerned about is the level of appropriate, one-to-one support available to witnesses who have given evidence of alleged rape, sexual assault or child abuse within the Defence Forces.

Another concern is whether those accused of criminal wrongdoing will face investigation.

A spokesperson for the department said there are adequate supports in place for all serving members of the Defence Forces and anybody who engages with the tribunal in any capacity.

Gardaí have not issued any invitation specifically asking people who believe they were a victim of a criminal act relating to the Defence Forces in Ireland to contact them.

The solicitor for the tribunal, John V Nolan, has also said the tribunal has “no role to play in the investigation of criminal offences”.