Results 9,821-9,840 of 11,861 for speaker:Brian Hayes

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

Brian Hayes: I appreciate the Minister's intention to restate the legislation. This is important because it is public business. Everyone must know that the ombudsman is in place and be able to read the legislation in plain English. I appreciate the Minister saying that, at the first available opportunity, the restatement will appear again in amended form.

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

Brian Hayes: Every profession is different.

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

Brian Hayes: If it were possible I would propose an amendment on the floor. I am only now seeing the limitations of the amendment. An amended version of section 4(3) could read: "The Ombudsman may, if it appears desirable in the public interest to do so and without receiving a complaint, investigate any matter that is brought to his attention." That gives full power to the ombudsman to decide what he...

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

Brian Hayes: That is important because he is coming from a totally different perspective. I want to make one point and I may be way off the mark in saying this but when I speak to non-commissioned officers in my constituency, they tell of the upstairs-downstairs attitude that exists. That is part of the problem. People with authority have to use it in a very firm way to ensure discipline, and all the...

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

Brian Hayes: And myself.

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

Brian Hayes: The Duke of Wellington would not have had an ombudsman.

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

Brian Hayes: I thank the Minister for his reply. The net point is that there is a distinct difference between a specific complaint involving a named individual, occurrences, etc., as against the practice. My concern is that bad practices which could be to the detriment of the Defence Forces in the long run, have no likelihood of being exposed if a complainant does not come forward. I believe that the...

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

Brian Hayes: I defer to the wiser Senator Maurice Hayes all the time.

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

Brian Hayes: I move amendment No. 5: In page 8, before section 5, to insert the following new section: 5.(1) The Ombudsman shall provide the following persons with sufficient information to keep them informed of the progress and results of an investigation under this Act if the investigation resulted from a complaint— (i) the complainant, (ii) the member of the Defence Forces whose conduct is the...

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

Brian Hayes: I withdraw the amendment. I have been bowled over by the arguments on the opposite side of the House. They have demolished my confidence at this stage and I am not sure if I can continue. Next we will be proposing an ombudsman for boy scouts, which I know something about.

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

Brian Hayes: I move amendment No. 7: In page 9, between lines 36 and 37, to insert the following new subsection: "(4) In this section 'serving member' means— (i) a person in the service of the Defence Forces, including a recruit; (ii) a former active member, including a former recruit; (iii) a retired member; (iv) applicants to the Defence Forces; and (v) a civil servant in the service of the Defence...

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

Brian Hayes: Ombudsman, I apologise.

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

Brian Hayes: It is genderless, even though it is an ombudsman.

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

Brian Hayes: That is something I have learned today. I thank the Acting Chairman. There is a solid argument for recruits to be included, those who applied to the Defence Forces. I am not suggesting that because one was not selected as part of the officer group for 2005 one should immediately complain to the ombudsman but there may be circumstances in which people felt they had been dealt with unfairly in...

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

Brian Hayes: If the Senator continues talking I might complain about him myself.

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

Brian Hayes: There is no protection here for whistleblowers. Compared to many EU countries our legislation is deficient in this area. I can think of a category of civil servants working regularly with the Army who might well come forward on any matter with which they are dealing and bring it to the attention of a new ombudsman which would have a direct impact on how the force is governed and run and the...

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

Brian Hayes: Without definition.

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

Brian Hayes: I move amendment No. 9: In page 16, subsection (2), line 4, to delete "in the Civil Service of the State". This has been a rather fallow afternoon for Opposition Senators, but the Minister may choose to accept these amendments. The wording of this section is an example of verbiage, which the Minister does not like. Section 14(2) states, "a member of the staff of the Ombudsman shall be a civil...

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

Brian Hayes: The Office of the Chief Parliamentary Counsel and all people concerned with drafting legislation have tried to do so in clear and plain English. The Minister should strike a blow for those of us who believe in plain English by accepting these amendments, which I am sure he will do.

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

Brian Hayes: Yes.