Press release
Tánaiste publishes Terms of Reference for Tribunal of Inquiry and Appointment of Tribunal Chair
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Published on
Last updated on
The Tánaiste and Minister for Defence, Micheál Martin TD today received Government approval for the Terms of Reference for a judge-led Tribunal of Inquiry, as recommended by the Independent Review Group (IRG) on dignity and equality issues in the Defence Forces.
The Inquiry is being established to investigate whether there have been serious systemic failures in the complaints processes in the Defence Forces concerning workplace issues, including sexual misconduct.
Government also approved the appointment of Ms Justice Ann Power to Chair the Tribunal.
Speaking after today’s Cabinet meeting, the Tánaiste said:
“Government will now seek the approval of the Oireachtas to formally establish the Tribunal, and get work underway as early as possible this year.
“I am particularly grateful to all those who have engaged in the process that led to the drafting of the Terms of Reference, and to the Attorney General and his staff.
“I also want to express my gratitude to Ms Justice Ann Power for agreeing to Chair this very important Tribunal. She brings a wealth of experience to the role.”
The Tribunal of Inquiry will examine the effectiveness of the complaints processes in the Defence Forces concerning workplace issues relating to discrimination, bullying, harassment, sexual harassment and sexual misconduct.
It will also have the power to investigate the response to complaints made regarding the use of hazardous chemicals within Air Corps’ headquarters at Casement Aerodrome, Baldonnel.
Separately, in a further implementation of the IRG’s recommendations, the Tánaiste has announced the appointment of Mr Kevin Duffy as the independent Chair of a new Working Group to develop a complaints process for civilian employees and civil servants who work with the Defence Forces.
The Tánaiste said:
“The appointment of Kevin Duffy is another important step in implementing the recommendations of the Independent Review Group. I am very grateful to Kevin Duffy for agreeing to Chair this Working Group. He brings a wealth of experience and expertise to this role, which I have no doubt will prove invaluable to the Group in its deliberations.”
ENDS
Notes for the Editor
A copy of the Terms of Reference is attached and can also be can be found at www.defence.ie
In January 2022, a Judge-led Independent Review was established to examine dignity and equality issues in the Defence Forces. The report of the Independent Review Group (IRG) was published following Government approval on 28 March 2023. The Government agreed to progress the recommendations contained in the Report.
In July, the Government approved the establishment of a Tribunal of Inquiry, pursuant to the provisions of the Tribunals of Inquiry (Evidence) Act 1921 (as amended), to examine the effectiveness of the complaints processes in the Defence Forces and to address workplace issues relating to discrimination, bullying, harassment, sexual harassment and sexual misconduct. The Tánaiste committed to revert to Government to seek approval for the terms of reference and the nomination of a Judge to be appointed to Chair the Tribunal.
There has been further engagement and consultation with a wide range of stakeholders on the terms of reference in the intervening period.
Ms Justice Power is a Judge of the Court of Appeal. She is also a judge of the World Bank Administrative Tribunal, an independent judicial body that issues final and binding decisions on employment related disputes within the World Bank. She has previously served as a Judge of the European Court of Human Rights in Strasbourg (2008 – 2015), the Presiding Judge of the Constitutional Court Chamber of the Kosovo Special Chambers in The Hague (2017 -2019) and, since 2020, as the Chairperson of the CervicalCheck Tribunal.
Ms Justice Power was called to the Bar of Ireland in 1993 and to the Inner Bar in 2006. She practised in Public, Constitutional and Medical Law and has taught in universities throughout Europe and the United States. She is a Bencher of the King’s Inns (2008) and an overseas Master of the Inner Temple, London (2023).
An allocation of €3.6m has been provided to the Defence Vote as part of the agreed Estimates for 2024 to support the establishment and the work of the Tribunal. Further allocations for subsequent years will be agreed as part of the annual Estimates process for each year.
Separate to the establishment of the Tribunal, one of the IRG’s recommendations called for the establishment of a complaints process for civilian employees and civil servants, whereby they can have access to redress in respect of complaints concerning grievances or dignity at work issues, where the matters concerned relate to their interactions with members of the Defence Forces.
Mr Kevin Duffy is a qualified barrister and a former Chair of the Labour Court. He retired from the Labour Court in June 2016, having been appointed as Deputy Chair in 1997, and served as Chair from 2003. Mr Duffy is currently Adjunct Professor at the Law Department of Maynooth University. He previously served as Chair of the Public Service Pay Commission.
The Working Group that Mr Duffy will Chair will comprise all key stakeholders, such as nominees from the Defence Forces’ representative associations, as well as the associations and unions that represent civil service and State industrial grades staff associations. It will also include representatives from the HR units within the Defence Forces and the Department of Defence, as well as a representative from the Department of Public Expenditure, NDP Delivery and Reform.