Willie O'Dea (Limerick East, Fianna Fail)

Yes, indeed. In regard to a complaint made about an action where that action predates the commencement of this legislation, the revised Bill incorporating ministerial amendments provides that such a complaint can still be referred to the Minister under section 114 of the Defence Act 1954 as at present. I draw the Senator's attention to the comprehensive ministerial amendment to section 13 of the Bill as originally published. The amendment as proposed would have the effect that a complaint could be referred to the ombudsman concerning any action which predated the commencement of the new legislation provided only that the complaint is made within 12 months of the date of commencement. I realise this may not be the Senator's intention.

Apart from the impracticality of persons potentially making complaints to the new ombudsman about alleged actions which may have occurred many decades ago, this amendment would also be inconsistent with the existing provisions of section 6(3) which places a time limit of 12 months from the date of an action or of the complainant's awareness of an action within which the complainant may submit a complaint.