Offaly men appear before Defence Forces Tribunal in Dublin

A number of Offaly men have appeared before a Defence Forces Tribunal in Dublin during recent months.

Their cases are in relation to a number of unpleasant incidents, including bullying, which they were subjected to during their time in the Army.

According to Steven Whelan, a solicitor in Coleman Legal, Talbot Street, Dublin, Coleman Legal is representing fifteen clients in the Midlands counties alone, including three clients from Tipperary; five clients from Galway; two clients from Laois; three clients from Offaly; and two clients from Westmeath.

“We also have a number of clients that are originally from these areas,” Mr Whelan told the Midland Tribune, “but are currently based overseas in Spain, Australia and the UK.”

The Tribunal has been established to examine the complaints processes related to serious allegations of misconduct, abuse and mistreatment within the Defence Forces both in Ireland and abroad. The Tribunal is also examining complaints related to Air Corps personnel being exposed to toxic chemicals in Casement Aerodrome in Baldonnell. Additionally, complaints related to the anti-malarial drug Lariam are being examined.

The two solicitors working on the project, including Mr Whelan, are Defence Forces veterans themselves, which gives them, they believe, “a unique understanding of the unique challenges faced by our clients.”

The Tribunal is tasked with examining the adequacy of complaints processes within the Defence Forces, investigating the culture surrounding the making of complaints, and assessing the response to reports of hazardous chemicals and other abuses. The inquiry is seen as being a significant step toward ensuring transparency, accountability, and improved standards for all serving personnel.

“This Tribunal is an opportunity for the Defence Forces community,” continued Mr Whelan, “to seek accountability and ensure future generations are protected from similar challenges our clients have faced.

"This will, we believe, help to ensure that the Defence Forces is a safe and welcoming environment for new and existing members and that service members have appropriate mechanisms in place to facilitate a complaint of abuse without fear of facing retaliation or reprisals.

"We are also concerned about the lack of awareness in the veteran and serving community and we have highlighted our concerns in a letter to the tribunal,” Mr Whelan added.

The Defence Forces Tribunal is located in the Infinity Building in Smithfield. The Government intends to keep the office space in the Infinity Building going forward for further Tribunals and/or enquiries. The office space is equipped with a hearing room, interview rooms and offices for staff.

The Offaly clients were accompanied in their interviews by Mr Whelan and a Junior Counsel Barrister. Each interview was conducted by two Barristers from the Tribunal’s Legal Team (a Senior Counsel and a Junior Counsel). Each interview was conducted in a non-adversarial manner, and each client was questioned by the two interviewers, after which the interview concluded.

The sole member of the Tribunal is a Judge, Ms Justice Ann Power, who is supported by a legal team of six barristers, three of whom are experienced Senior Counsel. There is also a full-time solicitor, a registrar and a handful of full-time support staff.

The Tribunal is currently in its investigative phase and at present is conducting interviews with those who did not make a formal complaint to the Defence Forces while they were serving members. “Our experience so far,” commented Mr Whelan, “has been that a lot of ex-Defence Forces personnel did not make complaints while they were serving. The reason for this was because they were afraid to make a formal complaint as many had witnessed those who did make formal complaints face ostracisation or further bullying. A lot of our clients accepted bullying as they weren’t even aware of the complaints mechanisms. After the Tribunal concludes the interviews with the personnel who did not make formal complaints, those who did make formal complaints will then be contacted for interviews. This process will take slightly longer as they will need to provide the documentation they’ve taken up from the Defence Forces as part of this process. The Tribunal will then decide, based on the interviews, who will be called to give evidence at the public sittings.

“As the Tribunal remains in its early investigative phase, no determinations or recommendations have yet been issued. However, upon conclusion of the process, it is expected that the Tribunal will make formal recommendations to the Government. It is our hope that any such recommendations will be supportive of those who suffered mistreatment during their time in the Defence Forces. A formal report will follow at a later date, but that is likely some time away, possibly 2027.”

Mr Whelan said Coleman Legal is representing a large number of individuals from the Midlands and other regions throughout the Tribunal process.

“Some have been interviewed already,” he remarked, “others are currently in the process of preparing for interviews, and a small number have yet to be contacted by the Tribunal.

"There is ongoing contact with the Tribunal team to assist in scheduling and preparing for these interviews.

"The interviews with the veterans currently living overseas, including in Australia, Spain and the UK can be conducted by video call.

"Some of our Midlands-based clients have already participated in interviews, with others scheduled in the near future. As each case proceeds at a different pace depending on documentation, I can’t give a public update on each individual case at this time," he added.

“We are hearing some deeply distressing accounts from clients, reflecting a systemic failure to protect both women and men during their time in service. Of particular note are statements that a number of individuals were subjected to bullying and harassment even after leaving the Defence Forces. This has included instances of public ridicule and, in some cases, efforts by serving members to obstruct former personnel from securing civilian employment. Our aim is to ensure that our clients are given an opportunity to give an account of their experiences in the hope that it will be acknowledged in the report and that changes to the organisation will be implemented.”

Mr Whelan pointed out that the Smithfield Tribunal remains “one of the most significant developments in the campaign for accountability and justice for members and veterans of the Defence Forces. While there is still some way to go, the process has so far allowed many individuals who were never heard during their service to finally have their voices recorded and their experiences acknowledged. Our office remains committed to supporting our clients through this process and working with the Tribunal to ensure it fulfils its important mandate.”