Defence Forces Tribunal to embark on vast discovery process likely involving millions of documents

Ms Justice Anne Power is to file discovery orders demanding all documents relating to allegations of abuse held by both the Defence Forces and Minister for Defence going back up to 41 years

The tribunal is expected to last up to three years and will comprise both public and private hearings.
The tribunal is expected to last up to three years and will comprise both public and private hearings.

The tribunal investigating the handling of abuse claims in the Defence Forces is embarking on a wide-ranging discovery process likely to involve millions of documents.

Ms Justice Anne Power, the sole member of the Defence Forces Tribunal, is to file discovery orders demanding all documents relating to allegations of abuse held by both the Defence Forces and Minister for Defence going back up to 41 years.

All documents will be completely anonymised per Mr Justice Power’s discovery orders. The Defence Forces and Department of Defence will have 15 weeks to comply from when the orders are issued early in the new year.

The tribunal was established by legislation earlier this year following allegations of widespread abuse and misconduct in the Defence Forces made by a group of women veterans known as the Women of Honour, as well as allegations that complaints were covered up and that victims were penalised.

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It held its first meeting in June, when Ms Justice Ann Power announced she has received written assurances from the Defence Forces Chief of Staff and the Minister for Defence that there will be no retribution against serving members who come forward with statements.

The tribunal is expected to last up to three years and will comprise both public and private hearings. Next year it will receive €6.5 million from the 2025 defence budget to fund its work.

The discovery orders issued by Ms Justice Power, which were published in national newspapers on Thursday, provide an insight into the daunting workload faced by the tribunal.

She will request all files relating to complaints of abuse held by the Minister for Defence or Defence Forces Chief of Staff or under their control, going back to 1983.

This will include “all statements, notes, records of investigations and interviews, reports, determinations, recordings, memoranda and records of written and electronic correspondence and communications of any kind.”

It also includes all complaints of abuse by current or former military personnel or civil servants to military support services, the military police and An Garda Síochána.

The order also includes documents relating to investigations of abuse initiated by commanding officers of their own volition and “incidents of retaliation, reprisals, intimidation against persons who made complaints of abuse or the imposition of a penalty or burden upon such persons.”

It further includes relevant courts martial records and any protected disclosures made by military personnel.

As well as investigating the handling of abuse claims, the tribunal is investigating the complaints process in relation to the use of hazardous chemicals in the Air Corps and wider Defence Forces.

It is seeking all complaints related to dangerous chemicals, as well as any relevant reports to the Health and Safety Authority.

Ms Justice Power is also demanding all documents requesting changes to the internal processes for handling abuse claims.

Military sources said the volume of documentation is likely to run into millions of pages and involve a large time commitment.

The Tribunal has asked that any person who believes they may be impacted by the terms of the discovery order to make contact by January 13th, 2025.

Conor Gallagher

Conor Gallagher

Conor Gallagher is Crime and Security Correspondent of The Irish Times