Brian Hayes (Fine Gael)

I move amendment No. 4:

In page 7, between lines 4 and 5, to insert the following new subsection:

"(3) The Ombudsman may, if it appears to it desirable in the public interest to do so and without receiving a complaint, investigate any matter that appears to it to indicate that a member of the Defence Forces may have—

(a) committed an offence, or

(b) behaved in a manner that would justify disciplinary proceedings.".

The Bill as drafted means complaints can be taken from existing members of the Defence Forces, but with some caveats. However, it is important in the public interest that the ombudsman be given as much flexibility to investigate any matter he or she so wishes. The ombudsman will decide what is of public importance and what is not. Due to the cultures that exist in armies, people can feel confined in coming forward. There is an argument for allowing the ombudsman to take on matters of public importance of his or her volition. This is a matter of ensuring the ombudsman's independence and being given a free hand to investigate matters he or she feels are warranted. It is unwise to limit the ombudsman's investigative powers to the pursuit of complaints made to him or her.

This provision mirrors the existing proposals for the Garda ombudsman in the Garda Síochána Bill. This amendment will introduce consistency in the posts. There may be cases where complaints will not be made to the ombudsman but where it is in the interests of the Defence Forces that these matters be investigated. The ombudsman will know what is and is not important. The full independence of the office will be greatly helped by this subsection.