The State has paid out more than €10m in legal settlements of claims against the Defence Forces in the last four years but faces paying many times that amount in the coming years.
The Department of Defence has admitted that there are a total of 482 current and “open” cases against the Defence Forces. These include personal injury claims and judicial reviews.
It paid out some €10,698,855 in respect of cases taken by current or former members of the Defence Forces from 2020 to 2023.
A spokesperson said this figure represents “the total value of settlements recorded arising from litigation”.
“Any case taken against the Defence Forces, for whatever reason, must be taken against the Minister for Defence because the Defence Forces cannot act as defendants or respondents in cases of litigation.
“The Department of Defence is therefore responsible for the management of all such litigation cases, including those taken by current or former members of the Defence Forces. This litigation includes personal injuries claims.”
Defence Forces Justice Alliance spokesperson Alan Nolan said that in many cases, personnel are forced down the route of litigation.
“This is because the internal reporting and complaints channels are so unfit for purpose, personnel often use litigation as a last resort to seek justice.
The saddest thing is that even when a case might be won or lost, nothing really changes because the State might have to pay, but they don’t have to be held accountable by anybody.”
The Department has also confirmed that anybody suing the Defence Forces will still be able to give evidence in the forthcoming tribunal.
The tribunal is being established to see if the army’s complaints system is fit for purpose. The decision to hold the inquiry followed the publication of a review into allegations of brutal and “sadistic” abuse — including the rape of both male and female soldiers.
A Women of Honour spokesperson said:
“The level of payouts is a small indicator of the wrongs being perpetrated in the Defence Forces. This is a further reason why a full statutory tribunal of inquiry is required to examine what really is going on inside the Defence Forces. Sadly the Forces have become a centre of abuse of all forms and before it can be fully reformed.”
There had been concern among organisations like the Defence Forces Justice Alliance and the Women of Honour that anybody involved in proceedings would be barred from giving evidence.
The Department spokesperson said:
“Such personnel are not precluded from giving testimony/evidence to the tribunal.”
Ultimately, it will be a matter for the chair of the tribunal to determine the extent of the evidence to be heard, the spokesperson added.
Read full article by Neil Michael on the Irish Examiner website…
https://www.irishexaminer.com/news/arid-41350498.html
*****