Willie O'Dea (Limerick East, Fianna Fail)

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 to 14 years in total over two terms. The proposed amendments would allow an individual to serve for 14 consecutive years in total. Senator Hayes will say that in theory the legislation also allows for that. However, similar amendments were put down on Committee and Report Stages in the Dáil. My predecessor examined this issue very carefully during the Dáil deliberations on the Bill. Having examined the issue again I cannot, unfortunately, accept Senator Hayes's amendment.

The provisions of the Bill regarding term of appointment were drafted in order to provide flexibility in making an appointment. They were drafted not necessarily from the Government's viewpoint but from the viewpoint of potential appointees. A suitable potential appointee might be interested in filling the position for a period of three, four or five years but may not wish to undertake the task for a full seven-year term. We need to retain some degree of flexibility regarding the term of appointment. As a consequence we also require flexibility regarding the possibility of second and subsequent terms.

In the context of the new Defence Forces ombudsman it is important that artificial restrictions are not introduced into this primary legislation which could in practice serve to frustrate the filling of the post by a suitable candidate for a term of less than seven years. The Bill provides that the question of the fixing of the duration of the term of appointment should be left to the instrument of appointment, subject to the term not exceeding seven years in the case of any one or subsequent appointment. I am convinced this is the best practical operational model for this new position.