John Minihan (Progressive Democrats)

I spoke at length on this issue on Committee Stage. I would not altogether concur with Senator O'Meara. This amendment as tabled by two members of the Opposition goes back to the over-civilianisation of the Defence Forces. There is a unique system within the Defence Forces involving the law of the land, military law and the military redress system. These aspects must be brought into play before a member of the Defence Forces decides to put his or her case before the ombudsman or make a complaint. I welcome that approach.

My concern — the Minister covered this — is that we will create an inspectorate for the Defence Forces. If the ombudsman does not receive a complaint from a member of the Defence Forces that has not been dealt with by the normal redress system, the ombudsman may, on receipt of such a complaint, carry out an investigation. If we go down the road of the amendment who will decide whether the ombudsman should or should not investigate?