Willie O'Dea (Limerick East, Fianna Fail)

The proposed amendment concerns the prescribed categories of person who may complain to the Defence Forces ombudsman. The published legislation provides that complaints may be made to the Defence Forces ombudsman by serving and former members of the Defence Forces, subject to the other governing terms in the legislation. A complaint may be made in respect of a matter internal to the Defence Forces where the complainant feels adversely affected. The general body of serving members and former members of the Defence Forces will be able to utilise this legislation and to access the Defence Forces ombudsman as provided for in the legislation. This includes recruits and cadets. There is no reason civilians who have never served in the Defence Forces would need to make an application to the Defence Forces ombudsman regarding internal defence force matters.

Civilians have recourse to the Ombudsman for the public service and to the Minister on matters concerning the Department of Defence and the Civil Service. Typical examples would be queries about civilian employee pensions, matters connected with property owned by the Department of Defence and civilian applications to join the Defence Forces. None of these matters is proper to the specific role of the new Defence Forces ombudsman. In particular, the Defence Forces ombudsman legislation is not relevant to civilian employees of the Department as those individuals are non-established civilian employees of the Department of Defence.

Many are craftsmen while others perform various clerical functions in stores and so on. While they work with the Defence Forces their employment is subject to the normal body of civil employment legislation. They enjoy exactly the same employment rights as all other non-established State employees employed by the Office of Public Works and by certain other Departments. Their interests are represented by recognised trade unions at the joint industrial council for non-established State industrial employees of Departments. They are not subject to military law or discipline. In light of the entirely comprehensive nature of the provisions of the published legislation I must reject this amendment.