Tribunal hears doubts on Defence Forces complaint secrecy

More than 150 current and former Defence Forces members are represented by senior counsel Gareth Compton, who told a tribunal this week that his clients have no confidence in the confidentiality of the organization's complaints process.

Compton stated that the main concern for his clients is a fear of repercussions for raising issues regarding sexual abuse and bullying. He questioned Col. Daragh O'Brien, a senior human resources officer, about whether any study or report existed that examined if an external third party should handle these processes. O'Brien, who has served in the military for nearly 40 years, said he could not speak to that specific point because it went beyond his remit.

Compton also asked if there was a general tension between the act of making a complaint and the idea of being a good soldier. He posed the question, “Would a good soldier complain?” Legal representatives for the State objected to the question, but it highlighted the cultural barriers witnesses have described.

The Defence Forces Tribunal, presided over by Judge Ann Power, is investigating how the organization handled complaints of sexual assault, rape, bullying, and harassment from January 1983 to June 2024. The inquiry was established after the 2021 RTÉ Radio documentary “Women of Honour” alleged that sexism, bullying, and sexual misconduct were widespread and inadequately investigated within the ranks.

Niall Beirne, senior counsel for the tribunal, outlined the formal and informal mechanisms available for lodging complaints. He noted that an effective process should act as a deterrent to potential abusers. However, he warned the court that witnesses would testify to being deterred from complaining due to the organization's culture. Some alleged they suffered intimidation, reprisals, or penalization after reporting abuse.

O'Brien, a veteran of peacekeeping missions in Lebanon, the Balkans, and Afghanistan, presented evidence on the evolution of complaints procedures during his career. The tribunal began hearing evidence in public in June. Prior to that, it privately interviewed more than 300 witnesses and examined 200,000 pages of documentation. A discovery order in June required the review of an additional 2,257 pages of materials related to abuse complaints.

This week's hearings focus on whether the complaints processes were appropriate, fit for purpose, and actually followed. The tribunal will also determine if systemic failures existed and whether victims faced punishment for reporting their experiences.