Dermot Ahern (Louth, Fianna Fail)

The Deputy's amendments propose to refer complaints in respect of the Defence Forces and the Revenue Commissioners to the Ombudsman for the Defence Forces and the Office of the Ombudsman, respectively. Concerning complaints made by the public in respect of the Garda, the section already provides that complaints regarding the Garda Síochána are referred by the complaints referee to the Garda Síochána Ombudsman Commission.

However, with regard to the Ombudsman for the Defence Forces, that ombudsman investigates complaints into internal matters by members and former members of the Defence Forces. It does not provide any remit with regard to complaints by members of the public and I do not believe it is the appropriate body in that context for the complaints referee to report to in respect of the Defence Forces.

Similarly, the Office of Ombudsman investigates complaints against administrative actions of Departments. The Ombudsman is empowered to make recommendations only. Her findings are not binding and, therefore, I believe it is more appropriate that any report regarding the Revenue Commissioners should be made to the Minister for Finance.

With regard to the Deputy's proposal to provide for appeals to the District Court, the complaints procedure in the Bill mirrors equivalent provisions in the Interception of Postal Packages and Telecommunications Messages Act 1993. The complaints referee will be the holder of the Office of Complaints Referee, under the interception legislation. In any event, I see no need to provide for a special appeals mechanism against a decision of the complaints referee. The making of an application to the complaints referee does not preclude the applicant from pursuing other legal remedies available.

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