Mr. Justice Alan Mahon:

I would strongly be of the view that 12 months is too short. First, making a complaint in the Defence Forces does not carry any limitation period. The limitation period applies to the time in which the complaint must find its way into my office. I would think 12 months is very short because in practice it will often be the case that an individual who wants to make a complaint perhaps takes some time to consider whether he or she will make a complaint. It is good that people would sit and think about it for a while. Perhaps they will lodge a complaint within the Defence Forces two or three months after the incident that gives rise to the complaint. The Defence Forces, particularly if it is anything complex, will take a number of months at a minimum to investigate. If the individual waits until that process has concluded and decides to then refer the complaint to my office because he or she is not satisfied with the outcome, at that stage the 12 months is probably almost up. It may well be, and it does happen in some cases, very unfortunately, that it is 15 to 18 months later. Although it is a matter ultimately for the Oireachtas, my preference would be that it should be two years rather than 12 months.

Although a matter ultimately for the Oireachtas, my preference would be that it should be two years rather than 12 months. Many of the cases I have had to reject because they exceeded the limitation period would have survived if it had between two years rather than one year.