Anyone in Defence Forces accused of rape or sexual assault must be put on leave, says Tánaiste
Any person accused in a case involving sexual assault or rape is to be placed on leave, the Tánaiste has said.
Micheál Martin spoke with the Chief of Staff Lieutenant General Seán Clancy on Thursday after receiving a report showing 68 currently serving members of the Defence Forces have been convicted of a crime in the last three years or are currently before the courts.
Mr Martin instructed Lt Gen. Clancy that any person involved in such cases is to be placed on what is called ‘local leave’ without prejudice until the final outcome of the case.
He said that it is the prudent and right thing to do adding that where there is an accusation of rape or sexual assault the precautionary principle applies as there is an obligation to protect people in the workplace.
Those serving in the Defence Forces must be held to a higher standard because they are part of a force that is meant to protect society, said Mr Martin.
The Minister for Defence is appointing senior counsel Peter Ward to carry out a comprehensive and independent examination of the administration of the cases within the Defence Forces.
The 68 individuals identified in the report are involved in cases including serious assault, sexual assault, drink-driving, drug possession, and burglary.
The report received on Wednesday only covered the last three years but Mr Martin said he has requested a review of historical cases but did not give a timeframe for this.
Mr Ward will report back to the Tánaiste with recommendations on how to enhance and improve the regulations and framework, as well as any other matters that may arise. Mr Martin said that the report illustrates a lack of proactive management in relation to these cases across the Defence Forces.
He said that there has been an inconsistent approach to the application of existing mechanisms within the forces.
Until the case involving soldier Cathal Crotty’s vicious assault on Limerick woman Natasha O’Brien made headlines last week, Mr Martin said he was never made aware of any issues around the capacity to discharge a member of the Defence Forces.
“I have concerns about that but I am working to resolve those issues,” he said.
Quickly after Ms O’Brien’s case came to public attention, Mr Martin was made aware of another case of a “horrific assault” by a Naval Service member who is still serving despite being convicted last November.
A report into this particular incident was received by Mr Martin and he said that it showed a lack of proactive management and follow-through which is reflected across the board.
On Friday, Mr Martin met with the external oversight body established in the wake of the Independent Review Group’s report into the Defence Forces and they stated that they were not satisfied with the level of changes occurring.
“Regrettably, there has been resistance within elements of the Defence Forces against the need for change,” he said but added that the vast majority of members “want to get on with it”.
“I think the attempts to try and derail that and undermine it, in my view, reflect the resistance to cultural change and I have to call that out.”
