Results 361-380 of 12,629 for speaker:Willie O'Dea

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: He will have time to show Senator O'Meara around the little towns and villages of County Tipperary such as Nenagh and Roscrea.

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: From Senator Brian Hayes's comments, I am prepared to examine the amendment's provisions. However, one runs into difficulties when micro-managing these matters in primary legislation. A suitable person for the office of ombudsman may not want to serve for a shorter period than seven years. A statutory provision requiring an ombudsman to serve for seven years may discourage suitable candidates...

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: ——and that such plans are to give the Government super powers over and above what it already has. Flexibility is needed on this matter so the best people apply for the post. If Senator Brian Hayes's amendment, as worded, is accepted, an ombudsman appointed for seven years who was good would have to do a second term. Many a good person refused a second term in Áras an Uachtaráin because...

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: I will re-examine the amendment but I cannot accept it in its current form. There may be a middle way which can be examined on Report Stage.

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: I have no one in particular in mind for the job. It will be publicly advertised as quickly as possible and the most suitable applicant will be selected.

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: There is no bar.

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: I take on board what has been said by Senators about the potential reluctance of people to come forward and make a complaint. We have engaged in a number of initiatives to deal with that into which I will go if Senators wish. In regard to this amendment, it is an essential principle of the legislation that, subject to the provisions of the Bill, the Defence Forces ombudsman may investigate an...

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: It has been an informative debate for a civilian such as myself——

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: First, I would like to thank Senator Maurice Hayes for giving us the benefit of his vast experience from the position of ombudsman, and also Senator Minihan for giving us his insights on what exactly it is like working inside the military structure. Listening to Senator Minihan I am reminded of what the Duke of Wellington said when he was asked to compare being in charge of a government to...

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: I will tell the Senator afterwards.

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: One of the major concerns relates to when there is some pattern of behaviour that should be investigated, yet people are gripped by fear and cannot come forward. How is that type of situation investigated? What Senator Brian Hayes says is compelling. It would be much more compelling, however, if this debate were taking place before the publication of the Doyle report, Challenge of the...

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: This amendment proposes to insert into the body of the primary legislation detailed references to matters of administration which I believe would be more properly provided for at the discretion of the ombudsman. We should not micro-manage the investigation system in the primary legislation. The matters referred to do not require an insertion into the primary legislation. As Senator Minihan...

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: I listened carefully to what Senator O'Meara said. As I understand it her intention is to allow people to go back with complaints which originate within the 12-month period before the commencement of the Bill. The difficulty is in the way her amendment is drafted where it states, "a complaint may be made within the 12 months immediately following the commencement of this Act regarding an...

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: Yes, indeed. In regard to a complaint made about an action where that action predates the commencement of this legislation, the revised Bill incorporating ministerial amendments provides that such a complaint can still be referred to the Minister under section 114 of the Defence Act 1954 as at present. I draw the Senator's attention to the comprehensive ministerial amendment to section 13 of...

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: It is an ombudsman.

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: The proposed amendment concerns the prescribed categories of person who may complain to the Defence Forces ombudsman. The published legislation provides that complaints may be made to the Defence Forces ombudsman by serving and former members of the Defence Forces, subject to the other governing terms in the legislation. A complaint may be made in respect of a matter internal to the Defence...

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: Recruits and cadets are enlisted serving members. Applicants can apply to the public services Ombudsman. They can complain to the Minister for Defence in general terms in the first instance. The Ombudsman might insist on that because all other avenues must be exhausted before going to the Ombudsman. No civil servant is in the service of the Defence Forces. They are civil servants of the...

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: Section 10(3)(a) prescribes the powers of the Minister to give written notice to the Defence Forces ombudsman to preclude disclosure other than to the ombudsman and his office any specified documentation, information, etc., on grounds that any such disclosure would be prejudicial to the public interest or security. The Senator's amendment seeks to remove the public interest ground. In the...

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: —— statement as to why, in the opinion of the Minister, that disclosure would be prejudicial to the public interest or to security. Section 10 deals with the important matter of secrecy of information, a sensitive matter given that the Defence Forces ombudsman will by definition be involved in the investigation of complaints originating in the military environment. Notwithstanding this,...

Seanad: Ombudsman (Defence Forces) Bill 2002: Committee Stage. (13 Oct 2004)

Willie O'Dea: I will examine that issue. My intention is that the Minister will have to give notice in writing of his reasons for asking the ombudsman to suppress the information. I will consider that point.