Dáil debates

Wednesday, 2 July 2008

1:00 pm

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)

I welcome the second annual report of the Ombudsman for the Defence Forces, which covers the period January to December 2007. This is a further milestone in the development of the office, which became operational on 1 December 2005 and which represents a significant development in the modernisation of the military redress of wrongs process. The Ombudsman (Defence Forces) Act 2004 provides that the Ombudsman for the Defence Forces is independent in the performance of her duties and it is not considered appropriate for the Minister to report on her behalf or to give details in respect of her reports on individual cases.

The ombudsman reported an increase in the number of referrals to her office from 26 in 2006 to 76 in 2007. She also reported that 15 of the 2007 referrals were carried over from 2006 and that eight were from former members of the Defence Forces. I acknowledge that the increase in the number of referrals arises from an greater awareness of the Office of the Ombudsman for the Defence Forces, as well as rising confidence among members of the Defence Forces. I welcome this development.

The input of the ombudsman has assisted the Defence Forces in the revision of a number of HR procedures, including the selection processes for career courses and overseas service. The recommendations in the ombudsman's reports to me have also informed the revision of selection processes for promotion, a new version of which is currently being progressed with the representative associations through the conciliation and arbitration scheme. In this regard, I note the ombudsman's recognition of the continued co-operation that she has received from the Defence Forces and my Department. I remain committed to the successful implementation of the Ombudsman (Defence Forces) Act 2004.

In her report, the ombudsman highlighted the challenge of identifying appropriate and proportionate remedies while retaining due regard to the practicalities of the military environment. I fully support her proposal to engage in a constructive dialogue with a view to identifying appropriate solutions. With this in mind, my officials wrote to the ombudsman earlier this month indicating my Department's desire to engage with her in this task.

The ombudsman reported 30 referrals in respect of non-selection for promotion, 13 in respect of non-selection for career courses or overseas service, 29 in respect of other issues and four in respect of complaints of bullying and harassment. With regard to the latter category, I understand from the ombudsman that one of these was withdrawn, the second did not fall within her jurisdiction, the complaint was not upheld by her in respect of the third and the fourth is being processed.

The report of the ombudsman refers to resources and office accommodation. I am advised that the Office of the Ombudsman for the Defence Forces recently achieved a steady staff level of four, consisting of the ombudsman, an investigating officer, an office manager and clerical support. The Office of the Ombudsman for the Defence Forces is currently located in Hatch Street, Dublin 2. I have supported the request from the ombudsman to the Office for Public Works in respect of the provision of alternative accommodation. My commitment to the success of the office of the ombudsman extends to ensuring that, in keeping with overall public service standards and requirements, appropriate staff levels and other resources will be available to it. My Department is in discussions with the ombudsman on these issues.

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