Women of Honour want Defence Forces tribunal costs to be paid on a continual basis

Retired army captain Diane Byrne: 'It's a ridiculous situation that we are in at the moment, that we are having to argue for funding to be able to take part in a tribunal that we fought so hard for'. Picture: Damien Storan/PA

A High Court judge will this week hear a judicial review of an appeal by the Women of Honour for their Defence Forces tribunal legal costs to be paid on a continual basis.

The hearing will be the latest in the group’s long-running battle for the State to pay their legal costs on an ongoing basis, as it does for legal teams for the Defence Forces and the Department of Defence.

At present, the tribunal has granted limited legal representation to certain groups and individuals during the tribunal's private investigative phase.

Limited legal aid is also available for those who take part in the public hearings. 

However, while everyone has been told legal fees will be met, most will only get them if they meet certain conditions.

For example, fees will only be paid if the tribunal agrees that witnesses seeking the legal aid “had not, knowingly, given false or misleading information to the tribunal”.

So far, only the costs Defence Forces and the Department of Defence legal teams are being paid on a continual basis.

Unlike everybody else, they won’t have to wait until the tribunal has not only finished its work and produced its resulting report, or even made a decision on whether or not any of their witnesses lied.

The Women of Honour asked for a judicial review in June into the State’s decision to only pay the Defence Forces and Department of Defence costs on a continual basis. They, and groups like the Defence Forces Justice Alliance, say this is unfair.

They were only recently told that they have been granted leave to have the judicial review and that it will be heard over two days from tomorrow.

'Very disappointing'

Women of Honour spokesperson Diane Byrne said: “It is very disappointing that we are having to take this matter to the courts.

“It's a ridiculous situation that we are in at the moment that we are having to argue for funding to be able to take part in a tribunal that we fought so hard for.

“It seems so ironic that because of the funding issue, we still can't take part in something that we were so heavily involved in putting in place in the first place.

“This is because we do not have the ability to field a legal team on the same basis that the State can, and that is not right, and that is why we sought a judicial review.

“The time and attention of survivors of abuse should be going into preparing for and giving evidence to the tribunal itself rather than having to pursue court proceedings in order for them to participate.” 

Asked what would happen to Women of Honour involvement in the tribunal if the funding issue is not resolved, she said: “It's very, very difficult as it stands for us to take part with the way things are.

“We will obviously not be taking any decision lightly, and we will be considering all of our options.” 

Promises of support

In July, the Irish Examiner revealed the Defence Forces promised the Association of Retired Commissioned Officers that their members would receive legal support if they had to appear before the Defence Forces tribunal.

The assurance was given before any of the officers had even been notified by the tribunal legal team that they would be required to be witnesses.

The promise of support was made in October 2024 by then Chief of Staff, Lieutenant General Sean Clancy, in response to questions around what support would be available to former officers likely to be called as witnesses.

The officers are understood to have included a number also referenced anonymously in the Independent Review Group Report of 2023, which detailed allegations of brutal and “sadistic” abuse of soldiers and included allegations of the rape of both male and female soldiers.