Billy Timmins (Wicklow, Fine Gael)
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Question 4: To ask the Minister for Defence if any of the 12 reports received by him from the Ombudsman for the Defence Forces to date recommended or stated that a complainant had been wronged or had a justified concern; if so, the details of same; the remedy which has been taken; and if he will make a statement on the matter. [32435/06]

Willie O'Dea (Limerick East, Fianna Fail)
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The Office of the Ombudsman for the Defence Forces was established under the Ombudsman (Defence Forces) Act 2004. On 19 September 2005, Ms Paulyn Marrinan-Quinn SC was appointed by the President, upon the recommendation of the Government, as the first Ombudsman for the Defence Forces.

The function of the Ombudsman for the Defence Forces is to act as the ultimate point of appeal for an administrative investigation into complaints made by members, and former members, of the Defence Forces against another member, former member or civil servant of the Department of Defence. The Ombudsman for the Defence Forces 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.

As I mentioned in my speech to the 2006 annual PDFORRA conference, to date, the Office of the Ombudsman for the Defence Forces has sent me 12 reports on individual cases relating to the PDF with which she has dealt. I have either responded to or I am in the process of responding to the ombudsman in respect of each of these reports. The Minister for Defence is obliged to inform the ombudsman of the measures taken or proposed in response to her recommendation.

The Ombudsman for the Defence Forces is, in accordance with the Act, independent in the performance of her duties. She is required to report annually to the Dáil. In these circumstances, I do not consider it appropriate for me to report on her behalf or give details as regards her reports on individual cases, complaints already submitted to the ombudsman, the status of those complaints or her current treatment of those cases.

I am happy to inform the Deputy that the primary focus in these cases has been on selection for promotion, courses and overseas service. I can also indicate that the reports of the ombudsman have made a valuable contribution to the ongoing updating of selection procedures in these three areas.

Billy Timmins (Wicklow, Fine Gael)
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I do not wish the Minister to take up the role of Ombudsman for the Defence Forces, but perhaps he can answer this question. If a wrong has been done, is it the Minister who will seek to right it in the first place? Does the Ombudsman for the Defence Forces make recommendations in her reports as to what action might be taken by the Minister? Can he indicate how many of the 12 reports to date affect former members, as complainants, and how many affect serving members? Finally, has the Minister recommended any disciplinary action to date on any of the reports or what action has he taken in respect of them? I would be obliged if he would elaborate on those points.

Willie O'Dea (Limerick East, Fianna Fail)
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Again, I am not attempting to avoid answering Deputy Timmins's question, but the Office for the Ombudsman for the Defence Forces is modelled on the public services Ombudsman. The public services Ombudsman gives an annual report to the Dáil outlining the complaints she received and how they were dealt with by the relevant Departments. Under the legislation, the Ombudsman will hear the complaint and give her findings to the Department of Defence outlining whether the complaint has been upheld and, if so, what action is recommended. The Minister is obliged to convey to the ombudsman the action taken. This is contained in the annual report, which is due to be published shortly.

On Deputy Timmins's question about former and serving members, subject to correction, they were all made by serving members. Of the 12 cases reported to the ombudsman, nine preliminary and three final reports have issued. The ombudsman found in favour of the complainant in eight cases, and against the complainant in four. In the eight cases in question, six related to selection processes for career advancement courses, and two related to selection processes for overseas service.