Tony Killeen (Clare, Fianna Fail)

The function of the Ombudsman for the Defence Forces is to act as the ultimate point of appeal for and administrative investigation into complaints made by members and former members of the Defence Forces against other members or former members of the Defence Forces or against a civil servant of the Department of Defence. The ombudsman may investigate a complaint in respect of an action or decision which may have adversely affected the complainant personally. The action or decision complained of must have occurred no earlier than 1 December 2005.

In 2007, the number of recommendations received from the ombudsman was 20 with 15 accepted and five rejected; in 2008, it was 21 with 15 accepted and six rejected; in 2009, 25 with 22 accepted, three rejected and two still to be decided; in 2010, none of the ten recommendations has yet been decided.

The ombudsman's recommendations in these reports cover issues specific to the individual's complaint including proposals for redress in cases where the ombudsman has found a person has been wronged together with any systemic issues the ombudsman identified in the course of her investigation.

In arriving at my determination on each case, I take careful account of all the ombudsman's findings and recommendations. I also take into account the specific and unique requirements of the Defence Forces. In cases where I accept a recommendation, this decision is conveyed to the chief of staff to ensure the action required to give effect to that recommendation is taken at the earliest opportunity.

Where I accept a recommendation from the ombudsman which is of a systemic nature, this is referred to the appropriate branch of the Department or the Defence Forces for consideration in the context of the ongoing development of best practice human resources management.

I welcome the constructive contributions made by the ombudsman in supporting improved human resources practices. Since the establishment of her office in 2005, her input has assisted the Defence Forces in the revision of several human resources procedures including the selection processes for career courses and overseas service. The ombudsman's recommendations 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 accordance with the Ombudsman (Defence Forces) Act 2004, the Ombudsman for the Defence Forces is independent in the performance of her duties. She is required to cause a report on the performance of her functions under the Act to be laid annually before each House of the Oireachtas. In her 2009 report, the ombudsman referred to several recommendations about systemic matters made by her in final reports which were accepted by the then Minister for Defence and the military authorities. She stated the changes flowing from these recommendations will not only address the grievance in the individual case but will also ensure other members of the Defence Forces will not encounter bad practices, or good practices poorly applied, in the future.

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