Seanad debates

Wednesday, 6 October 2004

Ombudsman (Defence Forces) Bill 2002: Second Stage.

 

4:00 pm

Photo of Pat MoylanPat Moylan (Fianna Fail)

I welcome the Minister for Defence, Deputy O'Dea, to the House and congratulate him on his elevation to the Cabinet. Members have worked with him and seen his work in many Departments as Minister of State and his commitment and dedication in those roles will bear fruit for him in his new position as Minister. I wish him well. As a neighbour of the former Minister for Defence, Deputy Michael Smith, I thank him for his dedication in pushing this legislation forward and for his outstanding work for the Defence Forces. I also mention, as the Minister did, the late Mr. John Lucey, the former general secretary of PDFORRA, who was a committed and articulate advocate of the case for a statutory ombudsman for the Defence Forces, which is the purpose of this Bill. We must recognise his outstanding work.

The Bill proposes to establish the office of ombudsman as an independent, statutory entity to which complaints can be forwarded in cases where a person is not satisfied with the responses obtained from the military authorities to a formal complaint under the Defence Act provisions for the redress of wrongs. In this area, it is timely that the Minister has come into office to move this important legislation forward. The Bill clearly sets out the functions and staff of the ombudsman and amends the Defence Act 1954, setting out the terms and conditions under which the office of the ombudsman shall operate and detailing the framework and nature of the complaints that may or may not be investigated by him or her. The new ombudsman will be provided with clear and precise statutory powers of independent inquiry and investigation, closely modelled on those of the original ombudsman legislation of 1980 but reflecting somewhat the unique circumstances and demands of the military environment.

The legislation has the potential to offer members and former members of the Defence Forces a truly independent forum for dealing with complaints and related injustices. No organisation has the capacity to deal effectively with all complaints involving people at different levels within the system. The Defence Forces are no different in this regard. Can the Minister confirm whether the legislation also covers voluntary members, such as those of the FCA? Perhaps he might come back to that on Committee Stage.

The important issue of bullying and harassment in the Defence Forces has long needed to be tackled. Thankfully, the day of bullying or harassment in any organisation is long gone. I am delighted that this issue is being addressed. An independent, confidential helpline and counselling service was launched earlier this year and an independent body will design, administer and analyse an exit interview questionnaire to establish the views of Defence Forces personnel on their experience of military life. This must be welcomed and, alongside the improvements that have taken place in the Defence Forces over a number of years, will give a good incentive for young people who are interested in joining and a real opportunity for them to feel that they have a chance to be part of the forces in the confident knowledge that all steps are being taken to ensure that they will be safe in that working environment. The message must go out loud and clear that bullying and harassment will not be tolerated anywhere. The Minister and other Members have made this point. The Bill will enhance the position of the Defence Forces as one of the best in the world. There may be many points about the Bill which Members will want to raise on Committee Stage and I am sure that the Minister will explain these points in detail.

Most people have had some experience of dealing with members of the Defence Forces or have served in some capacity within the forces. I spent five years in the FCA, an experience I enjoyed. We took part in an annual camp every year, sometimes in Finner Camp in Bundoran. I never experienced problems with any members of the Defence Forces. We enjoyed our times there and participated Sunday after Sunday, shooting on the rifle ranges, and we visited other places, such as the Curragh. My own division, C company, 16th infantry battalion, in Tullamore, held the all-Army rifle shooting championship on many occasions. As is said in the midlands, we had some crack shots in that battalion. Some people seem to enjoy disparaging our Defence Forces but I emphasise that in my time in the FCA I dealt with thorough gentlemen who were highly trained and skilled and possessed of a great sense of care for those assigned to their tutelage. I also wish to mention the members of the Defence Forces I have known who have made a major contribution in their communities, whether to sport or to the many other voluntary organisations in their areas.

The Minister mentioned the in-depth analysis contained in the Doyle report which considered the role of the ombudsman for the Defence Forces. People in charge in the forces took on board the views expressed in that report by Dr. Eileen Doyle, as outlined by the Minister. That report put in train what the Minister is now progressing with this Bill. His concluding remark was that the Bill represents above all a sensible and practical model for the operation of the ombudsman for the Defence Forces. It was a response to a widespread desire for modernisation, reform and redress procedures and also of military personnel, particularly those in the enlisted ranks. I compliment the Minister and the officials who were party to the drawing up of the Bill and look forward to hearing the contributions of other Members. I also thank the Minister's predecessor, Deputy Michael Smith.

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