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Committee on Public Petitions: Annual Reports from 2017 to 2020 and Related Matters: Ombudsman for the Defence Forces (20 Jan 2022)

Martin Browne: I am just asking in the context of the reports before us today and also to get Mr. Justice Mahon's view on how such allegations were actually handled, in light of the matters raised by those involved in the "Women of Honour" programme and whose experiences go back decades.

Committee on Public Petitions: Annual Reports from 2017 to 2020 and Related Matters: Ombudsman for the Defence Forces (20 Jan 2022)

Martin Browne: In Mr. Justice Mahon's report for 2020, he said that there has been an increase in the number of bullying-type complaints. He suggests that this is not necessarily because there is an increase of incidents of bullying in the Defence Forces in recent times, rather that it is because of a greater awareness generally of such activity and the availability of a more receptive and sensitive...

Committee on Public Petitions: Annual Reports from 2017 to 2020 and Related Matters: Ombudsman for the Defence Forces (20 Jan 2022)

Martin Browne: One quick question and then I will let in other members. It has been said that the current rate of personnel turnover in the Defence Forces will see a continued decline in numbers. Are there any issues that you have deliberated that could be active factors in this low level of uptake? Do you have any suggestions that may help to resolve that?

Committee on Public Petitions: Annual Reports from 2017 to 2020 and Related Matters: Ombudsman for the Defence Forces (20 Jan 2022)

Martin Browne: I thank Senator Buttimer. The next speaker is Deputy Pat Buckley.

Committee on Public Petitions: Annual Reports from 2017 to 2020 and Related Matters: Ombudsman for the Defence Forces (20 Jan 2022)

Martin Browne: I do not see any other hands up, so I will come back in myself. I wish to return to the issue of section 4, which was raised by Deputy Devlin. In Mr. Justice Mahon's opening address he stated that the provisions in section 4 of the 2004 Act do not go far enough to "adequately provide for certain types of interpersonal complaints, such as, for example, inappropriate behaviour, sexual abuse...

Committee on Public Petitions: Annual Reports from 2017 to 2020 and Related Matters: Ombudsman for the Defence Forces (20 Jan 2022)

Martin Browne: Another issue that concerns me is the use of language in the categorisation of the nature of the complaints that are referred to the Office of the Ombudsman for the Defence Forces. I refer to the use of the term "interpersonal issues" in one category. Mr. Justice Mahon stated that this category covers elements of personality conflict, allegations of inappropriate behaviour or bullying....

Committee on Public Petitions: Annual Reports from 2017 to 2020 and Related Matters: Ombudsman for the Defence Forces (20 Jan 2022)

Martin Browne: If the Office of the Ombudsman for the Defence Forces were ever to reach a finding in relation to a matter on which another forum subsequently came to a different conclusion, would it revise its initial findings or amend the report? Is there a process there to do that?

Committee on Public Petitions: Annual Reports from 2017 to 2020 and Related Matters: Ombudsman for the Defence Forces (20 Jan 2022)

Martin Browne: If a Minister were to change his views on a matter, where he initially supported the findings of the ombudsman, what would be the response?

Committee on Public Petitions: Annual Reports from 2017 to 2020 and Related Matters: Ombudsman for the Defence Forces (20 Jan 2022)

Martin Browne: Is there anything missing in terms of Mr. Justice Mahon's powers that would assist him to better carry out his work? As mentioned by Senator Buttimer and others, is there something that perhaps we could try to change in legislation? Is there any specific thing that is stopping the ombudsman-----

Committee on Public Petitions: Annual Reports from 2017 to 2020 and Related Matters: Ombudsman for the Defence Forces (20 Jan 2022)

Martin Browne: Like other speakers have said, we will work closely with Mr. Justice Mahon's office.

Committee on Public Petitions: Annual Reports from 2017 to 2020 and Related Matters: Ombudsman for the Defence Forces (20 Jan 2022)

Martin Browne: Does Mr. Justice Mahon believe the redress of wrongs system is an effective process? Does it need modification or reform? PDFORRA, which represents enlisted personnel, has urged the commission to bring forward recommendations to speed up the Defence Forces internal mechanism for the so-called redress of wrongs. It wants cases to be sent immediately to the Ombudsman for the Defence Forces....

Committee on Public Petitions: Annual Reports from 2017 to 2020 and Related Matters: Ombudsman for the Defence Forces (20 Jan 2022)

Martin Browne: I have two quick questions only for Mr. Justice Mahon. He referred in his report to the systematic administration failures. Can he give a couple of examples of what these may be?

Committee on Public Petitions: Annual Reports from 2017 to 2020 and Related Matters: Ombudsman for the Defence Forces (20 Jan 2022)

Martin Browne: Finally, has the Minister or the Minister of State given any indication that there will be a review of the legislation, and if there is, have they given any timeline for it that we could work with Mr. Justice Mahon on, as Deputy Devlin and others have said, to put in recommendations or amendments to it?

Committee on Public Petitions: Annual Reports from 2017 to 2020 and Related Matters: Ombudsman for the Defence Forces (20 Jan 2022)

Martin Browne: If there are no other members wishing to come in, I would ask Mr. Justice Mahon to make his closing remarks.

Committee on Public Petitions: Annual Reports from 2017 to 2020 and Related Matters: Ombudsman for the Defence Forces (20 Jan 2022)

Martin Browne: I am sure I speak for everybody in saying that Mr. Justice Mahon has given a very comprehensive report to us today. We have been interested in his views on the changes that need to be made to the 2004 Act which would enable and improve the service to be provided by your office, such as, as you said yourself, to allow discretion to exceed the limitation period up to 12 months, to clearly...

Committee on Public Petitions: Decisions on Public Petitions Received (20 Jan 2022)

Martin Browne: We have six petitions for consideration today. Petition 115/21, "Respectful Dialogue", is from Mr. Des Lafferty. The recommendation is that this petition be closed as the Joint Committee on Public Petitions has exhausted all avenues in trying to assist this petitioner. The previous response from the Department of Foreign Affairs was comprehensive and advised that the Ombudsman commenced...

Committee on Public Petitions: Decisions on Public Petitions Received (20 Jan 2022)

Martin Browne: Is that agreed? Agreed. Petition 26/21, "Urgently support Tunisia in the Covid-19 Crisis", comes from Mr. Mr. Fakhri Selmi. The recommendation is that a copy of the correspondence from the Department of Foreign Affairs be forwarded to the petitioner for comment. Do members have any views? On my own behalf, we have looked at the case. There was €600 million set aside to send...

Committee on Public Petitions: Decisions on Public Petitions Received (20 Jan 2022)

Martin Browne: Agreed. Petition 40/21, "Petition for Nationwide Public Recycling Bins" is from Ms Kezia Wright. The recommendation is that the correspondence from the Environmental Protection Agency be forwarded to the Department of the Environment, Climate and Communications along with the petition details and that correspondence from the Environmental Protection Agency be forwarded to the petitioner for...

Committee on Public Petitions: Decisions on Public Petitions Received (20 Jan 2022)

Martin Browne: Is that agreed? Agreed. Petition 41/21, "Maternity, paternity and parental leave in the case of multiple births" is under the name of a Mr. Christopher McCann. The recommendation is that the correspondence from the Department of Social Protection be forwarded to the Department of Children, Equality, Disability, Integration and Youth along with the petition details and that the...

Committee on Public Petitions: Decisions on Public Petitions Received (20 Jan 2022)

Martin Browne: Is that agreed? Agreed. Petition 44/21, "National Youth Justice Strategy" comes from Mr. Liam Doran. The recommendation from the private session was that correspondence from the Department be forwarded to the petitioner for comment. One of the concerns raised yesterday relates to programmes for 18 to 24 year olds but if we wait until young people are 24 before providing help, we will...

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