ARCO met with the Secretary General of the Department of Defence in the National Emergency Coordination Centre on 02 May 2023. ARCO acknowledges the Secretary General’s courtesy in consulting with ARCO.
The purpose of the meeting was to discuss the Draft Terms of Reference for the Statutory Inquiry recommended by the Independent Review Group’s Report into behaviours in the Defence Forces. A separate meeting with the Minister for Defence on the Report itself, the Statutory Inquiry and the External Oversight Body has been requested and is awaited.
A hard copy of the Draft Terms of Reference was provided to the ARCO participants, and this is being examined by our Executive Committee. ARCO will respect the Department’s request to limit distribution to our committee, pending further consultation. It is hoped to have the Terms of Reference agreed before the Dáil Summer recess.
The meeting was informed that there was as yet no clarity on whether the Statutory Inquiry would be:
- A Commission of Inquiry to be held either in private or public or a combination of both.
- A Tribunal of Inquiry to be held in public, but which might have an in-camera provision.
These would be composed of one or more members, along with a secretariat and legal teams. There is also no clarity as yet on whether evidence would be taken on oath.
Witnesses can be compelled to attend whatever form of Inquiry is decided. In general, a Commission of Inquiry is considered to be a quicker and more efficient process.
The Statutory Inquiry would be retrospective to 23 January 1980 – a date chosen as being commensurate with the entry of females into the Defence Forces. Inevitably, some complaints will fall outside this date, but some limit had to be chosen. The timeframe for completion is estimated at 18 months.
During the meeting ARCO stressed that key issues such as the Terms of Reference, the nature of the Inquiry etc. were of critical interest to ARCO members, due to the variety of roles and appointments held during this period. These members included potential complainants, as well as Commanders, Investigating Officers and Staff Officers who had dealt with complaints.
The difficulties of memory, recall of detail, and rationale used in decision making was also discussed as was the requirement for discovery of all relevant documentation.
ARCO requested clarity on legal representation for witnesses compelled to give evidence and on costs. ARCO was informed that costs would be borne by the State. When pressed on witnesses seeking their own legal representation, rather than from a panel provided by the Statutory Inquiry, there was less clarity. The Department undertook to provide that clarity.
ARCO raised the question of privilege, (accorded, for instance, to the central role of the Ombudsman in the complaints process) and whether this would be accorded to Commanding and Subordinate Officers disposing of charges in accordance with the Defence Acts.
ARCO was advised that the Statutory Inquiry, secretariat, and legal teams would be independent of the Department of Defence. The appointment of the Inquiry Chair would be made before the Terms of Reference are finalised, as the Chair would expect to have an input into these.
This update was also posted on ARCO’s Twitter, LinkedIn, and Facebook platforms.
