Amid the controversy which erupted after a serving soldier received a fully suspended sentence for beating a woman unconscious and leaving her with serious injuries there has been much criticism of the Irish Defence Forces.
Speaking on the case, Taoiseach Simon Harris said “there’s very specific issues here in relation to the Defence Forces” adding that although it was “a harsh thing” for him to say it “as Taoiseach” he felt he needed to do so.
Harris went on to question whether the Defence Forces would be carrying out a review on Cathal Crotty were it not for the “flurry” of attention that has transpired in the wake of his suspended sentence.
However, it has been highlighted that the Defence Forces are legally not in a position to expel any serving members until such time as criminal proceedings have been dealt with in the courts and therefore were unable to take action against Crotty until the finalisation of his case before the civilian courts.
The Taoiseach questioned the Defence Forces’ willingness to pursue the matter saying last Tuesday “Would the Defence Force have been carrying out the review that they’re now carrying out was there not so much public interest in this? There are people in the Defence Forces who clearly knew this was happening? Why did they do nothing? These are very serious questions.”
Harris continued, “as Taoiseach, I’m not satisfied in relation to this. I’m not satisfied at all. I am really angry about it. because we’re now seeing a flurry of activity. but that’s really only coming about because of the bravery of Natasha O’Brien. and I want to know how many other people are hiding, hiding with convictions in relation to domestic sexual or gender based violence. They have no place absolutely no place in our defence forces.” he said.
In a statement, Óglaigh na hÉireann said it wished “to address the conversation that is currently taking place on social media, as we are an organisation committed to honesty and transparency.
“Any conviction in a civilian court may have implications for the retention and service of members of the Defence Forces, as stipulated in Defence Forces Regulations. Once due process has been completed in a civilian court of law it becomes a matter for the relevant Defence Forces authorities, in accordance with Defence Forces Regulations.
“We can confirm that these proceedings have commenced and as such, it would be inappropriate to comment further on this specific case.” it said.
Former soldier turned solicitor Barry Crushell hit back at comments made by the Taoiseach saying he “was well aware that the Defence Forces could not carry out a parallel investigation and disciplinary process while criminal proceedings were ongoing.”
“They can only discharge Crotty now.” he added.
Crushell explained that the Defence Forces Regulations are “something the Taoiseach has the power to amend, as he and government see fit. However, they do set the parameters and limitations within which military authorities operate.”
Addressing the issue in the Dáil, Independent TD for Kildare Cathal Berry said the Defence Forces “have been screaming for changes” to the Defence Forces Regulations for years.
Addressing the Taoiseach’s remarks about “how many other people are hiding, hiding with convictions in relation to domestic sexual or gender based violence” Berry asked if Harris knew how many members of Fine Gael have a criminal record.
Berry said that he agreed that some of the rule surrounding the Defence Forces were “archaic” and need to be changed, however he added that “the defence forces can’t change the law. Only politicians can change the law.”
“And the defence forces have been screaming for changes in Defense Force regulations. They were looking for powers of suspension, positive dismissal for gross misconduct, but got radio silence from successive governments.”
“So when are we going to get changes to Defence Force regulations, because the military can only obey the orders they get to the government in a day.” he said.
Berry said that the Minister for State appointed over the Defence Forces was barrister Jennifer Carroll McNeill but that of 20 ministers of state she alone had “no power” delegated to her, adding that he believe McNeill was “the ideal person” to deal with the issues at hand.
Review the Defense Force regulations and we’ll solve this problem.” he said.
The Taoiseach said strongly emphasises that “we have to” use the events “of the last few days as a serious wake up call” to implement a “zero tolerance approach is embedded in every aspect including the Defence Forces” saying “we expect the highest standards from the men and women who wear a uniform,”.