Recent measures introduced following report of the Independent Review Group ("IRG") into polices and procedures in the Defence Forces

The report of the IRG into the Defence Forces was published on the 28 March 2023. The IRG was established on 25 January 2022 to examine the effectiveness of polices and procedures in the Defence Forces for dealing with bullying, harassment and sexual misconduct.

Since publication a number of measures have been taken in response to the report's recommendations including:

Establishment of a Tribunal of Inquiry under the Tribunals of Inquiry (Evidence) Act 1921, as amended

On Tuesday 16 January the Government approved the terms of reference for a Tribunal of Inquiry to look at how the Defence Forces deals with complaints of discrimination, bullying, sexual harassment and sexual misconduct, and other issues. The Tribunal will be led by Ms Justice Ann Power, a Judge of the Court of Appeal, and has been set up under the Tribunals of Inquiry (Evidence) Act 1921, as amended. The Government will now seek the approval of the Oireachtas to formally establish the tribunal, with the intention of commencing its work early this year.

The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023

This legislation will ultimately give An Garda Síochána sole jurisdiction to investigate alleged sexual offences committed within Ireland by personnel subject to military law and will result in amendments to the Defence Act 1954. The legislation goes further than the recommendations of the IRG, which said only cases of rape and aggravated sexual assault should be dealt with by An Garda Síochána. Under the Bill, all sexual offences would be referred to the civilian authorities. The Bill has now completed Committee stage and will move into report stage.

Defence (Amendment) Bill 2023

The Defence (Amendment) Bill 2023 was published on 10 January 2024. The Bill provides for the establishment and operation, on a statutory basis, of the External Oversight Body. The purpose of the External Oversight Body is to increase transparency and accountability and to drive necessary culture change throughout the Defence Forces. The External Oversight Body was set up on a non-statutory basis initially and the Defence (Amendment) Bill 2023 will establish the External Oversight Body on a statutory basis.

The Defence (Amendment) Bill also provides a statutory basis for the Minister for Defence to authorise military representative associations to associate with the Irish Congress for Trade Unions (ICTU).

In addition, the Bill proposes a number of miscellaneous amendments to the Defence Acts, including the protection of the term "Óglaigh na hÉireann".

Written by Áine Grogan and Nicole Harney.