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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.

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

Willie O'Dea: The ombudsman will be given the power to challenge that if he or she so wishes.

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

Willie O'Dea: I am a fully paid-up member of the plain English society. There seems to be some confusion about the definition of the term "civil servant". The Bill provides generally that the term "civil servant" has the meaning assigned to it by the Civil Service Regulation Act 1956.

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

Willie O'Dea: That is the same definition as that in the Ombudsman for Children Act 2002 and the Ombudsman Act 1980.

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

Willie O'Dea: Section 14 of the Bill deals specifically with civil servants who will be employed in the new office of the ombudsman of the Defence Forces. The provisions of the section reflect the corresponding provisions of section 10 of the Ombudsman Act 1980 and section 21 of the Ombudsman for Children Act 2002 in providing that, "a member of staff of the Ombudsman shall be a civil servant in the Civil...

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

Willie O'Dea: Yes.

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

Willie O'Dea: One does not have to read many documents together because all the legislation has been codified or restated recently.

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

Willie O'Dea: Senator Hayes is aware that the general body of defence legislation has recently been the subject of a published restatement. A comprehensive restatement of the Defence Acts 1954 to 1998 and the Courts Martial Appeals Act 1983 was published some months ago. It is intended that the general body of the Defence Acts should be the subject of critical review and scrutiny in the immediate future...

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

Willie O'Dea: Senator Brian Hayes has generously acknowledged that we recently completed a major consolidation and restatement exercise. The Bill before the House amends just one section of the Defence Act 1954. It should not require a significant amount of imagination, ability or insight to read the substantial existing restatement in conjunction with a single additional Act. We will be conscious of this...

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

Willie O'Dea: I thank Senator Brian Hayes for his good wishes. I accept that the amendment and all his proposed amendments are put forward with the best intentions to achieve the best legislation. I accept that Fine Gael was very supportive of the idea of an ombudsman for the Defence Forces and put forward suggestions in the Lower House which improved the Bill. I hope the Senator does not take it as a...

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

Willie O'Dea: The Bill provides that the Defence Forces ombudsman will be appointed to that office by the President acting on the recommendation of the Government. This mirrors the mode of appointment of the Chief of Staff of the Defence Forces. The amendment would require the person appointed to the office of Defence Forces ombudsman to be appointed in a similar mode to other holders of statutory offices...

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

Willie O'Dea: The legislation provides for a period not exceeding seven years with provision for a possible second and subsequent term of appointment. The amendments in the name of Senator Hayes would provide for a fixed term of appointment of seven years with the possibility of one second term of appointment only. The second term would presumably also be for a fixed term of seven years. That would amount...

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...

Written Answers — Bullying in the Workplace: Bullying in the Workplace (12 Oct 2004)

Willie O'Dea: An individual has been remanded for trial by court martial on charges relating to alleged offences against military law under section 141 of the Defence Act 1954. Section 141 relates to the making of a false accusation against, or the making of a false statement affecting the character of, another member of the Defence Forces, knowing such accusation or statement to be false. A summary of...

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