The Government is mulling over how best to deliver its promised statutory inquiry into accusations of sexual abuse and harassment in the Defense Forces.
Tánaiste and Minister for Defence Micheál Martin has identified two options. The first is a Tribunal of Inquiry where evidence is taken in public, and a report published. The other option is a Commission of Investigation which would take evidence in private and also issue a report. He has said he is agnostic as to which route to go down and believes the costs – which will be significant – are roughly the same. Commissions of Investigation are intended to be more efficient although this is not always the case. Much depends on the terms of reference of either option.
Martin’s difficulty is that Women of Honour, the group of former members whose efforts did so much to highlight abusive behaviour in the Defence Forces, have made it clear that in their opinion only a Tribunal of Inquiry will suffice. They have also stated publicly that the Government’s proposed terms of references are too narrow and put forward their own alternative terms. They want a much wider range of abuses investigated including issues such as discrimination, nepotism, favouritism and career obstruction.
In trying to square this circle the Tánaiste has to be mindful of the public interest which includes ensuring the Defence Forces continue to operate effectively at a time when threats to national security on a number of fronts are arguably at their highest since the Troubles.
It is worth noting that both types of inquiries have been used to investigate allegations against the Garda Síochána with minimal operational impact. These inquiries, such as the tribunal into Gardaí in Donegal or the commission of investigation into the treatment of a Garda whistleblower, had relatively tight terms of reference. The risk that Martin now faces is that if he is too prescriptive in setting terms of reference, he will establish an inquiry that is discredited before it even hears a word of evidence. He needs to the Women of Honour to buy into whatever he proposes.