Minister seeks to include Defence Forces in EU victims’ rights directive

Efforts are under way to include the Defence Forces in forthcoming EU regulation on victims’ rights that currently does not apply to military law. If such a move, sought by Minister for Defence Helen McEntee, proved successful, it would give personnel and civilians who are the victims of offences by members of the Defence Forces certain rights and supports currently unavailable to them.The EU’s victims’ rights directive sets a number of minimum standards. Along with access to progress in criminal proceedings, it allows participation of victims in criminal proceedings. It also includes support services such as legal aid and restorative justice. Ireland transposed the directive into domestic law in 2017, but the Defence Forces were excluded.READ MORELegislative changes are required “so that there is oversight where it is needed”, the Minister said.“At the moment, I am not satisfied that is the case.” McEntee has asked her officials to re-examine the issue, while military authorities “have recently provided advice on the matter”.Women of HonourThe move follows the work of the Women of Honour, a group of veterans who exposed systemic abuse, harassment and discrimination within the Defence Forces leading to a statutory tribunal of inquiry. McEntee confirmed her wish to apply the directive to the Defence Forces when Solidarity People Before Profit TD Ruth Coppinger highlighted the case of a woman who alleged an officer abused her, claiming she has not been able to get information since 2022 on her case.Another woman also alleged abuse but, the Dublin West TD claimed, “nothing is being done by the secretive military tribunals that are operating in the Army”. Raising the issue in the Dáil recently, Coppinger claimed the woman was abused by an officer “using military equipment and surveillance technology”.Coppinger claimed a court martial took place, but “was about smaller charges that were nothing to do with the woman”. However, military sources said the officer was court martialed under military law and “given a number of punishments”, but issues such as sexual offences were criminal in nature and a matter for An Garda Síochána.‘Completely inappropriate’It is understood complaints were made by two women who were not members of the Defence Forces, alleging sexual assault, coercive control and the misappropriation of Defence Forces’ equipment. The officer is no longer in the Defence Forces. Coppinger cited a GoFundMe campaign the officer was involved in “where rapists’ names were used as a joke by the various men who contributed”. McEntee said the fund was taken down immediately once brought to the Defence Forces’ attention, but the “very fact” the content was online “was completely inappropriate”. She said she was “keen to make changes so that there is an appropriate level of oversight” and “greater ability to hold certain structures accountable”.Contacted for a response to the allegations, the Defence Forces said: “We wish to acknowledge the bravery of the complainant coming forward and can confirm the individual [officer] in question is no longer serving. “Any element of the complaint made to the Defence Forces, which fell under military law, were prosecuted through a general court martial, resulting in a conviction. “The complainant was informed that all matters falling under criminal law were a matter for An Garda Síochána.”A Defence Forces tribunal was investigating complaints. The Minister said she was “already starting work” on complaints procedures and “mechanisms that had not been functioning appropriately in the past and how to improve them”.In a statement, the Defence Forces said that “despite the military prosecution system not being included in the Act and not being required to follow it, the Defence Forces applies this Act, where feasible, taking it as best practice”.