Military union warns 'vague' Defence Bill could lead to 'unreasonable suspensions' for soldiers
The Representative Association of Commissioned Officers (RACO) is appearing before the Joint Committee on Defence and National Security which is carrying out pre-legislative scrutiny of the proposed Defence Bill.
So far invited speakers have focused on neutrality and new measures to deploy troops abroad, RACO is the first to address the changes to the workplace which will include powers of suspension and the summary dismissal of personnel.
The group said, in its opening remarks this morning, that they have significant concerns about the drafting of the bill and a lack of consultation with them.
It told the committee members that a conciliation and arbitration mechanism to raise their concerns is not fit for purpose and is 'unproductive' due to lack of resourcing and long delays in resolving issues.
RACO said that it has 'little accountability' and has an 'inability to address the issue it was created to resolve'.
The military group examined three draft heads of the Bill, dealing with suspensions of members, the dismissal of soldiers and how soldiers will be compelled by law to tell their commanding officers they are under investigation.
These measures were introduced following high profile cases, including that of former soldier Cathal Crotty,
who was found guilty of assaulting Natasha O'Brien
in Limerick city. He was initially not imprisoned at Limerick Circuit Court but he was later jailed when the Director of Public Prosecutions appealed the case in the wake of it being raised in the media.
Crotty was not suspended from the military as the Chief of Staff of the Defence Forces did not have powers of suspension.
A report by Peter Ward, which was commissioned by then Minister for Defence Micheál Martin, found that there was an
urgent need for a clear suspension policy
to allow the military to impose suspensions in certain circumstances.
The Bill proposes that it will grant powers to a 'designated authority' to suspend soldiers under the rank of Major General.
This includes for reasons of in the public interest, national security or serious misconduct. This measure was introduced to the Bill after it emerged that there was no real power of suspension for the
RACO in its address today said that it welcomes a suspension policy but has called for a greater degree of clarity in the provisions as set out in the Bill.
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It said that: 'we remain very concerned by the loose, vague and subjective language in the current drafting'.
'Such phrasing lacks the thoroughness and rigour needed to protect members' rights to the presumption of innocence and opens the door to interpretation without robust oversight or even an appeal mechanism,' the group added.
The garda use of suspensions has been heavily criticised by the Garda Representative Association and the Workplace Relations Commission, in a finding against An Garda Síochána, said that its process was a
'rubber stamp' exercise
.
RACO told the committee that the suspensions in advance of due process would carry 'real consequences' for an individual's mental health and professional reputation.
'The principle of 'innocent until proven guilty' must be protected—not just legally, but through fair process and proper supports. A balance must be struck between operational discipline and the dignity and safety of those who serve.
'We note that suspension is an embedded feature of many other public sector organisations and are aware of a concerning reported trend of seemingly endless, elongated suspensions without regular review or due process, where the suspension in fact becomes the punishment,' the group added.
Dismissal
RACO raised the issue of dismissal of officers by the President 'for any prescribed reason' – it said again this was too vague and wide ranging drafting which lacked precision.
The group told the committee that it 'lacks the clarity and safeguards necessary to protect members from arbitrary or disproportionate action'.
RACO also called for redrafting in regard to the new measure in which military personnel will be compelled to inform their commanding officer if they are under garda investigation. The issue is centred around the measure which would require them to keep that officer up to date on progress.
It said there was no formal or informal data sharing mechanism between gardaí and the courts martial system.
RACO warned that this meant there was no obligation on the investigating garda to keep the Defence Forces updated on the probe.
It has recommended that the Head of the Bill be updated so that it is only necessary where a military member finds themselves arrested, interviewed under caution or charged by the gardaí.
'We respectfully contend that the draft Heads as they currently stand are overly vague (even for primary legislation), and lack crucial detail on appeals mechanisms, checks or balances which could lead to a wave of unnecessarily unreasonable and protracted suspensions.
'We suggest that more detail is required to ensure clarity and support for our members who will be required to operate and administer a suspension policy, and that essential safeguards are necessary for all Defence Forces members who may be the subject of suspension or indeed dismissal into the future, in keeping with the principles of natural justice and fair procedures,' RACO conclude.
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