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Martin’s pledge on Defence Forces measures

Tánaiste and Minister for Defence Micheál Martin has said that he accepts all the recommendations of a report into how the Defence Forces deal with serving members who are convicted of serious offences in the courts. 

The Government-commissioned report was carried out by barrister Peter Ward SC and focused on the application of military law in such cases. 

The Tánaiste had ordered the report earlier this year, after the Chief of Staff of the Defence Forces reported that 68 members had either been convicted or were before the courts for a range of offences. 

Recommendations ‘will take time’ 

Ward was asked to make recommendations on the management of these cases and any enhanced powers that might be necessary to improve processes, regulations, legislation, and reporting arrangements. 

“While it is clear that the breadth of the 35 recommendations will require significant amendments to primary legislation, and this will take time, I am accepting them in their entirety, and they will be implemented,” the Tánaiste said. 

The report states that allegations of rape, sexual assault, and assault (including gender-based violence) “must be acknowledged as requiring very specific responses on the part of the management of the Defence Forces”. 

‘Rapid-response’ system 

The report recommends that Defence Forces rules should include a ‘rapid-response protocol’ that would outline the steps to be taken as soon as the organisation is notified that a member has been charged with, and/or convicted of, a serious criminal offence. 

The protocol would provide “detailed and comprehensive instruction and guidance” on the management of such cases. 

The report says that offences of rape, sexual assault, and any assault involving an allegation of gender-based violence should automatically trigger the requirements of the protocol “without further consideration of the underlying circumstances”. 

Leave and suspension 

It notes that there is currently no centralised collection of data on members charged with or convicted of serious offences, and makes several recommendations aimed at improving the sharing of information in such cases. 

The report calls for new measures governing the placing of serving members on leave or suspension pending the conclusion of a legal process in the courts or within the Defence Forces. 

It says that the organisation should have “a clear legal framework” within which it can act to ensure that a member does not remain on active service “in circumstances where that would be inappropriate pending the outcome of a criminal case and/or an internal process”. 

Liaison officers 

The report says that the forces’ liaison officers, who appear in court to report back on proceedings, play “useful” roles, but adds that their provision of evidence of character and service to the presiding judge in a criminal trial “is questionable in the modern context and should be reconsidered”. 

It adds that they should appear in court in civilian dress, to address any perception that they are present in a supportive role. 

Ward also makes recommendations on how the proposed protocol should operate at the conclusion of a case in the civil courts – including the consideration of whether a sanction is appropriate despite the absence of a conviction. 

The report also urges the Government to look at whether legislation is needed to oblige gardaí and the Courts Service to provide the Defence Forces with information on the charging or conviction of any member in relation to a serious criminal offence.