Seanad debates

Wednesday, 6 October 2004

Ombudsman (Defence Forces) Bill 2002: Second Stage.

 

4:00 pm

Kathleen O'Meara (Labour)

I welcome the Minister to the House and congratulate him on his recent appointment. I note that he acknowledged the commitment of the previous Minister, Deputy Michael Smith, to this legislation, which, following amendment in the Dáil, bears his stamp.

The legislation is welcome. The principle of establishing an ombudsman for the Defence Forces is welcome. We hope this will usher forward a new era for the forces. The Doyle report, the basis on which this legislation is being brought forward, was disturbing. It showed there was an unacceptable level of sexual harassment taking place within the Defence Forces, and not only of female members. We know women are not the only victims of sexual harassment. In recent years we have had too many disturbing reports indicating there is a culture of bullying and harassment within the Defence Forces. This is unacceptable to the Oireachtas and does not reflect society's view of what is tolerable or acceptable in the forces. This legislation, together with other initiatives based on the recommendations of the Doyle report which the previous Minister was not slow in bringing forward, will ensure we encourage a new culture within the Defence Forces of which we can be proud and which will reflect society's aspirations.

The principle of an ombudsman as a pillar of accountability is well established and the role has become important. The establishment of that role for the Defence Forces sends an important signal which I hope will be accepted by members of the forces, particularly those with a grievance. The office will be independent and will provide an important resource outside of the system. The Defence Forces need to maintain a culture of discipline and obedience and the ombudsman will face a delicate balance in ensuring that discipline is maintained.

I appreciate the Minister's proposals with regard to amendments put forward and accepted in the Dáil. They have strengthened the Bill and show the level of openness with which the former Minister, Deputy Michael Smith, accepted the views expressed by Members of the Dáil, particularly the Opposition. I appreciate in particular the definition of military operations. It is when we examine the exemptions that we can see how the legislation will apply. While the principle is important, it is important that we examine the nuts and bolts of where the ombudsman will or will not have power. I look forward to doing that on Committee Stage. I hope the legislation before us will be further enhanced by our consideration on Committee and Report Stages.

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