Tánaiste and Minister for Defence Micheál Martin has said there will be “challenges” for a statutory inquiry into allegations of sexual assault within the Defence Forces if criminal cases arise from Garda investigations into the same matters.
He said these issues will be assessed by the chair of the statutory inquiry when the terms of reference are set.
Mr Martin said: “What tends to happen in inquiries, these issues are assessed and obviously if there’s a criminal case that creates challenges.
“But again, that will be up for the chair and the terms of reference that we designed, which we will be consulting with various groups and stakeholders in respect of the terms of reference of the statutory inquiry.
“Because ultimately, we do want criminal investigations to succeed and prosecutions where there has been wrongdoing to succeed, and we don’t want to jeopardise that dimension, or that aspect of it.”
Speaking to reporters after a Cabinet meeting, he welcomed the announcement that gardai are investigating current and historical allegations of sexual assault within the Defence Forces.
“This, in my view, illustrates that there’s not going to be any tolerance of sexual assault within the Defence Forces or indeed in society more generally,” he said.
Earlier, Garda Commissioner Drew Harris said gardaí may ask the Government to change the law to give greater powers to investigate alleged sex offences committed by Defence Forces members overseas.
“There is legislation dating back to 2004, which did extend jurisdiction in terms of criminal matters, but we want to just clarify that precisely to make sure that that can be retrospective and does apply then also to serious sexual offending,” Mr Harris said.
“So that’s something that we’re addressing at the moment. And indeed, if a legislative amendment is required, then we would seek that as well.”
Mr Martin said there may be pathways for gardaí to investigate sexual assaults within the Defence Forces overseas, but the most immediate form of redress will remain through the military police.
He said this is because the law is that military police have jurisdiction in respect of sexual assaults that occur overseas.
Mr Martin said the Government has taken a decision that military police will not be investigating anything in relation to sexual assault domestically.
He said legislation will be passed meaning all sexual assault allegations in the State must go to the gardaí.
“There may be pathways, but I think for practical purposes the most immediate redress would be through the military police, but that’s an issue we can discuss further with the various interests, including An Garda Síochána.”
Gardaí have established a special operation to investigate claims of abuse made by serving and former members of the Defence Forces.
Mr Harris said he was seeking clarity on the extent of garda jurisdiction to investigate historical allegations.
The announcement came after an independent report last week detailed allegations of sexual misconduct, bullying and discrimination within the Defence Forces.
The Government has pledged to set up a judge-led statutory inquiry into the allegations, which ministers have expressed shock and outrage at.
Mr Harris said the special operation would review complaints previously made to gardaí and oversee any fresh investigations.
He has said gardaí will also be seeking to establish if there are any “predators” within the Defence Forces guilty of multiple offending.
Mr Harris said he was appealing to any current or former members of the Defence Forces to come forward if they had been a victim of a sexual offence.
He assured them their complaint would be treated with “absolute confidentiality”.
Asked about his concerns over possible predators within the Defence Forces, Mr Harris said: “One has to look at the experience in other institutions, where people use a position of power and an imbalance in power actually then to conduct offending and, having long experience of dealing with other cases of historical abuse in institutions, you can see these patterns of behaviour and individuals, a small number of individuals, are multiple offenders.”
Commenting on the new operation, a Garda spokesperson said: “An Garda Síochána is examining all files held in relation to allegations of sexual assault within the Defence Forces, both currently under investigation and pre-existing.
“In response to the report of the Independent Review Group – Defence Forces, An Garda Síochána has established a dedicated operation under Detective Chief Superintendent Garda National Protective Services Bureau (GNPSB) to oversee all Garda investigations into allegations of sexual assault within the Defence Forces, historical, current or future.
“Where individual allegations are made by former or serving members of the Defence Forces to An Garda Síochána, all allegations will be investigated by Divisional Protective Service Units (DPSU), under the oversight of the GNPSB.”
The Garda spokesperson said anyone can ask to speak with a member from a DPSU in confidence by contacting any Garda station or the Garda Confidential Line on 1800-666 111.
