Women of Honour challenge restrictions on access to Defence Forces Tribunal evidence

Women of Honour members former army captain Diane Byrne, retired captain Yvonne O'Rourke and retired corporal Roslyn O'Callaghan.

The Women of Honour is to ask the Defence Forces Tribunal for access to the same files available to the Defence Forces and the Department of Defence.

Details of the information the group wants access to were delivered to the tribunal’s legal team at 5pm on Friday by its lawyers, Malcomson Law.

The matter is due to be addressed through oral submissions before Ms Justice Ann Power at the tribunal from 2pm on Tuesday.

A request for the issue to be dealt with was made before the end of the final public hearing session on Friday.

The Women of Honour will argue that, while it and other parties to the tribunal are restricted in the documents they can access, the Defence Forces and the Department of Defence have access to complainants’ information.

The group said it was concerned that the current restrictions “risk repeating the very difficulties around access to information and transparency that complainants have experienced for years”.

Spokesperson Diane Byrne said: “So far, legal teams for the department and the Defence Forces have been given, as far as we know, everything - or at least - almost everything - that the tribunal legal teams have.

“We don’t think that is fair.

“If their legal teams are able to have access to all this information to help them in their defence, why is this information not available to us to help us in our case?

“How can we identify and bring systemic failures to the Tribunal's attention if we're restricted from examining the evidence that might reveal them, and how can that be considered a level playing field?” 

She added: “The Tribunal is investigating systemic and institutional failures, using individual complaints to establish what was happening and how things were dealt with.

“So the connections between different people's experiences are hugely important.

“But under the current arrangements, the Tribunal decides what evidence is relevant to WoH."

Ms Byrne said that even where information had to be redacted, it was redacted for everyone, and that redactions should not be an issue.

Ms Byrne, who has begun attending tribunal hearings alongside other group members, including Roslyn O Callaghan, said: “At the end of the day, this is all about fairness and leveling the playing field.” 

Legal costs dispute 

Referring to judicial review proceedings due to be heard next month, she added: “We are already in the High Court trying to get our legal fees paid the same way that the department and the Defence Forces get theirs paid, which is on a continual basis.” 

The hearing will be the latest development in the Women of Honour group’s long-running campaign to secure ongoing State funding for its legal costs while participating in the tribunal.

The group is challenging a decision under which the legal teams representing the Defence Forces and the Department of Defence have their costs paid on a continual basis, while most other participants must wait until the tribunal concludes and funding decisions are made.

Limited legal aid is also available to those taking part in the public hearings.

The Women of Honour sought the judicial review in June, arguing that the arrangement is unfair.

Similar concerns have been raised by other participants, including the Defence Forces Justice Alliance.