Oireachtas Joint and Select Committees
Wednesday, 5 November 2014
Joint Oireachtas Committee on Public Service Oversight and Petitions
Role and Functions: Ombudsman for the Defence Forces
4:45 pm
Mr. Tony McCourt:
I have three additional short recommendations which I could make to the committee at this stage. First, I am mindful of representations which have been made to my Office by families of members or former members of the Defence Forces which I was satisfied were related to genuine concerns but which were clearly outside my jurisdiction under the statute as currently drafted. I would suggest my Office should have a discretionary authority to undertake in exceptional circumstances own-initiative investigations. This, of course, could be subject to prior agreement with the Minister, on a case-by-case basis. Such investigations should also be allowed to include historic matters and not be subject to the 12 months rule applicable in the Act at the moment.
Second, I would suggest that section 8 of the 2004 Act should be amended in line with the provisions of section 10 of the Ombudsman (Amendment) Act 2012 together with any future amendment to the Ombudsman Act to provide my office with improved procedures for compelling the production of documents and information. That would be a very important provision.
The third additional recommendation I would make is that there is a need for the establishment of a mechanism for the provision of independent legal advice and services to my office from time to time. Clearly, that is based on my experience since I came into office. I do not think I need to elaborate further on that.
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