Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

The Defence Forces have a full-time Minister for Defence. As has been my practice for about 30 years, I do two days work in one day by starting at 5 a.m. and finishing some time between 10 p.m. and 11 p.m. When I was in opposition, that allowed me to continue to work as a solicitor and it now facilitates my being able to deal with defence issues in a very effective and hands on way. I am perhaps involved a great deal more in the Department of Defence in dealing with issues and implementing reform than my immediate predecessor. The Deputy might inquire into that.

The ombudsman is becoming part-time for the very reason the Deputy gave.

It is appropriate that we pay tribute to the former Ombudsman for the Defence Forces for the work she did. Over the initial years of her term in office, she identified a range of what I describe as procedural failures in the manner in which the military dealt with a variety of complaints and issues. As a consequence of what she identified, I was anxious to ensure that issues were actively were addressed. Where new procedures were required, they were put in place and where there were perceptions of unfairness or real unfairness in the manner in which regulations were being applied, those issues were addressed. As a consequence, during my time as Minister, a number of changes were introduced to address areas of difficulty that have given rise to a myriad of complaints to the Ombudsman for the Defence Forces. In fairness to my predecessor, I believe there was some reform in that area during his final year in office.

There has now been a substantial drop in the level of complaints. Better procedures are being applied within the military. There is less cause for complaint. Difficulties that were previously identified have been addressed. The numbers the Deputy gave clearly illustrate why it was deemed appropriate to change this from being a full-time post to being a part-time post. It is a part-time post in the sense that the new Ombudsman for the Defence Forces will operate three full days a week. Of course, we have said we would keep that under review and if it transpires that there is a difficulty in that regard, it will be addressed. However, I could not justify resourcing a full-time Ombudsman for the Defence Forces, when as the Deputy has put it, complaints have dropped from in excess of 100 a year to approximately 35. We are now happily in a different and better place.

We have considered other reforms that could be introduced. One of the issues that arose with the outgoing Ombudsman for the Defence Forces is whether the Ombudsman for the Defence Forces would engage in some sort of mediation or dispute resolution. Having regard to the role of the Office of Ombudsman for the Defence Forces as being effectively an appeals mechanism for members of the Defence Forces who are not satisfied with the outcome of a complaint under the Defence Forces internal complaint system, there would be considerable difficulties in having the Ombudsman for the Defence Forces becoming engaged in mediation with a view to dispute resolution because essentially that office is an appellate office for a member of the Defence Forces who believes he or she has been wronged in the manner in which an issue has been addressed. Clearly what is required is a decision on that matter as opposed to an engagement in mediation. Our decision-making process effectively identified the need for change and reform, which has now been substantially implemented.

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