Willie Penrose (Longford-Westmeath, Labour)
Link to this: Individually | In context

Question 6: To ask the Minister for Defence if he will make a statement on the publication of the first report of the Ombudsman for the Defence Forces. [21992/07]

Willie Penrose (Longford-Westmeath, Labour)
Link to this: Individually | In context

Question 14: To ask the Minister for Defence if, in view of the number of complaints made to the Ombudsman for the Defence Forces regarding non-selection of serving members for promotion and overseas service, there are plans to review the procedures governing selection procedures; and if he will make a statement on the matter. [21993/07]

Willie O'Dea (Limerick East, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 6 and 14 together.

The Ombudsman for the Defence Forces, Ms Paulynn Marrinan Quinn SC, launched her first annual report on 15 May last. The report covers the period from December 2005 to December 2006, inclusive.

The creation of the Office of the Ombudsman for the Defence Forces which became operational on 1 December 2005 represented a major historical milestone in the modernisation of the military redress of wrongs process. The publication of the first annual report is a further milestone in this development.

The Act provides that the Ombudsman for the Defence Forces is independent in the performance of her duties and I do not consider it appropriate for me to report on her behalf or to give details in respect of her reports on individual cases. However, I welcome the first report and the work done by Ms Marrinan Quinn in establishing this important new office. The ombudsman has achieved her objective of creating a reputation for impartiality, professionalism and fairness for her office despite the brevity of her time there. I also welcome strongly the response of the Defence Forces to this new office. In this regard, the ombudsman commented that she had found the Defence Forces were open and receptive to the establishment of the office and were willing to recognise the benefits of having an ombudsman.

I welcome the fact that the ombudsman has begun to have a positive impact on military human resources management. In response to recommendations made by the ombudsman, new interim selection procedures for the selection of enlisted personnel for career courses and overseas service were introduced in July 2006. These procedures were introduced in interim form to allow for their evaluation in an operational environment. The Defence Forces are reviewing these procedures with a view to producing a final version in the near future. Furthermore, the procedures for the promotion of non-commissioned officers within the Defence Forces are under review as part of the modernisation agenda. Formal discussions on the proposed system commenced in April 2006 within the conciliation and arbitration forum. The ombudsman has made recommendations on foot of some cases she has investigated which are included as inputs to this review.

Brian O'Shea (Waterford, Labour)
Link to this: Individually | In context

I thank the Minister for that reply. Would he consider it strange that none of the cases in the 2006 report of the Ombudsman for the Defence Forces related to bullying, harassment or sexual harassment, and that 21 of the 26 cases related to the issues the Minister mentioned already? It should be noted that these procedures were brought in based on the previous report of the ombudsman. Is it hard to accept that there were no complaints about bullying, harassment or sexual harassment? If so, why are the complaints not coming through at this level? I understand they come through at a different informal level in the Army. Is this a health situation vis-À-vis the ombudsman service?

Willie O'Dea (Limerick East, Fianna Fail)
Link to this: Individually | In context

Obviously I have no control over what sort of cases go to the ombudsman. Deputy O'Shea is correct that only one case out of the 26 cases considered last year related to bullying or sexual harassment. I understand that the ombudsman could not consider that case because it was outside her remit for procedural reasons.

I would look at it the other way. The internal procedures now are so good that matters do not have to go as far as the ombudsman because one only goes to the ombudsman when one has exhausted all internal procedures. There is a raft of internal procedures in place now. There are the direct contact persons, 240 of whom are in place. There is the confidential telephone line. The procedures have been reviewed by the Labour Court. There is a human rights officer in the Army. I would like to think that the reason so many bullying and harassment cases are not reaching the ombudsman is because they are being so effectively dealt with internally.

Brian O'Shea (Waterford, Labour)
Link to this: Individually | In context

Have there not been reports that Army personnel prefer going through the informal procedures with complaints of this nature and, for that reason, there are no official accounts of the bullying, harassment and sexual harassment complaints that come through at the informal level? It is difficult for the military authorities or the Department to gain an accurate measure of what comes through the informal system in the Army.

Willie O'Dea (Limerick East, Fianna Fail)
Link to this: Individually | In context

Deputy O'Shea has a point, but there are handbooks, guidelines and strategy statements, there is the A7 personnel directive, and anti-bullying measures are imbedded in all education courses in the Army. The ombudsman is a final, statutorily independent court of appeal if people are not satisfied with how they get on internally. They can make the complaint in a number of ways internally but those who are not satisfied can appeal to the ombudsman. The fact that people are not appealing to the ombudsman so far — it could change — is an indication that they are happy with whatever redress they got internally.

Brian O'Shea (Waterford, Labour)
Link to this: Individually | In context

The Minister can interpret it that way. However, it could also be the case that people who go through the formal structures of the Army and then proceed to the ombudsman, which is also a formal structure, have concerns that it can affect their careers or have other negative repercussions. How do we get around that issue?

Willie O'Dea (Limerick East, Fianna Fail)
Link to this: Individually | In context

The terms under which people make informal complaints make specific provision that no one is victimised or intimidated, that his or her career will not suffer, etc. These provisions are written down as part of the regulations that officers investigating complaints must take into account. They must also be taken into account when people are being considered for future promotions. I counted 14 specific anti-bullying measures which are now in place. The ombudsman is now in place.

In response to Deputy Deenihan's earlier question, the Department is undertaking a further comprehensive review. In the context of that comprehensive review, I will ask the group to look specifically at the Deputy's point to see whether there is any evidence and whether we can get figures on the number of informal complaints. Some of the complaints might be about trivial matters which would explain the lack of a record in some cases. I will ask the review group to look at that issue to see whether there is anything further we can do to tighten up on that situation.

Jimmy Deenihan (Kerry North, Fine Gael)
Link to this: Individually | In context

Have any complaints been made to the ombudsman in the context of equality legislation, particularly on the matter of gender equality in promotions?

Willie O'Dea (Limerick East, Fianna Fail)
Link to this: Individually | In context

As Deputy Deenihan will be aware, the vast majority of complaints to the ombudsman relate to selecting people for career courses, for overseas service and for promotion. I do not know whether the latter category contained accusations that people were not promoted simply because of their gender. I do not have the details about the complaints. I stated that the ombudsman is statutorily independent and I do not want to come in here and speak in detail about the cases with which she has dealt. I should imagine the ombudsman's report may provide further information in that regard.

Brian O'Shea (Waterford, Labour)
Link to this: Individually | In context

Only a small number of cases went to the ombudsman, and the number of cases where terminations were made was smaller still. However, in the latter cases the complaints were upheld. Would that ring any alarm bells with the Minister at this stage?

Willie O'Dea (Limerick East, Fianna Fail)
Link to this: Individually | In context

I possess general figures on the total number of complaints being made but I do not know whether they include informal complaints. For example, 96 complaints of harassment and bullying were made in 2006 and the figure will be higher in 2007. However, the number of complaints getting as far as the ombudsman is still quite small. From that point of view, in the context of the overall situation it does not cause me any undue worry.