Willie O'Dea (Limerick East, Fianna Fail)

I thank Senator Brian Hayes for that clarification. I understand Senator Maurice Hayes went on to say that if there could be a limited inspectorate role for the ombudsman he would welcome it. However, he concluded at the end of the debate that this would not be possible, that either one had an inspectorate or one did not.

Senator O'Meara said that as Members of the Oireachtas we should not slavishly follow the views of representative associations. Let us put this issue in context. The Defence Forces ombudsman is for members of the Defence Forces. The pressure and movement for such an ombudsman came from people in the Defence Forces. The person will be a public servant hearing complaints from members of the Defence Forces. Therefore, it seems logical that the views of members of the Defence Forces should be taken into account and should weigh heavily with the type of office proposed. We will not slavishly follow the views of any representative association, no matter how important, but they must be taken into account. I would be prepared to depart from those views and follow the line suggested if the proposed amendment were logical, practicable and an extension of or improvement on the Government's proposal. However, it is not. Rather it is a departure into an entirely new realm.

This Bill proposes to change the system of appeal in regard to military redress. The final court of appeal at present is the Minister for Defence. However, the Defence Forces want the Minister to be replaced by an ombudsman to hear complaints as the final court of appeal, with which the Government agreed. The Garda ombudsman legislation pioneered through the other House by the Minister for Justice, Equality and Law Reform created an official with a two-fold function as a final adjudicator of complaints and as a general inspector. However, the understanding in respect of this Bill was that only the former function was proposed or wanted as it was all that was practicable.

Senator Brian Hayes suggests we will not take away from or add to the powers of the ombudsman by accepting these amendments. However, the proposed amendment would dilute the power and function of the ombudsman by covering different areas and chasing different hares, as Senator Minihan suggested was the case. The people for whom we are legislating do not want that situation and neither would it be practicable or correct.

The points raised on the previous occasion by Senators Brian and Maurice Hayes in respect of suicides in military barracks and so on are valid. We are taking substantive measures to encourage and help people in the military who have complained to come forward. Early in the new year, some 200 people will be nominated in the military to whom people who have legitimate complaints can come forward. We are implementing the recommendations in the Doyle report on bullying. A new administrative direction is being given to all members of the Defence Forces. There is a confidential telephone line and we are also canvassing people who are leaving the military to give an account of their experiences to examine where we can focus to make further improvements.

In view of those developments, I am inclined to share the views of PDFORRA and the ordinary members of the military at officer and enlisted level for whom we are legislating, that this is the correct approach and one the Government proposes to maintain.