← Back to debate record, 2026-05-07

2026-05-07

Duncan Smith question
78. Deputy Duncan Smith asked the Minister for Defence the reason the conciliation and arbitration scheme for the permanent Defence Force has been without an adjudicator since June 2025; when an adjudicator will be appointed; and if she will make a statement on the matter. [33416/26]
Duncan Smith (recorded as: Deputy Duncan Smith)
Why has the conciliation and arbitration scheme for the Permanent Defence Force has been without an adjudicator since June last year? This is the only place Defence Forces members can have grievances addressed. This process is being held up because of the lack of an appointment. I would like an update please.
Helen McEntee (recorded as: Deputy Helen McEntee)
I would like to see this resolved as soon as possible. It was raised with me by the representative groups when I met them. Every effort to nominate an adjudicator for the conciliation and arbitration, C and A, scheme for the Permanent Defence Forces is being made to bring it to a conclusion. Efforts have been under way for some time. As the Deputy will be aware, the scheme for the Defence Forces is the primary mechanism for addressing industrial relations issues in the defence sector. It is a voluntary mechanism that provides structures for management and the military representative associations to engage on issues as they arise. I am glad these structures have helped to maintain positive industrial relations in the sector over a number of years. The scheme provides for an arbitration process to assist in the resolution of disputes that remain unresolved following engagement and that become the subject of formal disagreement. The scheme includes provision for an adjudicator and an arbitration board. Under the agreed terms of reference of the C and A scheme, the adjudicator and arbitration board appointments are mutually agreed by both sides. While an arbitration board is currently in situ, the matter of the appointment of an adjudicator remains under consideration. For that reason, it is something that has to be mutually agreed on both sides. There has been considerable engagement between the Department of Defence, the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation and the military representative associations on the appointment. I look forward to the matter being resolved in the near future. I will continue to engage with all those involved to make sure we can have an individual who is mutually agreed by both sides. The Deputy will agree that the work the body does is essential so we need to make sure that it is functioning in the way that it should and that we have someone appointed as quickly as possible.
Duncan Smith (recorded as: Deputy Duncan Smith)
The continued delays and the recurring nature of this issue risks undermining the integrity of the C and A scheme in general. Given the unique restrictions places on the Defence Forces personnel, I have to say in the strongest terms, it is absolutely essential that this mechanism operates without interruption and with the confidence of all parties. I will bring this up at every Oral Question session having been making continued representations to the Minister and I will work with the representative bodies as well to ensure that this matter is resolves at the earliest opportunity.
Helen McEntee (recorded as: Deputy Helen McEntee)
While the post of adjudicator under this scheme has been vacant, it has not prevented the continued operation of the scheme. It is important to stress that. We want to make sure someone is appointed as quickly as possible but it has not prevented the operation of the scheme. We have engagement between the official side and the military representative associations. That has continued through the conciliation councils, where appropriate, and through facilitation as well. The Deputy will be aware the revised scheme introduced in April 2024 strengthened the role of the independent chairperson and placed a greater emphasis on early and structured facilitation with the objective of resolving matters before escalating to the adjudication or the arbitration. It is working and it is important it continues to work but I fully agree and appreciate it is important we have someone appointed as soon as possible. I will continue to work with all of those involved to make sure a person everyone can be supportive of is appointed as soon as possible.